76R10197 CMR-D                           
         By Naishtat                                           H.B. No. 1411
         Substitute the following for H.B. No. 1411:
         By Isett                                          C.S.H.B. No. 1411
                                A BILL TO BE ENTITLED
 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     amending Subsection (c) and adding Subsection (d) to read as
1-22     follows:
1-23           (c)  The court may not appoint as sole managing conservator
1-24     of a child a parent for whom credible evidence is presented of a
 2-1     history or pattern of committing family violence during the two
 2-2     years preceding the date of the filing of the suit or during the
 2-3     pendency of the suit, unless the court finds that:
 2-4                 (1)  the person:
 2-5                       (A)  has successfully completed a battering
 2-6     intervention and prevention program as provided by Article 42.141,
 2-7     Code of Criminal Procedure, or, if such a program is not available,
 2-8     has successfully completed a course of treatment under Section
 2-9     153.010; and
2-10                       (B)  is not abusing alcohol or a controlled
2-11     substance as defined by Chapter 481, Health and Safety Code; and
2-12                 (2)  appointment of the other parent as sole managing
2-13     conservator of the child would endanger the child's physical health
2-14     or emotional welfare and not be in the best interest of the child
2-15     [shall consider the commission of family violence in determining
2-16     whether to deny, restrict, or limit the possession of a child by a
2-17     parent who is appointed as a possessory conservator].
2-18           (d)  The court may not allow a parent to have access to a
2-19     child for whom credible evidence is presented of a history or
2-20     pattern of committing family violence during the two years
2-21     preceding the date of the filing of the suit or during the pendency
2-22     of the suit, unless the court:
2-23                 (1)  finds that awarding the parent access to the child
2-24     would not endanger the child's physical health or emotional welfare
2-25     and would be in the best interest of the child; and
2-26                 (2)  renders a possession order that is designed to
2-27     protect the safety and well-being of the child and any other person
 3-1     who has been a  victim of family violence committed by the parent
 3-2     and that may include a requirement that:
 3-3                       (A)  the periods of access be continuously
 3-4     supervised by an entity or person chosen by the court;
 3-5                       (B)  the exchange of possession of the child
 3-6     occur in a protective setting;
 3-7                       (C)  the parent abstain from the possession or
 3-8     consumption of alcohol or a controlled substance, as defined by
 3-9     Chapter 481, Health and Safety Code, before or during the period of
3-10     access to the child; or
3-11                       (D)  the parent attend and complete a battering
3-12     intervention and prevention program as provided by Article 42.141,
3-13     Code of Criminal Procedure, or, if such a program is not available,
3-14     complete a course of treatment under Section 153.010.
3-15           SECTION 4.  (a)  This Act takes effect September 1, 1999, and
3-16     applies to a suit affecting the parent-child relationship filed on
3-17     or after that date.  A suit filed before the effective date of this
3-18     Act is governed by the law in effect on the date the suit was
3-19     filed, and the former law is continued in effect for that purpose.
3-20           (b)  The enactment of this Act does not by itself constitute
3-21     a material and substantial change of circumstances sufficient to
3-22     warrant modification of a court order or portion of a decree that
3-23     provides for the possession of or access to a child rendered before
3-24     the effective date of this Act.
3-25           SECTION 5.  The importance of this legislation and the
3-26     crowded condition of the calendars in both houses create an
3-27     emergency and an imperative public necessity that the
 4-1     constitutional rule requiring bills to be read on three several
 4-2     days in each house be suspended, and this rule is hereby suspended.