Bill Text: TX HB930 | 2027-2028 | 90th Legislature Regular Session | Introduced

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Bill Title: Relating to the consideration of family violence and coercive control in determining conservatorship and possession of and access to a child.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced) 2026-11-09 - Filed [HB930 Detail]

Download: Texas-2027-HB930-Introduced.html

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By: Mizani H.B. No. 930

A BILL TO BE ENTITLED
AN ACT
relating to the consideration of family violence and coercive
control in determining conservatorship and possession of and access
to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.0041 to read as follows:
Sec. 153.0041. FAMILY VIOLENCE AND COERCIVE CONTROL IN
CONSERVATORSHIP AND POSSESSION ORDERS. (a) For purposes of this
section and Section 153.004, family violence includes coercive
control in addition to conduct described by Section 71.004.
(b) In this section, "coercive control" means a pattern of
threatening, intimidating, or controlling acts by a parent directed
against the other parent or a child who resides in either parent's
household that, considered in context, substantially interferes
with, or would reasonably be expected to substantially interfere
with, the person's safety, liberty, or ability to meet basic needs.
A court may consider as part of the pattern conduct that includes:
(1) threatening harm to a person or animal or using a
weapon to intimidate;
(2) restricting movement, communication, or contact
with family, friends, or sources of support;
(3) withholding or controlling access to money,
transportation, identification, medication, or other necessities;
(4) stalking, monitoring, or tracking a person,
including through electronic means;
(5) threatening to disclose intimate material or to
exploit a person's immigration status to compel or prevent conduct;
or
(6) knowingly using false reports or frivolous legal
claims to intimidate, isolate, or control a person.
(c) Coercive control and family violence for purposes of
this section exclude lawful defense of oneself or another. A good
faith report of abuse, a good faith request for legal protection, or
a reasonable action to protect the safety of a child or another
person does not by itself constitute coercive control. The court
shall assess each parent's conduct separately when family violence
is alleged against both parents.
(d) If, after notice and an opportunity to be heard, the
court finds by a preponderance of the evidence that a parent
committed family violence against the other parent or a child,
there is a rebuttable presumption that it is not in the child's best
interest to:
(1) appoint the parent as sole or joint managing
conservator or grant the parent the exclusive right to determine
the child's primary residence; or
(2) award the parent possession of or access to the
child, whether supervised or unsupervised.
(e) The court may grant an appointment, right, or
unsupervised possession or access described by Subsection (d) only
if the parent rebuts the presumption by clear and convincing
evidence that the requested arrangement is in the child's best
interest and can be exercised without endangering the child or the
victim. The court may grant supervised possession or access only if
the parent establishes those facts by a preponderance of the
evidence and the court imposes appropriate safety conditions. A
court may grant relief under this subsection only to the extent the
relief is otherwise authorized by Section 153.004 and other
applicable law.
(f) In determining whether the presumption has been
rebutted, the court shall consider, to the extent supported by the
record:
(1) the nature, severity, frequency, and recency of
the conduct, including threats, stalking, strangulation, use of a
weapon, or a pattern of coercive control;
(2) the effect of the conduct on the safety and
physical and emotional well-being of the child and the victim;
(3) the parent's compliance with protective orders,
conditions of supervision, and court-ordered treatment; and
(4) credible evidence of accountability, sustained
behavioral change, and the parent's ability to comply with
safeguards. Completion of an intervention program alone is
insufficient to rebut the presumption.
(g) If the court orders supervised possession or access
under this section, the court shall specify the frequency,
duration, and conditions of supervision and designate a qualified,
neutral person or entity to supervise. The victim may not be
designated as supervisor. The court may order protected exchanges,
limits on contact, or other conditions needed to protect the child
and the victim. The order may provide for later review, but a
change to unsupervised possession or access requires a subsequent
order and the findings required by this section.
(h) In a contested proceeding in which the court admits
evidence concerning alleged family violence, the court shall make
specific written findings in or with the order determining
conservatorship or possession or access. The findings must state:
(1) whether the court found that family violence
occurred and the material facts supporting that determination;
(2) if the presumption under Subsection (d) applies,
whether and how the applicable burden of proof was met, addressing
the factors under Subsection (f) on which evidence was admitted;
and
(3) why the conservatorship and possession terms and
any safeguards ordered protect the child and the victim and serve
the child's best interest.
(i) The court shall protect identifying and location
information in the findings as required by Section 105.006 and
other applicable law. The written findings under Subsection (h)
are required without a request by a party.
(j) This section applies to a final order and to a contested
temporary order after a noticed evidentiary hearing, including in a
suit for modification under Chapter 156. A presumption established
by a prior finding under this section continues to apply in a later
modification proceeding until rebutted under Subsection (e). This
section does not limit a court's authority to issue emergency
protective relief authorized by other law.
SECTION 3. Section 153.0041, Family Code, as added by this
Act, applies to a suit affecting the parent-child relationship,
including a suit for modification, filed on or after the effective
date of this Act. A suit filed before that date is governed by the
law in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2027.