Bill Text: TX HB386 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to requiring parties in a suit affecting the parent-child relationship to disclose to the court knowledge of certain registered sex offenders; providing a penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-12 - Referred to Juvenile Justice & Family Issues [HB386 Detail]

Download: Texas-2015-HB386-Introduced.html

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84R3019 EES-D
By: Raymond H.B. No. 386

A BILL TO BE ENTITLED
AN ACT
relating to requiring parties in a suit affecting the parent-child
relationship to disclose to the court knowledge of certain
registered sex offenders; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.016 to read as follows:
Sec. 153.016. DISCLOSURE OF REGISTERED SEX OFFENDERS. (a)
In this section, "extended family" includes a person related to a
person within the third degree by consanguinity or affinity, as
determined under Chapter 573, Government Code.
(b) Before a court may render an order for the possession of
or access to a child, each party who will be entitled to possession
of or access to the child must disclose to the court whether a
member of the party's extended family is required to register as a
sex offender under Chapter 62, Code of Criminal Procedure.
(c) If a registered sex offender in the extended family of a
party is disclosed under Subsection (b), the court shall include in
the order for the possession of or access to the child any terms the
court finds necessary to protect the child's health or welfare.
(d) A person who knowingly fails to disclose to the court
under Subsection (b) that a member of the person's extended family
is required to register as a sex offender under Chapter 62, Code of
Criminal Procedure, may be held in contempt of court and may be
punished by confinement in jail for not more than six months or by a
fine of not more than $500, or both.
(e) It is an affirmative defense to an allegation of
contempt of court under Subsection (d) that the person:
(1) has not had contact with a member of the person's
extended family who is required to register as a sex offender under
Chapter 62, Code of Criminal Procedure, for one or more years; or
(2) had no knowledge that a member of the person's
extended family is required to register as a sex offender under
Chapter 62, Code of Criminal Procedure.
SECTION 2. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.106 to read as follows:
Sec. 156.106. MODIFICATION BASED ON SEX OFFENDER
REGISTRATION INFORMATION OR STATUS. (a) In this section,
"extended family" has the meaning assigned by Section 153.016.
(b) It is a material and substantial change of circumstances
sufficient to justify a modification of a court order or portion of
a decree that provides for the appointment of a conservator or that
sets the terms and conditions of conservatorship or for the
possession of or access to a child if:
(1) a person entitled to the possession of or access to
the child failed before the order was rendered to disclose to the
court under Section 153.016 that a member of the person's extended
family is required to register as a sex offender under Chapter 62,
Code of Criminal Procedure;
(2) on the date the court rendered the order, there was
a registered sex offender in the extended family of a person
entitled to the possession of or access to a child and there is:
(A) a reasonable probability of interaction
between the registered sex offender and the child; or
(B) a previous pattern of interaction between the
registered sex offender and the child; or
(3) after the date the order is rendered, a member of a
party's extended family is required to register as a sex offender
under Chapter 62, Code of Criminal Procedure.
(c) A person may not bring a suit for modification under
Subsection (b)(1) if the person knowingly failed to disclose to the
court under Section 153.016 that a member of the person's extended
family is required to register as a sex offender under Chapter 62,
Code of Criminal Procedure.
(d) If the court finds that a person knowingly failed to
disclose to the court under Section 153.016 that a member of the
person's extended family is required to register as a sex offender
under Chapter 62, Code of Criminal Procedure, the court may order
the person to pay the court costs and attorney's fees the other
party incurred to bring the modification suit.
SECTION 3. (a) In this section, "extended family" includes
a person related to a person within the third degree by
consanguinity or affinity, as determined under Chapter 573,
Government Code.
(b) This section applies only to a court order for
possession of or access to a child rendered before September 1,
2015.
(c) It is a material and substantial change of circumstances
sufficient to justify a modification of a court order or portion of
a decree that provides for the appointment of a conservator or that
sets the terms and conditions of conservatorship or for the
possession of or access to a child if, on the date the court
rendered the order, there was a registered sex offender in the
extended family of a person entitled to the possession of or access
to a child and there is:
(1) a reasonable probability of interaction between
the registered sex offender and the child; or
(2) a previous pattern of interaction between the
registered sex offender and the child.
(d) A suit to modify an order for the possession of or access
to a child brought under this section must be filed not later than
February 1, 2016.
(e) This section expires September 1, 2016.
SECTION 4. (a) Section 153.016, Family Code, as added by
this Act, applies to a suit affecting the parent-child relationship
that is pending in a trial court on the effective date of this Act or
filed on or after that date.
(b) A person may bring a suit to modify an order for the
possession of or access to a child under Section 156.106(b)(1),
Family Code, as added by this Act, only if the order was rendered on
or after the effective date of this Act.
(c) A person may bring a suit under Section 156.106(b)(2),
Family Code, as added by this Act, to modify an order for possession
of or access to a child regardless of whether the order was rendered
before, on, or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2015.