S.B. No. 495
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. Section 153.004, Family Code, is amended by
amending Subsections (e) and (f) and adding Subsection (g) 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 or family violence by:
(1) that parent; or
(2) any person who resides in that parent's household
or who is permitted by that parent to have unsupervised access to
the child during that parent's periods of possession of or access to
the child [directed against the other parent, a spouse, or a child].
(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 or family violence 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.
(g) In this section:
(1) "Abuse" and "neglect" have the meanings assigned
by Section 261.001.
(2) "Family violence" has the meaning assigned by
Section 71.004.
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, on the basis of an offense committed by the person when
the person was 17 years of age or older 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. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 495 passed the Senate on
March 22, 2017, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendment on May 16, 2017, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 495 passed the House, with
amendment, on May 9, 2017, by the following vote: Yeas 145,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor