78R8201 KSD-D
By: Dutton H.B. No. 2099
A BILL TO BE ENTITLED
AN ACT
relating to the determination of the conservatorship of, and the
right of possession of or access to, a child by a person who has a
history of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.004, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or physical or sexual abuse by a parent directed against the
other parent, a spouse, or a child, the court shall consider whether
a protective order was rendered under Title 4 against the parent
during the two-year period preceding the filing of the suit or
during the pendency of the suit.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to an order in a suit affecting the parent-child
relationship rendered on or after that date, without regard to
whether the suit was filed before, on, or after that date.
SECTION 3. The enactment of this Act does not by itself
constitute a material and substantial change of circumstances
sufficient to warrant modification of a court order or portion of a
decree that provides for the possession of or access to a child
rendered before the effective date of this Act.