By:  Van de Putte                                      S.B. No. 551
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possession of and access to certain children by
 1-3     parents who have engaged in sexual assault.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 153, Family Code, is
 1-6     amended by adding Section 153.0045 to read as follows:
 1-7           Sec. 153.0045.  CONSERVATORSHIP WHEN PREGNANCY RESULTS FROM
 1-8     CRIMINAL ACT.  In determining whether to appoint a party as a sole
 1-9     or joint managing conservator, the court may not appoint a parent
1-10     if the court finds by a preponderance of the evidence:
1-11                 (1)  that the parent has engaged in conduct that
1-12     constitutes an offense under Section 22.011 or 22.021, Penal Code;
1-13     and
1-14                 (2)  as a direct result of the conduct by the parent,
1-15     the other parent of the child became pregnant with the child.
1-16           SECTION 2.  Section 153.191, Family Code, is amended to read
1-17     as follows:
1-18           Sec. 153.191.  PRESUMPTION THAT PARENT TO BE APPOINTED
1-19     POSSESSORY CONSERVATOR.  (a)  The court shall appoint as a
1-20     possessory conservator a parent who is not appointed as a sole or
1-21     joint managing conservator unless it finds that the appointment is
1-22     not in the best interest of the child and that parental possession
1-23     or access would endanger the physical or emotional welfare of the
1-24     child.
1-25           (b)  It is a rebuttable presumption that the appointment of a
 2-1     parent as possessory conservator of a child is not in the best
 2-2     interest of the child if the court finds by a preponderance of the
 2-3     evidence:
 2-4                 (1)  that the parent has engaged in conduct that
 2-5     constitutes an offense under Section 22.011 or 22.021, Penal Code;
 2-6     and
 2-7                 (2)  as a direct result of the conduct by the parent,
 2-8     the other parent of the child became pregnant with the child.
 2-9           SECTION 3.  (a)  This Act takes effect September 1, 2001, and
2-10     applies only to a suit affecting the parent-child relationship
2-11     filed on or after that date.  A suit affecting the parent-child
2-12     relationship filed before the effective date of this Act is
2-13     governed by the law in effect on the date the suit was filed, and
2-14     the former law is continued in effect for that purpose.
2-15           (b)  The enactment of this Act does not by itself constitute
2-16     a material and substantial change of circumstances sufficient to
2-17     warrant modification of a court order or portion of a decree that
2-18     provides for the possession of or access to a child rendered before
2-19     the effective date of this Act.