1-1 AN ACT 1-2 relating to a determination of conservatorship of, or rights to 1-3 possession of or access to, a child by a person who has a history 1-4 of abuse or neglect. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 153.004, Family Code, is amended by 1-7 amending Subsection (b) and adding Subsection (e) to read as 1-8 follows: 1-9 (b) The court may not appoint joint managing conservators if 1-10 credible evidence is presented of a history or pattern of past or 1-11 present child neglect, or physical or sexual abuse by one parent 1-12 directed against the other parent, a spouse, or a child, including 1-13 a sexual assault in violation of Section 22.011 or 22.021, Penal 1-14 Code, that results in the other parent becoming pregnant with the 1-15 child. A history of sexual abuse includes a sexual assault that 1-16 results in the other parent becoming pregnant with the child, 1-17 regardless of the prior relationship of the parents. It is a 1-18 rebuttable presumption that the appointment of a parent as the sole 1-19 managing conservator of a child or as the conservator who has the 1-20 exclusive right to determine the primary residence of a child is 1-21 not in the best interest of the child if credible evidence is 1-22 presented of a history or pattern of past or present child neglect, 1-23 or physical or sexual abuse by that parent directed against the 1-24 other parent, a spouse, or a child. 1-25 (e) It is a rebuttable presumption that it is not in the 2-1 best interest of a child for a parent to have unsupervised 2-2 visitation with the child if credible evidence is presented of a 2-3 history or pattern of past or present child neglect or physical or 2-4 sexual abuse by that parent directed against the other parent, a 2-5 spouse, or a child. 2-6 SECTION 2. (a) This Act takes effect September 1, 2001, and 2-7 applies only to an order in a suit affecting the parent-child 2-8 relationship rendered on or after that date, without regard to 2-9 whether the suit was filed before, on, or after that date. 2-10 (b) The enactment of this Act does not by itself constitute 2-11 a material and substantial change of circumstances sufficient to 2-12 warrant modification of a court order or portion of a decree that 2-13 provides for the possession of or access to a child rendered before 2-14 the effective date of this Act. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 140 passed the Senate on February 15, 2001, by a viva-voce vote; and that the Senate concurred in House amendments on May 17, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 140 passed the House, with amendments, on May 10, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor