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.