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A BILL TO BE ENTITLED
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AN ACT
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relating to the consideration of a history of family violence, |
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child neglect or abuse, or sexual offenses in 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. Sections 153.004(a), (d), and (f), Family Code, |
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are amended 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 before [within a two-year period preceding] the filing of |
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the suit or during the pendency of the suit. |
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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 before [during the two years preceding] the date of the |
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filing of 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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(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 before [during the two-year period preceding] the filing of |
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the suit or during the pendency of the suit. |
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SECTION 2. 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. |
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SECTION 3. This Act takes effect September 1, 2025. |