1-1 By: Van de Putte S.B. No. 551 1-2 (In the Senate - Filed February 6, 2001; February 7, 2001, 1-3 read first time and referred to Committee on Jurisprudence; 1-4 March 13, 2001, reported favorably by the following vote: Yeas 7, 1-5 Nays 0; March 13, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the possession of and access to certain children by 1-9 parents who have engaged in sexual assault. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter A, Chapter 153, Family Code, is 1-12 amended by adding Section 153.0045 to read as follows: 1-13 Sec. 153.0045. CONSERVATORSHIP WHEN PREGNANCY RESULTS FROM 1-14 CRIMINAL ACT. In determining whether to appoint a party as a sole 1-15 or joint managing conservator, the court may not appoint a parent 1-16 if the court finds by a preponderance of the evidence: 1-17 (1) that the parent has engaged in conduct that 1-18 constitutes an offense under Section 22.011 or 22.021, Penal Code; 1-19 and 1-20 (2) as a direct result of the conduct by the parent, 1-21 the other parent of the child became pregnant with the child. 1-22 SECTION 2. Section 153.191, Family Code, is amended to read 1-23 as follows: 1-24 Sec. 153.191. PRESUMPTION THAT PARENT TO BE APPOINTED 1-25 POSSESSORY CONSERVATOR. (a) The court shall appoint as a 1-26 possessory conservator a parent who is not appointed as a sole or 1-27 joint managing conservator unless it finds that the appointment is 1-28 not in the best interest of the child and that parental possession 1-29 or access would endanger the physical or emotional welfare of the 1-30 child. 1-31 (b) It is a rebuttable presumption that the appointment of a 1-32 parent as possessory conservator of a child is not in the best 1-33 interest of the child if the court finds by a preponderance of the 1-34 evidence: 1-35 (1) that the parent has engaged in conduct that 1-36 constitutes an offense under Section 22.011 or 22.021, Penal Code; 1-37 and 1-38 (2) as a direct result of the conduct by the parent, 1-39 the other parent of the child became pregnant with the child. 1-40 SECTION 3. (a) This Act takes effect September 1, 2001, and 1-41 applies only to a suit affecting the parent-child relationship 1-42 filed on or after that date. A suit affecting the parent-child 1-43 relationship filed before the effective date of this Act is 1-44 governed by the law in effect on the date the suit was filed, and 1-45 the former law is continued in effect for that purpose. 1-46 (b) The enactment of this Act does not by itself constitute 1-47 a material and substantial change of circumstances sufficient to 1-48 warrant modification of a court order or portion of a decree that 1-49 provides for the possession of or access to a child rendered before 1-50 the effective date of this Act. 1-51 * * * * *