| 1 | 1 | | 89R12673 AMF-D |
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| 2 | 2 | | By: Curry H.B. No. 2716 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the consideration of a history of family violence, |
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| 10 | 10 | | child neglect or abuse, or sexual offenses in suits affecting the |
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| 11 | 11 | | parent-child relationship. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 153.004(a), (d), and (f), Family Code, |
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| 14 | 14 | | are amended to read as follows: |
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| 15 | 15 | | (a) In determining whether to appoint a party as a sole or |
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| 16 | 16 | | joint managing conservator, the court shall consider evidence of |
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| 17 | 17 | | the intentional use of abusive physical force, or evidence of |
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| 18 | 18 | | sexual abuse, by a party directed against the party's spouse, a |
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| 19 | 19 | | parent of the child, or any person younger than 18 years of age |
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| 20 | 20 | | committed before [within a two-year period preceding] the filing of |
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| 21 | 21 | | the suit or during the pendency of the suit. |
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| 22 | 22 | | (d) The court may not allow a parent to have access to a |
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| 23 | 23 | | child for whom it is shown by a preponderance of the evidence that: |
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| 24 | 24 | | (1) there is a history or pattern of committing family |
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| 25 | 25 | | violence before [during the two years preceding] the date of the |
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| 26 | 26 | | filing of the suit or during the pendency of the suit; or |
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| 27 | 27 | | (2) the parent engaged in conduct that constitutes an |
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| 28 | 28 | | offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, |
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| 29 | 29 | | and that as a direct result of the conduct, the victim of the |
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| 30 | 30 | | conduct became pregnant with the parent's child. |
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| 31 | 31 | | (f) In determining under this section whether there is |
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| 32 | 32 | | credible evidence of a history or pattern of past or present child |
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| 33 | 33 | | neglect or abuse or family violence by a parent or other person, as |
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| 34 | 34 | | applicable, the court shall consider whether a protective order was |
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| 35 | 35 | | rendered under Chapter 85 [, Title 4,] against the parent or other |
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| 36 | 36 | | person before [during the two-year period preceding] the filing of |
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| 37 | 37 | | the suit or during the pendency of the suit. |
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| 38 | 38 | | SECTION 2. The changes in law made by this Act apply only to |
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| 39 | 39 | | a suit affecting the parent-child relationship pending in a trial |
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| 40 | 40 | | court on the effective date of this Act or filed on or after that |
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| 41 | 41 | | date. |
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| 42 | 42 | | SECTION 3. This Act takes effect September 1, 2025. |
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