H.B. No. 1228
 
 
 
 
AN ACT
  relating to consideration by the court of sexual abuse and conduct
  that constitutes sexual assault in certain suits affecting the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 153.004, Family Code, is
  amended to read as follows:
         Sec. 153.004.  HISTORY OF DOMESTIC VIOLENCE OR SEXUAL ABUSE.
         SECTION 2.  Section 153.004, Family Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsection (d-1)
  to read as follows:
         (a)  In determining whether to appoint a party as a sole or
  joint managing conservator, the court shall consider evidence of
  the intentional use of abusive physical force, or evidence of
  sexual abuse, by a party directed against the party's spouse, a
  parent of the child, or any person younger than 18 years of age
  committed within a two-year period preceding the filing of the suit
  or during the pendency of the suit.
         (c)  The court shall consider the commission of family
  violence or sexual abuse in determining whether to deny, restrict,
  or limit the possession of a child by a parent who is appointed as a
  possessory conservator.
         (d)  The court may not allow a parent to have access to a
  child for whom it is shown by a preponderance of the evidence that:
               (1)  there is a history or pattern of committing family
  violence during the two years preceding the date of the filing of
  the suit or during the pendency of the suit; or
               (2)  the parent engaged in conduct that constitutes an
  offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
  and that as a direct result of the conduct, the victim of the
  conduct became pregnant with the parent's child.
         (d-1)  Notwithstanding Subsection (d), the court may allow a
  parent to have access to a child if[, unless] the court:
               (1)  finds that awarding the parent access to the child
  would not endanger the child's physical health or emotional welfare
  and would be in the best interest of the child; and
               (2)  renders a possession order that is designed to
  protect the safety and well-being of the child and any other person
  who has been a victim of family violence committed by the parent and
  that may include a requirement that:
                     (A)  the periods of access be continuously
  supervised by an entity or person chosen by the court;
                     (B)  the exchange of possession of the child occur
  in a protective setting;
                     (C)  the parent abstain from the consumption of
  alcohol or a controlled substance, as defined by Chapter 481,
  Health and Safety Code, within 12 hours prior to or during the
  period of access to the child; or
                     (D)  the parent attend and complete a battering
  intervention and prevention program as provided by Article 42.141,
  Code of Criminal Procedure, or, if such a program is not available,
  complete a course of treatment under Section 153.010.
         SECTION 3.  Section 154.001(a-1), Family Code, is amended to
  read as follows:
         (a-1)  The court may order each person who is financially
  able and whose parental rights have been terminated with respect to
  either a child in substitute care for whom the department has been
  appointed managing conservator or a child who was conceived as a
  direct result of conduct that constitutes an offense under Section
  21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in
  the manner specified by the order:
               (1)  until the earliest of:
                     (A)  the child's adoption;
                     (B)  the child's 18th birthday or graduation
  from  high school, whichever occurs later;
                     (C)  removal of the child's disabilities of
  minority by court order, marriage, or other operation of law; or
                     (D)  the child's death; or
               (2)  if the child is disabled as defined in this
  chapter, for an indefinite period.
         SECTION 4.  Section 161.007, Family Code, is amended to read
  as follows:
         Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM
  CRIMINAL ACT. (a)  Except as provided by Subsection (b), the [The]
  court shall [may] order the termination of the parent-child
  relationship of a parent and a child if the court finds by clear and
  convincing evidence that:
               (1)  the parent has engaged in conduct that constitutes
  [been convicted of] an offense [committed] under Section 21.02,
  22.011, 22.021, or 25.02, Penal Code;
               (2)  as a direct result of the conduct described by
  Subdivision (1) [commission of the offense by the parent], the
  victim of the conduct [offense] became pregnant with the parent's
  child; and
               (3)  termination is in the best interest of the child.
         (b)  If, for the two years after the birth of the child, the
  parent was married to or cohabiting with the other parent of the
  child, the court may order the termination of the parent-child
  relationship of the parent and the child if the court finds that:
               (1)  the parent has been convicted of an offense
  committed under Section 21.02, 22.011, 22.021, or 25.02, Penal
  Code;
               (2)  as a direct result of the commission of the offense
  by the parent, the other parent became pregnant with the child; and
               (3)  termination is in the best interest of the child.
         SECTION 5.  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 6.  The enactment of this Act constitutes a material
  and substantial change of circumstances sufficient to warrant
  modification of a court order or portion of a decree that provides
  for the possession of or access to a child rendered before the
  effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1228 was passed by the House on May 7,
  2013, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1228 was passed by the Senate on May
  21, 2013, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor