AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law imposes a duty on each parent to notify the other if someone he or she will reside with or marry is charged with a sexual offense. This is an important requirement aimed at protecting children.
The same standard should apply for parents who commit child abuse or family violence. A parent should be made aware if the other parent is living with or marrying someone who has a family violence protective order entered against him or her or if criminal charges are filed. This change would give the parent a chance to ensure that appropriate safeguards are in place to protect the child.
As proposed, S.B. 818 amends current law relating to the requirement that a parent appointed as a conservator of a child disclose certain information regarding family violence.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 153.076(b), Family Code, as follows:
(b) Requires the court to order that each conservator of a child has the duty to inform the other conservator of the child if the conservator resides with for at least 30 days, marries, or intends to marry a person who the conservator knows:
(1) is registered as a sex offender under Chapter 62 (Sex Offender Registration Program), Code of Criminal Procedure;
(2) is currently charged with an offense for which on conviction the person would be required to register under Chapter 62, Code of Criminal Procedure, rather than register under that chapter;
(3) is the subject of a protective order rendered under Chapter 85 (Issuance of Protective Order) or a similar law of another state in which the person was found to have committed family violence; or
(4) is currently charged with an offense involving family violence for which a protective order may be rendered under Chapter 85 or a similar law of another state.
SECTION 2. (a) Makes application of this Act, except as provided by Subsection (b) of this section, prospective.
(b) Authorizes a person to bring a suit to modify a court order rendered before September 1, 2015, under Section 153.076(b), Family Code, as amended by this Act.
SECTION 3. Effective date: September 1, 2015.