Bill Text: TX HB148 | 2011-2012 | 82nd Legislature | Introduced
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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-07 - Left pending in committee [HB148 Detail]
Download: Texas-2011-HB148-Introduced.html
| 82R1178 AJZ-F | ||
| By: Raymond | H.B. No. 148 | |
|
|
||
|
|
||
| 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 of 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. | ||
| 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; or | ||
| (2) 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 of | ||
| 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, | ||
| 2011. | ||
| (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. | ||
| (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, 2012. | ||
| (e) This section expires September 1, 2012. | ||
| 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, 2011. | ||
