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.