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A BILL TO BE ENTITLED
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AN ACT
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relating to conservatorship of a child in certain suits affecting |
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the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 153.004(b), (d), (e), and (f), Family |
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Code, are amended to read as follows: |
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(b) The court may not appoint joint managing conservators if |
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clear and convincing [credible] evidence is presented of a history |
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or pattern of past or present child neglect, or physical or sexual |
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abuse by one parent directed against the other parent, a spouse, or |
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a child, including a sexual assault in violation of Section 22.011 |
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or 22.021, Penal Code, that results in the other parent becoming |
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pregnant with the child. A history of sexual abuse includes a |
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sexual assault that results in the other parent becoming pregnant |
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with the child, regardless of the prior relationship of the |
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parents. It is a rebuttable presumption that the appointment of a |
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parent as the sole managing conservator of a child or as the |
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conservator who has the exclusive right to determine the primary |
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residence of a child is not in the best interest of the child if |
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clear and convincing [credible] evidence is presented of a history |
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or pattern of past or present child neglect, or physical or sexual |
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abuse by that parent directed against the other parent, a spouse, or |
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a child. |
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(d) The court may not allow a parent to have access to a |
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child for whom it is shown by clear and convincing [a preponderance
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of the] evidence that: |
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(1) there is a history or pattern of committing family |
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violence during the two years preceding the date of the filing of |
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the suit or during the pendency of the suit; or |
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(2) the parent engaged in conduct that constitutes an |
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offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, |
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and that as a direct result of the conduct, the victim of the |
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conduct became pregnant with the parent's child. |
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(e) It is a rebuttable presumption that it is not in the best |
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interest of a child for a parent to have unsupervised visitation |
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with the child if clear and convincing [credible] evidence is |
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presented of a history or pattern of past or present child neglect |
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or abuse or family violence by: |
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(1) that parent; or |
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(2) any person who resides in that parent's household |
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or who is permitted by that parent to have unsupervised access to |
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the child during that parent's periods of possession of or access to |
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the child. |
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(f) In determining under this section whether there is clear |
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and convincing [credible] evidence of a history or pattern of past |
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or present child neglect or abuse or family violence by a parent or |
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other person, as applicable, the court shall consider whether a |
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protective order was rendered under Chapter 85, Title 4, against |
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the parent or other person during the two-year period preceding the |
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filing of the suit or during the pendency of the suit. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship, including a suit |
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for modification, pending before a court on or filed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |