85R5642 KSD-D
 
  By: Thompson of Harris, Bernal H.B. No. 1080
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain procedural measures in a suit affecting a
  parent-child relationship to protect a child against child neglect
  or physical or sexual abuse.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.004, Family Code, is amended by
  amending Subsections (e) and (f) and adding Subsection (g) to read
  as follows:
         (e)  It is a rebuttable presumption that it is not in the best
  interest of a child for a parent to have unsupervised visitation
  with the child if credible evidence is presented of a history or
  pattern of past or present child neglect or physical or sexual abuse
  by:
               (1)  that parent directed against the other parent, a
  spouse, [or] a child, a current or previous member of that parent's
  household, or a person with whom that parent has or has had a dating
  relationship; or
               (2)  any person who resides in that parent's household
  or who by virtue of the person's relationship with that parent is
  otherwise likely to have unsupervised access to the child during
  that parent's periods of possession of or access to the child,
  directed against any person.
         (f)  In determining under this section whether there is
  credible evidence of a history or pattern of past or present child
  neglect or physical or sexual abuse by a parent or other person, as
  applicable [directed against the other parent, a spouse, or a
  child], the court shall consider whether a protective order was
  rendered under Chapter 85, Title 4, against the parent or other
  person during the two-year period preceding the filing of the suit
  or during the pendency of the suit.
         (g)  In this section:
               (1)  "Dating relationship" has the meaning assigned by
  Section 71.0021(b).
               (2)  "Household" has the meaning assigned by Section
  71.005.
         SECTION 2.  Section 153.0071(e-1), Family Code, is amended
  to read as follows:
         (e-1)  Notwithstanding Subsections (d) and (e), a court may
  decline to enter a judgment on a mediated settlement agreement if
  the court finds:
               (1)  that:
                     (A) [(1)]  a party to the agreement was a victim
  of family violence, and that circumstance impaired the party's
  ability to make decisions; or
                     (B)  the agreement would permit a person who is
  subject to registration under Chapter 62, Code of Criminal
  Procedure, on the basis of an offense committed by the person when
  the person was 17 years of age or older or who otherwise has a
  history or pattern of past or present physical or sexual abuse
  directed against any person to:
                           (i)  reside in the same household as the
  child; or
                           (ii)  otherwise have unsupervised access to
  the child; and
               (2)  that the agreement is not in the child's best
  interest.
         SECTION 3.  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 4.  This Act takes effect September 1, 2017.