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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring parties in a suit affecting the parent-child |
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relationship to disclose to the court knowledge of certain |
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registered sex offenders; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.015 to read as follows: |
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Sec. 153.015. DISCLOSURE OF REGISTERED SEX OFFENDERS. (a) |
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In this section, "extended family" includes a person related to a |
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person within the third degree of consanguinity or affinity, as |
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determined under Chapter 573, Government Code. |
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(b) Before a court may render an order for the possession of |
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or access to a child, each party who will be entitled to possession |
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of or access to the child must disclose to the court whether a |
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member of the party's extended family is required to register as a |
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sex offender under Chapter 62, Code of Criminal Procedure. |
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(c) If a registered sex offender in the extended family of a |
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party is disclosed under Subsection (b), the court shall include in |
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the order for the possession of or access to the child any terms the |
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court finds necessary to protect the child's health or welfare. |
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(d) A person who knowingly fails to disclose to the court |
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under Subsection (b) that a member of the person's extended family |
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is required to register as a sex offender under Chapter 62, Code of |
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Criminal Procedure, may be held in contempt of court and may be |
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punished by confinement in jail for not more than six months or by a |
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fine of not more than $500, or both. |
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SECTION 2. Subchapter B, Chapter 156, Family Code, is |
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amended by adding Section 156.106 to read as follows: |
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Sec. 156.106. MODIFICATION FOR FAILURE TO DISCLOSE |
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INFORMATION. (a) In this section, "extended family" has the |
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meaning assigned by Section 153.015. |
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(b) It is a material and substantial change of circumstances |
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sufficient to justify a modification of a court order or portion of |
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a decree that provides for the appointment of a conservator or that |
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sets the terms and conditions of conservatorship or for the |
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possession of or access to a child if: |
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(1) a person entitled to the possession of or access to |
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the child failed before the order was rendered to disclose to the |
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court under Section 153.015 that a member of the person's extended |
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family is required to register as a sex offender under Chapter 62, |
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Code of Criminal Procedure; or |
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(2) after the date the order is rendered, a member of a |
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party's extended family is required to register as a sex offender |
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under Chapter 62, Code of Criminal Procedure. |
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(c) A person may not bring a suit for modification under |
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Subsection (b)(1) if the person knowingly failed to disclose to the |
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court under Section 153.015 that a member of the person's extended |
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family is required to register as a sex offender under Chapter 62, |
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Code of Criminal Procedure. |
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(d) If the court finds that a person knowingly failed to |
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disclose to the court under Section 153.015 that a member of the |
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person's extended family is required to register as a sex offender |
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under Chapter 62, Code of Criminal Procedure, the court may order |
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the person to pay the court costs and attorney's fees the other |
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party incurred to bring the modification suit. |
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SECTION 3. (a) In this section, "extended family" includes |
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a person related to a person within the third degree of |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code. |
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(b) This section applies only to a court order for |
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possession of or access to a child rendered before September 1, |
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2007. |
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(c) It is a material and substantial change of circumstances |
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sufficient to justify a modification of a court order or portion of |
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a decree that provides for the appointment of a conservator or that |
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sets the terms and conditions of conservatorship or for the |
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possession of or access to a child if, on the date the court |
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rendered the order, there was a registered sex offender in the |
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extended family of a person entitled to the possession of or access |
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to a child. |
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(d) A suit to modify an order for the possession of or access |
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to a child brought under this section must be filed not later than |
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February 1, 2008. |
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(e) This section expires September 1, 2008. |
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SECTION 4. (a) Section 153.015, Family Code, as added by |
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this Act, applies to a suit affecting the parent-child relationship |
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that is pending in a trial court on the effective date of this Act or |
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filed on or after that date. |
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(b) A person may bring a suit to modify an order for the |
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possession of or access to a child under Section 156.106(b)(1), |
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Family Code, as added by this Act, only if the order was rendered on |
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or after the effective date of this Act. |
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(c) A person may bring a suit under Section 156.106(b)(2), |
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Family Code, as added by this Act, to modify an order for possession |
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of or access to a child regardless of whether the order was rendered |
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before, on, or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2007. |