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