1-1 By: Moncrief, Bernsen S.B. No. 140 1-2 (In the Senate - Filed December 4, 2000; January 11, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 January 31, 2001, reported favorably by the following vote: Yeas 1-5 6, Nays 0; January 31, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the appointment of a person who has a history of abuse 1-9 or neglect as a sole managing conservator. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (b), Section 153.004, Family Code, is 1-12 amended to read as follows: 1-13 (b) The court may not appoint joint managing conservators if 1-14 credible evidence is presented of a history or pattern of past or 1-15 present child neglect, or physical or sexual abuse by one parent 1-16 directed against the other parent, a spouse, or a child. It is a 1-17 rebuttable presumption that the appointment of a parent as the sole 1-18 managing conservator of a child is not in the best interest of the 1-19 child if credible evidence is presented of a history or pattern of 1-20 past or present child neglect, or physical or sexual abuse by that 1-21 parent directed against the other parent, a spouse, or a child. 1-22 SECTION 2. (a) This Act takes effect September 1, 2001, and 1-23 applies only to an order in a suit affecting the parent-child 1-24 relationship rendered on or after that date, without regard to 1-25 whether the suit was filed before, on, or after that date. 1-26 (b) The enactment of this Act does not by itself constitute 1-27 a material and substantial change of circumstances sufficient to 1-28 warrant modification of a court order or portion of a decree that 1-29 provides for the possession of or access to a child rendered before 1-30 the effective date of this Act. 1-31 * * * * *