Bill Text: TX SB2157 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the burden of proof in certain suits affecting the parent-child relationship.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2023-03-22 - Referred to Jurisprudence [SB2157 Detail]

Download: Texas-2023-SB2157-Introduced.html

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By: Eckhardt S.B. No. 2157

A BILL TO BE ENTITLED
AN ACT
relating to the burden of proof in certain suits affecting the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.004, Family Code, is amended by
amending Subsection (d-1) to read as follows:
(d-1) Subject to [Notwithstanding] Subsection (d)(2), but
notwithstanding Subsection (d)(1), the court may allow a parent to
have access to a child if the court:
(1) finds that awarding the parent access to the child
would not endanger the child's physical health or emotional welfare
and would be in the best interest of the child; and
(2) renders a possession order that is designed to
protect the safety and well-being of the child and any other person
who has been a victim of family violence committed by the parent and
that may include a requirement that:
(A) the periods of access be continuously
supervised by an entity or person chosen by the court;
(B) the exchange of possession of the child occur
in a protective setting;
(C) the parent abstain from the consumption of
alcohol or a controlled substance, as defined by Chapter 481,
Health and Safety Code, within 12 hours prior to or during the
period of access to the child; or
(D) the parent attend and complete a battering
intervention and prevention program as provided by Article 42.141,
Code of Criminal Procedure, or, if such a program is not available,
complete a course of treatment under Section 153.010.
(e) It is a rebuttable presumption that it is not in the best
interest of a child for a parent to have unsupervised visitation
with the child if credible evidence is presented of a history or
pattern of past or present child neglect or abuse or family violence
by:
(1) that parent; or
(2) any person who resides in that parent's household
or who is permitted by that parent to have unsupervised access to
the child during that parent's periods of possession of or access to
the child.
(f) In determining under this section whether there is
credible evidence of a history or pattern of past or present child
neglect or abuse or family violence by a parent or other person, as
applicable, the court shall consider whether a protective order was
rendered under Chapter 85, Title 4, against the parent or other
person during the two-year period preceding the filing of the suit
or during the pendency of the suit.
(g) In this section:
(1) "Abuse" and "neglect" have the meanings assigned
by Section 261.001.
(2) "Family violence" has the meaning assigned by
Section 71.004.
SECTION 2. The change in law made by this Act applies only
to a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act 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 3. This Act takes effect September 1, 2023.