83R8979 KSD-D
By: Wu H.B. No. 2404
A BILL TO BE ENTITLED
AN ACT
relating to consideration by the court of sexual abuse and conduct
that constitutes sexual assault in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 153.004, Family Code, is
amended to read as follows:
Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.
SECTION 2. Section 153.004, Family Code, is amended by
amending Subsections (a), (c), and (d) and adding Subsection (d-1)
to read as follows:
(a) In determining whether to appoint a party as a sole or
joint managing conservator, the court shall consider evidence of
the intentional use of abusive physical force, or evidence of
sexual abuse, by a party directed against the party's spouse, a
parent of the child, or any person younger than 18 years of age
committed within a two-year period preceding the filing of the suit
or during the pendency of the suit.
(c) The court shall consider the commission of family
violence or sexual abuse in determining whether to deny, restrict,
or limit the possession of a child by a parent who is appointed as a
possessory conservator.
(d) The court may not allow a parent to have access to a
child for whom it is shown by a preponderance of the evidence that:
(1) there is a history or pattern of committing family
violence during the two years preceding the date of the filing of
the suit or during the pendency of the suit; or
(2) the parent engaged in conduct that constitutes an
offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
and that as a direct result of the conduct, the victim of the
conduct became pregnant with the parent's child.
(d-1) Notwithstanding Subsection (d), the court may allow a
parent to have access to a child if[, unless] the court:
(1) finds that awarding the parent access to the child
would not endanger the child's physical health or emotional welfare
and would be in the best interest of the child; [and]
(2) renders a possession order that is designed to
protect the safety and well-being of the child and any other person
who has been a victim of family violence committed by the parent and
that may include a requirement that:
(A) the periods of access be continuously
supervised by an entity or person chosen by the court;
(B) the exchange of possession of the child occur
in a protective setting;
(C) the parent abstain from the consumption of
alcohol or a controlled substance, as defined by Chapter 481,
Health and Safety Code, within 12 hours prior to or during the
period of access to the child; or
(D) the parent attend and complete a battering
intervention and prevention program as provided by Article 42.141,
Code of Criminal Procedure, or, if such a program is not available,
complete a course of treatment under Section 153.010; and
(3) has received express written consent for that
access from the parent who became pregnant with the child, if
Subsection (d)(2) applies.
SECTION 3. Section 154.001(a-1), Family Code, is amended to
read as follows:
(a-1) The court may order each person who is financially
able and whose parental rights have been terminated with respect to
either a child in substitute care for whom the department has been
appointed managing conservator or a child who was conceived as a
direct result of conduct that constitutes an offense under Section
21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in
the manner specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation
from high school, whichever occurs later;
(C) removal of the child's disabilities of
minority by court order, marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this
chapter, for an indefinite period.
SECTION 4. Section 161.007, Family Code, is amended to read
as follows:
Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
CRIMINAL ACT. The court shall [may] order the termination of the
parent-child relationship of a parent and a child if the court finds
by clear and convincing evidence that:
(1) the parent has engaged in conduct that constitutes
[been convicted of] an offense [committed] under Section 21.02,
22.011, 22.021, or 25.02, Penal Code;
(2) as a direct result of the conduct described by
Subdivision (1) [commission of the offense by the parent], the
victim of the conduct [offense] became pregnant with the parent's
child; and
(3) termination is in the best interest of the child.
SECTION 5. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship pending in a trial
court on the effective date of this Act or filed on or after that
date. A suit affecting the parent-child relationship in which a
final order is rendered before the effective date of this Act is
governed by the law in effect on the date the order was rendered,
and the former law is continued in effect for that purpose.
SECTION 6. The enactment of this Act constitutes a material
and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides
for the possession of or access to a child rendered before the
effective date of this Act.
SECTION 7. This Act takes effect September 1, 2013.