1-1 By: Farrar (Senate Sponsor - Luna) H.B. No. 647 1-2 (In the Senate - Received from the House May 15, 1995; 1-3 May 16, 1995, read first time and referred to Committee on 1-4 Jurisprudence; May 24, 1995, reported favorably by the following 1-5 vote: Yeas 6, Nays 0; May 24, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the modification of an order providing for a managing 1-9 conservator's or possessory conservator's possession of and access 1-10 to a child on a conviction for child abuse; providing a penalty. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter D, Chapter 156, Family Code, as added 1-13 by House Bill 655, Acts of the 74th Legislature, Regular Session, 1-14 1995, is amended by adding Section 156.304 to read as follows: 1-15 Sec. 156.304. MODIFICATION OF ORDER ON CONVICTION FOR CHILD 1-16 ABUSE. (a) The conviction or an order deferring adjudication of 1-17 an individual who is a possessory conservator or a sole or joint 1-18 managing conservator for an offense involving the abuse of a child 1-19 under Section 21.11, 22.011, or 22.021, Penal Code, is a material 1-20 and substantial change of circumstances sufficient to justify a 1-21 modification of an existing court order or portion of a decree that 1-22 provides for the appointment of a conservator or that sets the 1-23 terms and conditions of conservatorship for or access to a child. 1-24 (b) A person commits an offense if the person files a motion 1-25 to modify an order or portion of a decree under this section and 1-26 the person knows that the person against whom the motion is filed 1-27 has not been convicted of or received deferred adjudication for an 1-28 offense under Section 21.11, 22.011, or 22.021, Penal Code. An 1-29 offense under this subsection is a Class B misdemeanor. 1-30 SECTION 2. This Act takes effect September 1, 1995, and 1-31 applies to any order or portion of a decree appointing a managing 1-32 conservator, a possessory conservator, or a joint managing 1-33 conservator without regard to whether the order or decree was 1-34 entered before, on, or after the effective date of this Act. 1-35 SECTION 3. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended. 1-40 * * * * *