By Moncrief S.B. No. 140 77R1566 MCK-D 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 is not in the best interest of the 1-13 child if credible evidence is presented of a history or pattern of 1-14 past or present child neglect, or physical or sexual abuse by that 1-15 parent directed against the other parent, a spouse, or a child. 1-16 SECTION 2. (a) This Act takes effect September 1, 2001, and 1-17 applies only to an order in a suit affecting the parent-child 1-18 relationship rendered on or after that date, without regard to 1-19 whether the suit was filed before, on, or after that date. 1-20 (b) The enactment of this Act does not by itself constitute 1-21 a material and substantial change of circumstances sufficient to 1-22 warrant modification of a court order or portion of a decree that 1-23 provides for the possession of or access to a child rendered before 1-24 the effective date of this Act.