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


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
 
 
  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.
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