83R10403 JSC-F
By: Hughes H.B. No. 3333
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of a parent as a child's managing
conservator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.0041 to read as follows:
Sec. 153.0041. PRESUMPTION BASED ON GROUNDS FOR DIVORCE.
It is presumed that it is not in the best interest of a child to
appoint a parent of the child as managing conservator if the court
finds that the child's parents were divorced and the divorce was
granted in favor of the child's other parent under:
(1) Section 6.002 or 6.003 or a comparable statute of
another state; or
(2) Section 6.004 or a comparable statute of another
state, if the felony for which the parent was convicted involved
family violence.
SECTION 2. Section 153.131(b), Family Code, is amended to
read as follows:
(b) It is a rebuttable presumption that the appointment of
the parents of a child as joint managing conservators is in the best
interest of the child. A finding of a history of family violence
involving the parents of a child or a finding under Section 153.0041
removes the presumption under this subsection.
SECTION 3. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship pending in a trial
court on or filed on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2013.