78(R) HB 2270 - Introduced version

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78R7639 MCK-D

By:  Raymond                                                      H.B. No. 2270



A BILL TO BE ENTITLED

AN ACT

relating to requiring parties in a suit affecting the parent-child 
relationship to disclose to the court knowledge of certain 
registered sex offenders; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 153, Family Code, is 
amended by adding Section 153.015 to read as follows:
	Sec. 153.015.  DISCLOSURE OF REGISTERED SEX OFFENDERS.  (a) 
In this section, "extended family" includes a person related to a 
person within the third degree of consanguinity or affinity, as 
determined under Chapter 573, Government Code.
	(b)  Before a court may render an order for the possession of 
or access to a child, each party who will be entitled to the 
possession of or access to the child must disclose to the court 
whether a member of the party's extended family is required to 
register as a sex offender under Chapter 62, Code of Criminal 
Procedure.
	(c)  If a registered sex offender in the extended family of a 
party is disclosed under Subsection (b), the court shall include 
any terms the court finds necessary to protect the child's health or 
welfare in the order for the possession of or access to the child.
	(d)  A person who knowingly fails to disclose to the court 
that a member of the person's extended family is required to 
register as a sex offender under Chapter 62, Code of Criminal 
Procedure, may be held in contempt of court and may be punished by 
confinement in jail for not more than six months or by a fine of not 
more than $500, or both.
	SECTION 2.  Subchapter B, Chapter 156, Family Code, is 
amended by adding Section 156.105 to read as follows:
	Sec. 156.105.  MODIFICATION FOR FAILURE TO DISCLOSE 
INFORMATION.  (a)  In this section, "extended family" has the 
meaning assigned by Section 153.015.
	(b)  It is a material and substantial change of circumstances 
sufficient to justify a modification of a court order or portion of 
a decree that provides for the appointment of a conservator or that 
sets the terms and conditions of conservatorship or for the 
possession of or access to a child if:
		(1)  a person entitled to the possession of or access to 
the child failed to disclose to the court under Section 153.015 at 
the time the order was rendered that a member of the person's 
extended family is required to register as a sex offender under 
Chapter 62, Code of Criminal Procedure; or
		(2)  after the date the order is rendered, a member of a 
party's extended family is required to register as a sex offender 
under Chapter 62, Code of Criminal Procedure.
	(c)  A person may not bring a suit for modification under 
Subsection (b)(1) if the person knowingly failed to disclose to the 
court under Section 153.015 that a member of the person's own 
extended family is required to register as a sex offender under 
Chapter 62, Code of Criminal Procedure.
	(d)  If the court finds that a person knowingly failed to 
disclose to the court under Section 153.015 at the time the order 
was rendered that a member of the person's extended family is 
required to register as a sex offender under Chapter 62, Code of 
Criminal Procedure, the court may order the person to pay the court 
costs and attorney's fees the other party incurred to bring the 
modification suit.
	SECTION 3.  (a)  In this section, "extended family" includes 
a person related to a person within the third degree of 
consanguinity or affinity, as determined under Chapter 573, 
Government Code.
	(b)  This section applies only to a court order for 
possession of or access to a child rendered before September 1, 
2003.
	(c)  It is a material and substantial change of circumstances 
sufficient to justify a modification of a court order or portion of 
a decree that provides for the appointment of a conservator or that 
sets the terms and conditions of conservatorship or for the 
possession of or access to a child if there was a registered sex 
offender in the extended family of a person entitled to the 
possession of or access to a child on the date the court rendered 
the order.
	(d)  A suit to modify an order for the possession of or access 
to a child under this section must be filed not later than February 
1, 2004.
	(e)  This section expires September 1, 2004.                            
	SECTION 4.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Except as provided by Subsection (c) of this section, 
Sections 153.015 and 156.105, Family Code, as added by this Act, 
apply to an order for the possession of or access to a child 
rendered on or after the effective date of this Act.  An order for 
the possession of or access to a child rendered before the effective 
date of this Act is governed by the law in effect on the date the 
order was rendered, and the former law is continued in effect for 
that purpose.
	(c)  A person may bring a suit to modify an order for 
possession of or access to a child rendered before the effective 
date of this Act under Section 156.105(b)(2), Family Code, as added 
by this Act.