Texas 2019 - 86th Regular

Texas House Bill HB1659 Compare Versions

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

Old	New	Differences
1	1	86R9973 JSC-F
2	2	By: Guillen H.B. No. 1659
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to conservatorship of a child in certain suits affecting
8	8	the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 153.004(b), (d), (e), and (f), Family
11	11	Code, are amended to read as follows:
12	12	(b) The court may not appoint joint managing conservators if
13	13	clear and convincing [credible] evidence is presented of a history
14	14	or pattern of past or present child neglect, or physical or sexual
15	15	abuse by one parent directed against the other parent, a spouse, or
16	16	a child, including a sexual assault in violation of Section 22.011
17	17	or 22.021, Penal Code, that results in the other parent becoming
18	18	pregnant with the child. A history of sexual abuse includes a
19	19	sexual assault that results in the other parent becoming pregnant
20	20	with the child, regardless of the prior relationship of the
21	21	parents. It is a rebuttable presumption that the appointment of a
22	22	parent as the sole managing conservator of a child or as the
23	23	conservator who has the exclusive right to determine the primary
24	24	residence of a child is not in the best interest of the child if
25	25	clear and convincing [credible] evidence is presented of a history
26	26	or pattern of past or present child neglect, or physical or sexual
27	27	abuse by that parent directed against the other parent, a spouse, or
28	28	a child.
29	29	(d) The court may not allow a parent to have access to a
30	30	child for whom it is shown by clear and convincing [a preponderance
31	31	of the] evidence that:
32	32	(1) there is a history or pattern of committing family
33	33	violence during the two years preceding the date of the filing of
34	34	the suit or during the pendency of the suit; or
35	35	(2) the parent engaged in conduct that constitutes an
36	36	offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
37	37	and that as a direct result of the conduct, the victim of the
38	38	conduct became pregnant with the parent's child.
39	39	(e) It is a rebuttable presumption that it is not in the best
40	40	interest of a child for a parent to have unsupervised visitation
41	41	with the child if clear and convincing [credible] evidence is
42	42	presented of a history or pattern of past or present child neglect
43	43	or abuse or family violence by:
44	44	(1) that parent; or
45	45	(2) any person who resides in that parent's household
46	46	or who is permitted by that parent to have unsupervised access to
47	47	the child during that parent's periods of possession of or access to
48	48	the child.
49	49	(f) In determining under this section whether there is clear
50	50	and convincing [credible] evidence of a history or pattern of past
51	51	or present child neglect or abuse or family violence by a parent or
52	52	other person, as applicable, the court shall consider whether a
53	53	protective order was rendered under Chapter 85, Title 4, against
54	54	the parent or other person during the two-year period preceding the
55	55	filing of the suit or during the pendency of the suit.
56	56	SECTION 2. The change in law made by this Act applies only
57	57	to a suit affecting the parent-child relationship, including a suit
58	58	for modification, pending before a court on or filed on or after the
59	59	effective date of this Act.
60	60	SECTION 3. This Act takes effect September 1, 2019.