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