S.B. No. 495
 
 
 
 
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 or family violence by:
               (1)  that parent; or
               (2)  any person who resides in that parent's household
  or who is permitted by that parent to have unsupervised access to
  the child during that parent's periods of possession of or access to
  the child [directed against the other parent, a spouse, or a child].
         (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 or family violence 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)  "Abuse" and "neglect" have the meanings assigned
  by Section 261.001.
               (2)  "Family violence" has the meaning assigned by
  Section 71.004.
         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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 495 passed the Senate on
  March 22, 2017, by the following vote: Yeas 29, Nays 0; and that
  the Senate concurred in House amendment on May 16, 2017, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 495 passed the House, with
  amendment, on May 9, 2017, by the following vote: Yeas 145,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor