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