By: Uresti S.B. No. 950
(In the Senate - Filed March 4, 2015; March 9, 2015, read
first time and referred to Committee on State Affairs;
April 14, 2015, reported favorably by the following vote: Yeas 9,
Nays 0; April 14, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain procedural measures in a suit affecting a
parent-child relationship to protect a child against child neglect
or physical or sexual abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 153.004(e) and (f), Family Code, are
amended to read as follows:
(e) It is a rebuttable presumption that it is not in the best
interest of a child for a parent to have unsupervised visitation
with the child if credible evidence is presented of a history or
pattern of past or present child neglect or physical or sexual abuse
by:
(1) that parent directed against the other parent, a
spouse, or a child; or
(2) any person who resides in that parent's household
or who by virtue of the person's relationship with that parent is
otherwise likely to have unsupervised access to the child during
that parent's periods of possession of or access to the child,
directed against any person.
(f) In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or physical or sexual abuse by a parent or other person, as
applicable [directed against the other parent, a spouse, or a
child], the court shall consider whether a protective order was
rendered under Chapter 85, Title 4, against the parent or other
person during the two-year period preceding the filing of the suit
or during the pendency of the suit.
SECTION 2. Section 153.0071(e-1), Family Code, is amended
to read as follows:
(e-1) Notwithstanding Subsections (d) and (e), a court may
decline to enter a judgment on a mediated settlement agreement if
the court finds:
(1) that:
(A) [(1)] a party to the agreement was a victim
of family violence, and that circumstance impaired the party's
ability to make decisions; or
(B) the agreement would permit a person who is
subject to registration under Chapter 62, Code of Criminal
Procedure, or who otherwise has a history or pattern of past or
present physical or sexual abuse directed against any person to:
(i) reside in the same household as the
child; or
(ii) otherwise have unsupervised access to
the child; and
(2) that the agreement is not in the child's best
interest.
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 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 4. 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 5. This Act takes effect September 1, 2015.
* * * * *