1-1 AN ACT
1-2 relating to certain findings concerning an allegation of child
1-3 abuse or neglect in a suit affecting the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 105.006, Family Code, is amended by
1-6 adding Subsection (f) to read as follows:
1-7 (f) The court may include in a final order in a suit in
1-8 which a party to the suit makes an allegation of child abuse or
1-9 neglect a finding on whether the party who made the allegation knew
1-10 that the allegation was false. This finding shall not constitute
1-11 collateral estoppel for any criminal proceeding. The court may
1-12 impose on a party found to have made a false allegation of child
1-13 abuse or neglect any civil sanction permitted under law, including
1-14 attorney's fees, costs of experts, and any other costs.
1-15 SECTION 2. Section 153.013, Family Code, is amended by
1-16 adding Subsection (c) to read as follows:
1-17 (c) If the court makes a finding under Subsection (a), the
1-18 court shall impose a civil penalty not to exceed $500.
1-19 SECTION 3. This Act takes effect September 1, 1997, and
1-20 applies only to a suit affecting the parent-child relationship
1-21 filed on or after that date. A suit affecting the parent-child
1-22 relationship filed before the effective date of this Act is
1-23 governed by the law in effect on the date the suit was filed, and
1-24 the former law is continued in effect for that purpose.
2-1 SECTION 4. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2615 was passed by the House on May
10, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 2615 on May 25, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2615 was passed by the Senate, with
amendments, on May 23, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor