By Mowery                                             H.B. No. 2615

         75R5488 JMM-D                           

                                A BILL TO BE ENTITLED

 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 shall 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 or lacked factual foundation.  The

1-11     court may impose on a party found to have made a false allegation

1-12     of child abuse or neglect any sanction permitted under law.

1-13           SECTION 2.  This Act takes effect September 1, 1997, and

1-14     applies only to a suit affecting the parent-child relationship

1-15     filed on or after that date.  A suit affecting the parent-child

1-16     relationship filed before the effective date of this Act is

1-17     governed by the law in effect on the date the suit was filed, and

1-18     the former law is continued in effect for that purpose.

1-19           SECTION 3.  The importance of this legislation and the

1-20     crowded condition of the calendars in both houses create an

1-21     emergency and an imperative public necessity that the

1-22     constitutional rule requiring bills to be read on three several

1-23     days in each house be suspended, and this rule is hereby suspended.

1-24                          COMMITTEE AMENDMENT NO. 1

 2-1           Amend H.B. 2615 to read as follows:

 2-2           (1)  On page 1, line 7, strike "shall" and substitute "may".

 2-3           (2)  On page 1, line 13, add new SECTION as follows:

 2-4     Section 153.013, Family Code, is amended by adding a new Subsection

 2-5     (c) to read as follows:

 2-6     (c)  If the court makes a finding under Subsection (a), the court

 2-7     shall impose a civil penalty not to exceed $500.00.

 2-8           (3)  On page 1, line 13, strike "2" and substitute "3".

 2-9           (4)  On page 1, line 19, strike "3" and substitute "4".

2-10                                                                 Goodman