| 1 | 1 | | 86R12051 JSC-D |
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| 2 | 2 | | By: Ramos H.B. No. 2047 |
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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 limiting possession of and access to a child by certain |
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| 8 | 8 | | parents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 153.004, Family Code, is amended by |
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| 11 | 11 | | adding Subsections (d-2) and (d-3) to read as follows: |
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| 12 | 12 | | (d-2) The court may not appoint a child's parent as sole |
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| 13 | 13 | | managing conservator or joint managing conservator if the parent |
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| 14 | 14 | | has been convicted of an offense under Section 21.02, 21.11, |
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| 15 | 15 | | 22.011, 22.021, or 25.02, Penal Code, against a victim who was |
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| 16 | 16 | | younger than 18 years of age at the time of the offense. |
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| 17 | 17 | | (d-3) The court may not allow a parent described by |
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| 18 | 18 | | Subsection (d-2) to have unsupervised visitation with the child if |
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| 19 | 19 | | the parent committed the offense described by that subsection |
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| 20 | 20 | | during the five-year period preceding the filing of the suit or |
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| 21 | 21 | | during the pendency of the suit. If the parent committed the |
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| 22 | 22 | | offense described by Subsection (d-2) five or more years before the |
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| 23 | 23 | | filing of the suit, the court may allow the parent to have |
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| 24 | 24 | | unsupervised visitation with the child only if the court determines |
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| 25 | 25 | | that the visitation would be in the best interest of the child. |
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| 26 | 26 | | SECTION 2. The change in law made by this Act applies to a |
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| 27 | 27 | | suit affecting the parent-child relationship pending before a trial |
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| 28 | 28 | | court or filed on or after the effective date of this Act. |
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| 29 | 29 | | SECTION 3. The enactment of this Act constitutes a material |
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| 30 | 30 | | and substantial change of circumstances sufficient to warrant |
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| 31 | 31 | | modification of a court order or portion of a decree that provides |
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| 32 | 32 | | for conservatorship or possession of or access to a child rendered |
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| 33 | 33 | | before the effective date of this Act. |
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| 34 | 34 | | SECTION 4. This Act takes effect September 1, 2019. |
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