Texas 2013 - 83rd Regular

Texas House Bill HB1228 Compare Versions

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1	1	By: Dukes, et al. (Senate Sponsor - Davis) H.B. No. 1228
2	2	(In the Senate - Received from the House May 8, 2013;
3	3	May 9, 2013, read first time and referred to Committee on
4	4	Jurisprudence; May 20, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 20, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to consideration by the court of sexual abuse and conduct
11	11	that constitutes sexual assault in certain suits affecting the
12	12	parent-child relationship.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Section 153.004, Family Code, is
15	15	amended to read as follows:
16	16	Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.
17	17	SECTION 2. Section 153.004, Family Code, is amended by
18	18	amending Subsections (a), (c), and (d) and adding Subsection (d-1)
19	19	to read as follows:
20	20	(a) In determining whether to appoint a party as a sole or
21	21	joint managing conservator, the court shall consider evidence of
22	22	the intentional use of abusive physical force, or evidence of
23	23	sexual abuse, by a party directed against the party's spouse, a
24	24	parent of the child, or any person younger than 18 years of age
25	25	committed within a two-year period preceding the filing of the suit
26	26	or during the pendency of the suit.
27	27	(c) The court shall consider the commission of family
28	28	violence or sexual abuse in determining whether to deny, restrict,
29	29	or limit the possession of a child by a parent who is appointed as a
30	30	possessory conservator.
31	31	(d) The court may not allow a parent to have access to a
32	32	child for whom it is shown by a preponderance of the evidence that:
33	33	(1) there is a history or pattern of committing family
34	34	violence during the two years preceding the date of the filing of
35	35	the suit or during the pendency of the suit; or
36	36	(2) the parent engaged in conduct that constitutes an
37	37	offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
38	38	and that as a direct result of the conduct, the victim of the
39	39	conduct became pregnant with the parent's child.
40	40	(d-1) Notwithstanding Subsection (d), the court may allow a
41	41	parent to have access to a child if[, unless] the court:
42	42	(1) finds that awarding the parent access to the child
43	43	would not endanger the child's physical health or emotional welfare
44	44	and would be in the best interest of the child; and
45	45	(2) renders a possession order that is designed to
46	46	protect the safety and well-being of the child and any other person
47	47	who has been a victim of family violence committed by the parent and
48	48	that may include a requirement that:
49	49	(A) the periods of access be continuously
50	50	supervised by an entity or person chosen by the court;
51	51	(B) the exchange of possession of the child occur
52	52	in a protective setting;
53	53	(C) the parent abstain from the consumption of
54	54	alcohol or a controlled substance, as defined by Chapter 481,
55	55	Health and Safety Code, within 12 hours prior to or during the
56	56	period of access to the child; or
57	57	(D) the parent attend and complete a battering
58	58	intervention and prevention program as provided by Article 42.141,
59	59	Code of Criminal Procedure, or, if such a program is not available,
60	60	complete a course of treatment under Section 153.010.
61	61	SECTION 3. Section 154.001(a-1), Family Code, is amended to
62	62	read as follows:
63	63	(a-1) The court may order each person who is financially
64	64	able and whose parental rights have been terminated with respect to
65	65	either a child in substitute care for whom the department has been
66	66	appointed managing conservator or a child who was conceived as a
67	67	direct result of conduct that constitutes an offense under Section
68	68	21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in
69	69	the manner specified by the order:
70	70	(1) until the earliest of:
71	71	(A) the child's adoption;
72	72	(B) the child's 18th birthday or graduation
73	73	from high school, whichever occurs later;
74	74	(C) removal of the child's disabilities of
75	75	minority by court order, marriage, or other operation of law; or
76	76	(D) the child's death; or
77	77	(2) if the child is disabled as defined in this
78	78	chapter, for an indefinite period.
79	79	SECTION 4. Section 161.007, Family Code, is amended to read
80	80	as follows:
81	81	Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
82	82	CRIMINAL ACT. (a) Except as provided by Subsection (b), the [The]
83	83	court shall [may] order the termination of the parent-child
84	84	relationship of a parent and a child if the court finds by clear and
85	85	convincing evidence that:
86	86	(1) the parent has engaged in conduct that constitutes
87	87	[been convicted of] an offense [committed] under Section 21.02,
88	88	22.011, 22.021, or 25.02, Penal Code;
89	89	(2) as a direct result of the conduct described by
90	90	Subdivision (1) [commission of the offense by the parent], the
91	91	victim of the conduct [offense] became pregnant with the parent's
92	92	child; and
93	93	(3) termination is in the best interest of the child.
94	94	(b) If, for the two years after the birth of the child, the
95	95	parent was married to or cohabiting with the other parent of the
96	96	child, the court may order the termination of the parent-child
97	97	relationship of the parent and the child if the court finds that:
98	98	(1) the parent has been convicted of an offense
99	99	committed under Section 21.02, 22.011, 22.021, or 25.02, Penal
100	100	Code;
101	101	(2) as a direct result of the commission of the offense
102	102	by the parent, the other parent became pregnant with the child; and
103	103	(3) termination is in the best interest of the child.
104	104	SECTION 5. The changes in law made by this Act apply only to
105	105	a suit affecting the parent-child relationship pending in a trial
106	106	court on the effective date of this Act or filed on or after that
107	107	date. A suit affecting the parent-child relationship in which a
108	108	final order is rendered before the effective date of this Act is
109	109	governed by the law in effect on the date the order was rendered,
110	110	and the former law is continued in effect for that purpose.
111	111	SECTION 6. The enactment of this Act constitutes a material
112	112	and substantial change of circumstances sufficient to warrant
113	113	modification of a court order or portion of a decree that provides
114	114	for the possession of or access to a child rendered before the
115	115	effective date of this Act.
116	116	SECTION 7. This Act takes effect September 1, 2013.
117	117	* * * * *