84R3019 EES-D

By: Raymond H.B. No. 386

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 153.016 to read as follows:

Sec. 153.016. DISCLOSURE OF REGISTERED SEX OFFENDERS. (a) In this section, "extended family" includes a person related to a person within the third degree by 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 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 in the order for the possession of or access to the child any terms the court finds necessary to protect the child's health or welfare.

(d) A person who knowingly fails to disclose to the court under Subsection (b) 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.

(e) It is an affirmative defense to an allegation of contempt of court under Subsection (d) that the person:

(1) has not had contact with a member of the person's extended family who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, for one or more years; or

(2) had no knowledge that a member of the person's extended family is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.

SECTION 2. Subchapter B, Chapter 156, Family Code, is amended by adding Section 156.106 to read as follows:

Sec. 156.106. MODIFICATION BASED ON SEX OFFENDER REGISTRATION INFORMATION OR STATUS. (a) In this section, "extended family" has the meaning assigned by Section 153.016.

(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 before the order was rendered to disclose to the court under Section 153.016 that a member of the person's extended family is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;

(2) on the date the court rendered the order, there was a registered sex offender in the extended family of a person entitled to the possession of or access to a child and there is:

(A) a reasonable probability of interaction between the registered sex offender and the child; or

(B) a previous pattern of interaction between the registered sex offender and the child; or

(3) 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 153.016 that a member of the person's 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 153.016 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 by 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, 2015.

(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, on the date the court rendered the order, there was a registered sex offender in the extended family of a person entitled to the possession of or access to a child and there is:

(1) a reasonable probability of interaction between the registered sex offender and the child; or

(2) a previous pattern of interaction between the registered sex offender and the child.

(d) A suit to modify an order for the possession of or access to a child brought under this section must be filed not later than February 1, 2016.

(e) This section expires September 1, 2016.

SECTION 4. (a) Section 153.016, Family Code, as added by this Act, applies to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or filed on or after that date.

(b) A person may bring a suit to modify an order for the possession of or access to a child under Section 156.106(b)(1), Family Code, as added by this Act, only if the order was rendered on or after the effective date of this Act.

(c) A person may bring a suit under Section 156.106(b)(2), Family Code, as added by this Act, to modify an order for possession of or access to a child regardless of whether the order was rendered before, on, or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2015.