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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedural measures in a suit affecting a |
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parent-child relationship to protect a child against child neglect |
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or physical or sexual abuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 153.004(e) and (f), Family Code, are |
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amended to read as follows: |
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(e) It is a rebuttable presumption that it is not in the best |
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interest of a child for a parent to have unsupervised visitation |
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with the child if credible evidence is presented of a history or |
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pattern of past or present child neglect or physical or sexual abuse |
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by: |
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(1) that parent directed against the other parent, a |
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spouse, or a child; or |
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(2) any person who resides in that parent's household |
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or who by virtue of the person's relationship with that parent is |
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otherwise likely to have unsupervised access to the child during |
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that parent's periods of possession of or access to the child, |
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directed against any person. |
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(f) In determining under this section whether there is |
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credible evidence of a history or pattern of past or present child |
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neglect or physical or sexual abuse by a parent or other person, as |
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applicable [directed against the other parent, a spouse, or a
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child], the court shall consider whether a protective order was |
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rendered under Chapter 85, Title 4, against the parent or other |
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person during the two-year period preceding the filing of the suit |
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or during the pendency of the suit. |
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SECTION 2. Section 153.0071(e-1), Family Code, is amended |
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to read as follows: |
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(e-1) Notwithstanding Subsections (d) and (e), a court may |
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decline to enter a judgment on a mediated settlement agreement if |
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the court finds: |
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(1) that: |
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(A) [(1)] a party to the agreement was a victim |
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of family violence, and that circumstance impaired the party's |
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ability to make decisions; or |
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(B) the agreement would permit a person who is |
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subject to registration under Chapter 62, Code of Criminal |
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Procedure, or who otherwise has a history or pattern of past or |
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present physical or sexual abuse directed against any person to: |
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(i) reside in the same household as the |
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child; or |
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(ii) otherwise have unsupervised access to |
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the child; and |
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(2) that the agreement is not in the child's best |
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interest. |
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SECTION 3. 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 4. 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 5. This Act takes effect September 1, 2015. |
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