Texas 2015 - 84th Regular

Texas House Bill HB1053 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7257 EES-D
2	2	By: Raymond H.B. No. 1053
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring parties in a suit affecting the parent-child
8	8	relationship to disclose to the court knowledge of certain
9	9	registered sex offenders; creating grounds for contempt of court.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 153, Family Code, is
12	12	amended by adding Section 153.016 to read as follows:
13	13	Sec. 153.016. DISCLOSURE OF REGISTERED SEX OFFENDERS. (a)
14	14	In this section, "extended family" includes a person related to a
15	15	person within the third degree by consanguinity or affinity, as
16	16	determined under Chapter 573, Government Code.
17	17	(b) Before a court may render an order for the possession of
18	18	or access to a child, each party who will be entitled to possession
19	19	of or access to the child must disclose to the court whether a
20	20	member of the party's extended family is required to register as a
21	21	sex offender under Chapter 62, Code of Criminal Procedure.
22	22	(c) If a registered sex offender in the extended family of a
23	23	party is disclosed under Subsection (b), the court shall include in
24	24	the order for the possession of or access to the child any terms the
25	25	court finds necessary to protect the child's health or welfare.
26	26	(d) A person who knowingly fails to disclose to the court
27	27	under Subsection (b) that a member of the person's extended family
28	28	is required to register as a sex offender under Chapter 62, Code of
29	29	Criminal Procedure, may be held in contempt of court and may be
30	30	punished by confinement in jail for not more than six months or by a
31	31	fine of not more than $500, or both.
32	32	(e) It is an affirmative defense to an allegation of
33	33	contempt of court under Subsection (d) that the person:
34	34	(1) has not had contact with a member of the person's
35	35	extended family who is required to register as a sex offender under
36	36	Chapter 62, Code of Criminal Procedure, for one or more years; or
37	37	(2) had no knowledge that a member of the person's
38	38	extended family is required to register as a sex offender under
39	39	Chapter 62, Code of Criminal Procedure.
40	40	SECTION 2. Subchapter B, Chapter 156, Family Code, is
41	41	amended by adding Section 156.106 to read as follows:
42	42	Sec. 156.106. MODIFICATION BASED ON SEX OFFENDER
43	43	REGISTRATION INFORMATION OR STATUS. (a) In this section,
44	44	"extended family" has the meaning assigned by Section 153.016.
45	45	(b) It is a material and substantial change of circumstances
46	46	sufficient to justify a modification of a court order or portion of
47	47	a decree that provides for the appointment of a conservator or that
48	48	sets the terms and conditions of conservatorship or for the
49	49	possession of or access to a child if:
50	50	(1) a person entitled to the possession of or access to
51	51	the child failed before the order was rendered to disclose to the
52	52	court under Section 153.016 that a member of the person's extended
53	53	family is required to register as a sex offender under Chapter 62,
54	54	Code of Criminal Procedure;
55	55	(2) on the date the court rendered the order, there was
56	56	a registered sex offender in the extended family of a person
57	57	entitled to the possession of or access to a child and there is:
58	58	(A) a reasonable probability of interaction
59	59	between the registered sex offender and the child; or
60	60	(B) a previous pattern of interaction between the
61	61	registered sex offender and the child; or
62	62	(3) after the date the order is rendered, a member of a
63	63	party's extended family is required to register as a sex offender
64	64	under Chapter 62, Code of Criminal Procedure.
65	65	(c) A person may not bring a suit for modification under
66	66	Subsection (b)(1) if the person knowingly failed to disclose to the
67	67	court under Section 153.016 that a member of the person's extended
68	68	family is required to register as a sex offender under Chapter 62,
69	69	Code of Criminal Procedure.
70	70	(d) If the court finds that a person knowingly failed to
71	71	disclose to the court under Section 153.016 that a member of the
72	72	person's extended family is required to register as a sex offender
73	73	under Chapter 62, Code of Criminal Procedure, the court may order
74	74	the person to pay the court costs and attorney's fees the other
75	75	party incurred to bring the modification suit.
76	76	SECTION 3. (a) In this section, "extended family" includes
77	77	a person related to a person within the third degree by
78	78	consanguinity or affinity, as determined under Chapter 573,
79	79	Government Code.
80	80	(b) This section applies only to a court order for
81	81	possession of or access to a child rendered before September 1,
82	82	2015.
83	83	(c) It is a material and substantial change of circumstances
84	84	sufficient to justify a modification of a court order or portion of
85	85	a decree that provides for the appointment of a conservator or that
86	86	sets the terms and conditions of conservatorship or for the
87	87	possession of or access to a child if, on the date the court
88	88	rendered the order, there was a registered sex offender in the
89	89	extended family of a person entitled to the possession of or access
90	90	to a child and there is:
91	91	(1) a reasonable probability of interaction between
92	92	the registered sex offender and the child; or
93	93	(2) a previous pattern of interaction between the
94	94	registered sex offender and the child.
95	95	(d) A suit to modify an order for the possession of or access
96	96	to a child brought under this section must be filed not later than
97	97	February 1, 2016.
98	98	(e) This section expires September 1, 2016.
99	99	SECTION 4. (a) Section 153.016, Family Code, as added by
100	100	this Act, applies to a suit affecting the parent-child relationship
101	101	that is pending in a trial court on the effective date of this Act or
102	102	filed on or after that date.
103	103	(b) A person may bring a suit to modify an order for the
104	104	possession of or access to a child under Section 156.106(b)(1),
105	105	Family Code, as added by this Act, only if the order was rendered on
106	106	or after the effective date of this Act.
107	107	(c) A person may bring a suit under Section 156.106(b)(2),
108	108	Family Code, as added by this Act, to modify an order for possession
109	109	of or access to a child regardless of whether the order was rendered
110	110	before, on, or after the effective date of this Act.
111	111	SECTION 5. This Act takes effect September 1, 2015.