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.
 1-5           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.