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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration by the court of sexual abuse and conduct |
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that constitutes sexual assault in certain suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 153.004, Family Code, is |
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amended to read as follows: |
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Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE. |
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SECTION 2. Section 153.004, Family Code, is amended by |
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amending Subsections (a), (c), and (d) and adding Subsection (d-1) |
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to read as follows: |
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(a) In determining whether to appoint a party as a sole or |
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joint managing conservator, the court shall consider evidence of |
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the intentional use of abusive physical force, or evidence of |
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sexual abuse, by a party directed against the party's spouse, a |
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parent of the child, or any person younger than 18 years of age |
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committed within a two-year period preceding the filing of the suit |
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or during the pendency of the suit. |
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(c) The court shall consider the commission of family |
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violence or sexual abuse in determining whether to deny, restrict, |
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or limit the possession of a child by a parent who is appointed as a |
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possessory conservator. |
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(d) The court may not allow a parent to have access to a |
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child for whom it is shown by a preponderance of the evidence that: |
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(1) there is a history or pattern of committing family |
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violence during the two years preceding the date of the filing of |
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the suit or during the pendency of the suit; or |
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(2) the parent engaged in conduct that constitutes an |
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offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, |
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and that as a direct result of the conduct, the victim of the |
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conduct became pregnant with the parent's child. |
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(d-1) Notwithstanding Subsection (d), the court may allow a |
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parent to have access to a child if[, unless] the court: |
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(1) finds that awarding the parent access to the child |
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would not endanger the child's physical health or emotional welfare |
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and would be in the best interest of the child; and |
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(2) renders a possession order that is designed to |
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protect the safety and well-being of the child and any other person |
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who has been a victim of family violence committed by the parent and |
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that may include a requirement that: |
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(A) the periods of access be continuously |
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supervised by an entity or person chosen by the court; |
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(B) the exchange of possession of the child occur |
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in a protective setting; |
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(C) the parent abstain from the consumption of |
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alcohol or a controlled substance, as defined by Chapter 481, |
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Health and Safety Code, within 12 hours prior to or during the |
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period of access to the child; or |
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(D) the parent attend and complete a battering |
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intervention and prevention program as provided by Article 42.141, |
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Code of Criminal Procedure, or, if such a program is not available, |
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complete a course of treatment under Section 153.010. |
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SECTION 3. Section 154.001(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) The court may order each person who is financially |
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able and whose parental rights have been terminated with respect to |
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either a child in substitute care for whom the department has been |
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appointed managing conservator or a child who was conceived as a |
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direct result of conduct that constitutes an offense under Section |
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21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in |
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the manner specified by the order: |
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(1) until the earliest of: |
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(A) the child's adoption; |
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(B) the child's 18th birthday or graduation |
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from high school, whichever occurs later; |
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(C) removal of the child's disabilities of |
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minority by court order, marriage, or other operation of law; or |
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(D) the child's death; or |
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(2) if the child is disabled as defined in this |
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chapter, for an indefinite period. |
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SECTION 4. Section 161.007, Family Code, is amended to read |
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as follows: |
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Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM |
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CRIMINAL ACT. The court shall [may] order the termination of the |
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parent-child relationship of a parent and a child if the court finds |
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by clear and convincing evidence that: |
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(1) the parent has engaged in conduct that constitutes |
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[been convicted of] an offense [committed] under Section 21.02, |
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22.011, 22.021, or 25.02, Penal Code; |
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(2) as a direct result of the conduct described by |
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Subdivision (1) [commission of the offense by the parent], the |
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victim of the conduct [offense] became pregnant with the parent's |
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child; and |
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(3) termination is in the best interest of the child. |
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SECTION 5. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship pending in a trial |
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court on the effective date of this Act or filed on or after that |
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date. A suit affecting the parent-child relationship in which a |
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final order is rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. The enactment of this Act constitutes a material |
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and substantial change of circumstances sufficient to warrant |
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modification of a court order or portion of a decree that provides |
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for the possession of or access to a child rendered before the |
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effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2013. |