By Naishtat                                           H.B. No. 1411
         76R4033 CMR-D                           
                                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 unless the court
 2-2     finds that:
 2-3                 (1)  the person:
 2-4                       (A)  has successfully completed a battering
 2-5     intervention and prevention program as provided by Article 42.141,
 2-6     Code of Criminal Procedure, or, if such a program is not available,
 2-7     has successfully completed a course of treatment under Section
 2-8     153.010; and
 2-9                       (B)  is not abusing alcohol or a controlled
2-10     substance as defined by Chapter 481, Health and Safety Code; and
2-11                 (2)  appointment of the other parent as sole managing
2-12     conservator of the child would endanger the child's physical health
2-13     or emotional welfare [shall consider the commission of family
2-14     violence in determining whether to deny, restrict, or limit the
2-15     possession of a child by a parent who is appointed as a possessory
2-16     conservator].
2-17           (d)  The court may not appoint as possessory conservator of a
2-18     child a parent for whom credible evidence is presented of a history
2-19     or pattern of committing family violence unless the court:
2-20                 (1)  finds that awarding possession to the parent would
2-21     not endanger the child's physical health or emotional welfare; and
2-22                 (2)  renders a possession order that is designed to
2-23     protect the safety and well-being of the child and any other person
2-24     who has been a  victim of family violence committed by the parent
2-25     and that may include a requirement that:
2-26                       (A)  the periods of possession be continuously
2-27     supervised by an entity or person chosen by the court;
 3-1                       (B)  the exchange of possession of the child
 3-2     occur in a protective setting;
 3-3                       (C)  the parent abstain from the possession or
 3-4     consumption of alcohol or a controlled substance, as defined by
 3-5     Chapter 481, Health and Safety Code, before or during the period of
 3-6     possession of the child; or
 3-7                       (D)  the parent attend and complete a battering
 3-8     intervention and prevention program as provided by Article 42.141,
 3-9     Code of Criminal Procedure, or, if such a program is not available,
3-10     complete a course of treatment under Section 153.010.
3-11           SECTION 4.  (a)  This Act takes effect September 1, 1999, and
3-12     applies to a suit affecting the parent-child relationship without
3-13     regard to whether the suit was commenced before, on, or after that
3-14     date.
3-15           (b)  The enactment of this Act does not by itself constitute
3-16     a material and substantial change of circumstances sufficient to
3-17     warrant modification of a court order or portion of a decree that
3-18     provides for the possession of or access to a child rendered before
3-19     the effective date of this Act.
3-20           SECTION 5.  The importance of this legislation and the
3-21     crowded condition of the calendars in both houses create an
3-22     emergency and an imperative public necessity that the
3-23     constitutional rule requiring bills to be read on three several
3-24     days in each house be suspended, and this rule is hereby suspended.