77R7292 MCK-D By Moncrief, et al. S.B. No. 140 Substitute the following for S.B. No. 140: By Goodman C.S.S.B. No. 140 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the appointment of a person who has a history of abuse 1-3 or neglect as a sole managing conservator. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 153.004(b), Family Code, is amended to 1-6 read as follows: 1-7 (b) The court may not appoint joint managing conservators if 1-8 credible evidence is presented of a history or pattern of past or 1-9 present child neglect, or physical or sexual abuse by one parent 1-10 directed against the other parent, a spouse, or a child. It is a 1-11 rebuttable presumption that the appointment of a parent as the sole 1-12 managing conservator of a child or as the conservator who has the 1-13 exclusive right to determine the primary residence of a child is 1-14 not in the best interest of the child if credible evidence is 1-15 presented of a history or pattern of past or present child neglect, 1-16 or physical or sexual abuse by that parent directed against the 1-17 other parent, a spouse, or a child. 1-18 SECTION 2. (a) This Act takes effect September 1, 2001, and 1-19 applies only to an order in a suit affecting the parent-child 1-20 relationship rendered on or after that date, without regard to 1-21 whether the suit was filed before, on, or after that date. 1-22 (b) The enactment of this Act does not by itself constitute 1-23 a material and substantial change of circumstances sufficient to 1-24 warrant modification of a court order or portion of a decree that 2-1 provides for the possession of or access to a child rendered before 2-2 the effective date of this Act.