| 1 | 1 | | By: Uresti S.B. No. 950 |
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| 2 | 2 | | (Thompson of Harris) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain procedural measures in a suit affecting a |
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| 8 | 8 | | parent-child relationship to protect a child against child neglect |
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| 9 | 9 | | or physical or sexual abuse. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 153.004(e) and (f), Family Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (e) It is a rebuttable presumption that it is not in the best |
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| 14 | 14 | | interest of a child for a parent to have unsupervised visitation |
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| 15 | 15 | | with the child if credible evidence is presented of a history or |
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| 16 | 16 | | pattern of past or present child neglect or physical or sexual abuse |
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| 17 | 17 | | by: |
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| 18 | 18 | | (1) that parent directed against the other parent, a |
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| 19 | 19 | | spouse, or a child; or |
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| 20 | 20 | | (2) any person who resides in that parent's household |
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| 21 | 21 | | or who by virtue of the person's relationship with that parent is |
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| 22 | 22 | | otherwise likely to have unsupervised access to the child during |
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| 23 | 23 | | that parent's periods of possession of or access to the child, |
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| 24 | 24 | | directed against any person. |
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| 25 | 25 | | (f) In determining under this section whether there is |
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| 26 | 26 | | credible evidence of a history or pattern of past or present child |
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| 27 | 27 | | neglect or physical or sexual abuse by a parent or other person, as |
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| 28 | 28 | | applicable [directed against the other parent, a spouse, or a |
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| 29 | 29 | | child], the court shall consider whether a protective order was |
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| 30 | 30 | | rendered under Chapter 85, Title 4, against the parent or other |
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| 31 | 31 | | person during the two-year period preceding the filing of the suit |
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| 32 | 32 | | or during the pendency of the suit. |
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| 33 | 33 | | SECTION 2. Section 153.0071(e-1), Family Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (e-1) Notwithstanding Subsections (d) and (e), a court may |
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| 36 | 36 | | decline to enter a judgment on a mediated settlement agreement if |
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| 37 | 37 | | the court finds: |
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| 38 | 38 | | (1) that: |
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| 39 | 39 | | (A) [(1)] a party to the agreement was a victim |
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| 40 | 40 | | of family violence, and that circumstance impaired the party's |
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| 41 | 41 | | ability to make decisions; or |
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| 42 | 42 | | (B) the agreement would permit a person who is |
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| 43 | 43 | | subject to registration under Chapter 62, Code of Criminal |
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| 44 | 44 | | Procedure, on the basis of an offense committed by the person when |
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| 45 | 45 | | the person was 17 years of age or older or who otherwise has a |
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| 46 | 46 | | history or pattern of past or present physical or sexual abuse |
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| 47 | 47 | | directed against any person to: |
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| 48 | 48 | | (i) reside in the same household as the |
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| 49 | 49 | | child; or |
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| 50 | 50 | | (ii) otherwise have unsupervised access to |
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| 51 | 51 | | the child; and |
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| 52 | 52 | | (2) that the agreement is not in the child's best |
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| 53 | 53 | | interest. |
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| 54 | 54 | | SECTION 3. The changes in law made by this Act apply only to |
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| 55 | 55 | | a suit affecting the parent-child relationship pending in a trial |
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| 56 | 56 | | court on the effective date of this Act or filed on or after that |
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| 57 | 57 | | date. A suit affecting the parent-child relationship in which a |
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| 58 | 58 | | final order is rendered before the effective date of this Act is |
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| 59 | 59 | | governed by the law in effect on the date the order was rendered, |
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| 60 | 60 | | and the former law is continued in effect for that purpose. |
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| 61 | 61 | | SECTION 4. This Act takes effect September 1, 2015. |
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