1-1                                   AN ACT
 1-2     relating to the conservatorship of and access to certain children
 1-3     by parents having a history of family violence.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 101, Family Code, is amended by adding
 1-6     Section 101.0125 to read as follows:
 1-7           Sec. 101.0125.  FAMILY VIOLENCE.  "Family violence" has the
 1-8     meaning assigned by Section 71.004.
 1-9           SECTION 2.  Section 153.001(a), Family Code, is amended to
1-10     read as follows:
1-11           (a)  The public policy of this state is to:
1-12                 (1)  assure that children will have frequent and
1-13     continuing contact with parents who have shown the ability to act
1-14     in the best interest of the child;
1-15                 (2)  provide a safe, stable, and nonviolent environment
1-16     for the child; and
1-17                 (3)  encourage parents to share in the rights and
1-18     duties of raising their child after the parents have separated or
1-19     dissolved their marriage.
1-20           SECTION 3.  Section 153.004, Family Code, is amended by
1-21     adding Subsection (d) to read as follows:
1-22           (d)  The court may not allow a parent to have access to a
1-23     child for whom it is shown by a preponderance of the evidence that
1-24     there is a history or pattern of committing family violence during
 2-1     the two years preceding the date of the filing of the suit or
 2-2     during the pendency of the suit, unless the court:
 2-3                 (1)  finds that awarding the parent access to the child
 2-4     would not endanger the child's physical health or emotional welfare
 2-5     and would be in the best interest of the child; and
 2-6                 (2)  renders a possession order that is designed to
 2-7     protect the safety and well-being of the child and any other person
 2-8     who has been a  victim of family violence committed by the parent
 2-9     and that may include a requirement that:
2-10                       (A)  the periods of access be continuously
2-11     supervised by an entity or person chosen by the court;
2-12                       (B)  the exchange of possession of the child
2-13     occur in a protective setting;
2-14                       (C)  the parent abstain from the consumption of
2-15     alcohol or a controlled substance, as defined by Chapter 481,
2-16     Health and Safety Code, within 12 hours prior to or during the
2-17     period of access to the child; or
2-18                       (D)  the parent attend and complete a battering
2-19     intervention and prevention program as provided by Article 42.141,
2-20     Code of Criminal Procedure, or, if such a program is not available,
2-21     complete a course of treatment under Section 153.010.
2-22           SECTION 4.  (a)  This Act takes effect September 1, 1999, and
2-23     applies to a suit affecting the parent-child relationship filed on
2-24     or after that date.  A suit filed before the effective date of this
2-25     Act is governed by the law in effect on the date the suit was
2-26     filed, and the former law is continued in effect for that purpose.
2-27           (b)  The enactment of this Act does not by itself constitute
 3-1     a material and substantial change of circumstances sufficient to
 3-2     warrant modification of a court order or portion of a decree that
 3-3     provides for the possession of or access to a child rendered before
 3-4     the effective date of this Act.
 3-5           SECTION 5.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     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. 1411 was passed by the House on April
         15, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1411 on May 17, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1411 was passed by the Senate, with
         amendments, on May 13, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor