By:  Dutton, et al. (Senate Sponsor - West)                       H.B. No. 2099
	(In the Senate - Received from the House April 28, 2003; 
May 1, 2003, read first time and referred to Committee on Health 
and Human Services; May 22, 2003, reported favorably by the 
following vote:  Yeas 9, Nays 0; May 22, 2003, sent to printer.)


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 Chapter 85, 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.



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