By Talton                                              H.B. No. 414
         76R1016 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to limiting possession of and access to a child by certain
 1-3     parents.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 153, Family Code, is
 1-6     amended by adding Section 153.0045 to read as follows:
 1-7           Sec. 153.0045.  LIMITATION ON APPOINTMENT OF CERTAIN PARENTS
 1-8     AS CONSERVATOR.  (a) A child's parent who has been convicted of an
 1-9     offense under Section 19.02(c), Penal Code, the victim of which was
1-10     the other parent of the child, may not be appointed by the court as
1-11     sole or joint managing conservator.
1-12           (b)  A parent who may not be appointed as sole or joint
1-13     managing conservator of a child under Subsection (a) may not be
1-14     appointed by the court as possessory conservator unless:
1-15                 (1)  the child is 12 years of age or older; and
1-16                 (2)  the child files written consent to the appointment
1-17     with the court.
1-18           SECTION 2.  Section 153.131(a), Family Code, is amended to
1-19     read as follows:
1-20           (a)  Subject to the prohibitions [prohibition] in Sections
1-21     [Section] 153.004 and 153.0045, unless the court finds that
1-22     appointment of the parent or parents would not be in the best
1-23     interest of the child because the appointment would significantly
1-24     impair the child's physical health or emotional development, a
 2-1     parent shall be appointed sole managing conservator or both parents
 2-2     shall be appointed as joint managing conservators of the child.
 2-3           SECTION 3.  Subchapter G, Chapter 153, Family Code, is
 2-4     amended by adding Section 153.3725 to read as follows:
 2-5           Sec. 153.3725.  LIMITATION ON ACCESS TO CHILD WITHOUT CONSENT
 2-6     OF  NONPARENT MANAGING CONSERVATOR.  (a)  Except as provided by
 2-7     Subsection (b), if the parent of a child has been  convicted of an
 2-8     offense under Section 19.02(c), Penal Code, the victim of which was
 2-9     the other parent of the child, the court shall order that a person
2-10     may not allow the convicted parent to have access to the child
2-11     unless the person allowing the access has obtained the consent of a
2-12     nonparent  managing conservator.
2-13           (b)  Subsection (a) does not apply to a child for whom the
2-14     court has appointed the child's convicted parent as possessory
2-15     conservator under Section 153.0045.
2-16           (c)  A court order under Subsection (a) is enforceable by
2-17     contempt as to any person who knowingly violates the terms of the
2-18     order.
2-19           SECTION 4.  This Act takes effect September 1, 1999, and
2-20     applies only to an order of a court  or a modification of an order
2-21     of a court that sets the terms and conditions for possession of or
2-22     access to a child that is rendered on or after that date.  An order
2-23     of a court or a modification of an order of a court that sets the
2-24     terms and conditions for possession of or access to a child that is
2-25     rendered before the effective date of this Act is governed by the
2-26     law in effect on the date the order or modification was rendered,
2-27     and the former law is continued in effect for that purpose.
 3-1           SECTION 5.  The importance of this legislation and the
 3-2     crowded condition of the calendars in both houses create an
 3-3     emergency and an imperative public necessity that the
 3-4     constitutional rule requiring bills to be read on three several
 3-5     days in each house be suspended, and this rule is hereby suspended.