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                                  * * * * *