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AN ACT
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relating to certain procedural measures in a suit affecting a |
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parent-child relationship to protect a child against child neglect |
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or physical or sexual abuse. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.004, Family Code, is amended by |
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amending Subsections (e) and (f) and adding Subsection (g) to read |
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as follows: |
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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 credible evidence is presented of a history or |
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pattern of past or present child neglect or [physical or sexual] |
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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 [directed against the other parent, a spouse, or a child]. |
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(f) In determining under this section whether there is |
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credible evidence of a history or pattern of past or present child |
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neglect or [physical or sexual] abuse or family violence by a parent |
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or other person, as applicable [directed against the other parent,
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a spouse, or a child], the court shall consider whether a protective |
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order was rendered under Chapter 85, Title 4, against the parent or |
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other person during the two-year period preceding the filing of the |
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suit or during the pendency of the suit. |
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(g) In this section: |
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(1) "Abuse" and "neglect" have the meanings assigned |
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by Section 261.001. |
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(2) "Family violence" has the meaning assigned by |
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Section 71.004. |
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SECTION 2. Section 153.0071(e-1), Family Code, is amended |
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to read as follows: |
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(e-1) Notwithstanding Subsections (d) and (e), a court may |
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decline to enter a judgment on a mediated settlement agreement if |
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the court finds: |
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(1) that: |
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(A) [(1)] a party to the agreement was a victim |
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of family violence, and that circumstance impaired the party's |
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ability to make decisions; or |
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(B) the agreement would permit a person who is |
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subject to registration under Chapter 62, Code of Criminal |
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Procedure, on the basis of an offense committed by the person when |
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the person was 17 years of age or older or who otherwise has a |
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history or pattern of past or present physical or sexual abuse |
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directed against any person to: |
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(i) reside in the same household as the |
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child; or |
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(ii) otherwise have unsupervised access to |
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the child; and |
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(2) that the agreement is not in the child's best |
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interest. |
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SECTION 3. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship pending in a trial |
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court on the effective date of this Act or filed on or after that |
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date. A suit affecting the parent-child relationship in which a |
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final order is rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 495 passed the Senate on |
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March 22, 2017, by the following vote: Yeas 29, Nays 0; and that |
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the Senate concurred in House amendment on May 16, 2017, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 495 passed the House, with |
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amendment, on May 9, 2017, by the following vote: Yeas 145, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |