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A BILL TO BE ENTITLED
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AN ACT
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relating to the burden of proof 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. Section 153.004, Family Code, is amended by |
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amending Subsection (d-1) to read as follows: |
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(d-1) Subject to [Notwithstanding] Subsection (d)(2), but |
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notwithstanding Subsection (d)(1), the court may allow a parent to |
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have access to a child if 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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(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 abuse or family violence |
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by: |
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(1) that parent; or |
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(2) any person who resides in that parent's household |
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or who is permitted by that parent to have unsupervised access to |
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the child during that parent's periods of possession of or access to |
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the child. |
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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 abuse or family violence by a parent or other person, as |
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applicable, 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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(g) In this section: |
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(1) "Abuse" and "neglect" have the meanings assigned |
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by Section 261.001. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |