Texas 2017 - 85th Regular

Texas House Bill HB1080 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R5642 KSD-D
2	2	By: Thompson of Harris, Bernal H.B. No. 1080
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedural measures in a suit affecting a
8	8	parent-child relationship to protect a child against child neglect
9	9	or physical or sexual abuse.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 153.004, Family Code, is amended by
12	12	amending Subsections (e) and (f) and adding Subsection (g) to read
13	13	as follows:
14	14	(e) It is a rebuttable presumption that it is not in the best
15	15	interest of a child for a parent to have unsupervised visitation
16	16	with the child if credible evidence is presented of a history or
17	17	pattern of past or present child neglect or physical or sexual abuse
18	18	by:
19	19	(1) that parent directed against the other parent, a
20	20	spouse, [or] a child, a current or previous member of that parent's
21	21	household, or a person with whom that parent has or has had a dating
22	22	relationship; or
23	23	(2) any person who resides in that parent's household
24	24	or who by virtue of the person's relationship with that parent is
25	25	otherwise likely to have unsupervised access to the child during
26	26	that parent's periods of possession of or access to the child,
27	27	directed against any person.
28	28	(f) In determining under this section whether there is
29	29	credible evidence of a history or pattern of past or present child
30	30	neglect or physical or sexual abuse by a parent or other person, as
31	31	applicable [directed against the other parent, a spouse, or a
32	32	child], the court shall consider whether a protective order was
33	33	rendered under Chapter 85, Title 4, against the parent or other
34	34	person during the two-year period preceding the filing of the suit
35	35	or during the pendency of the suit.
36	36	(g) In this section:
37	37	(1) "Dating relationship" has the meaning assigned by
38	38	Section 71.0021(b).
39	39	(2) "Household" has the meaning assigned by Section
40	40	71.005.
41	41	SECTION 2. Section 153.0071(e-1), Family Code, is amended
42	42	to read as follows:
43	43	(e-1) Notwithstanding Subsections (d) and (e), a court may
44	44	decline to enter a judgment on a mediated settlement agreement if
45	45	the court finds:
46	46	(1) that:
47	47	(A) [(1)] a party to the agreement was a victim
48	48	of family violence, and that circumstance impaired the party's
49	49	ability to make decisions; or
50	50	(B) the agreement would permit a person who is
51	51	subject to registration under Chapter 62, Code of Criminal
52	52	Procedure, on the basis of an offense committed by the person when
53	53	the person was 17 years of age or older or who otherwise has a
54	54	history or pattern of past or present physical or sexual abuse
55	55	directed against any person to:
56	56	(i) reside in the same household as the
57	57	child; or
58	58	(ii) otherwise have unsupervised access to
59	59	the child; and
60	60	(2) that the agreement is not in the child's best
61	61	interest.
62	62	SECTION 3. The changes in law made by this Act apply only to
63	63	a suit affecting the parent-child relationship pending in a trial
64	64	court on the effective date of this Act or filed on or after that
65	65	date. A suit affecting the parent-child relationship in which a
66	66	final order is rendered before the effective date of this Act is
67	67	governed by the law in effect on the date the order was rendered,
68	68	and the former law is continued in effect for that purpose.
69	69	SECTION 4. This Act takes effect September 1, 2017.