HB 306 — The consideration of a history of family violence

90R2216 AMF-D By: Curry H.B. No. 306 relating to the consideration of a history of family violence, child neglect or abuse, or sexual offenses in suits affecting the parent-child relationship.

SECTION 1. Sections 153.004(a), (d), and (f), Family Code, are amended to read as follows: (a) In determining whether to appoint a party as a sole or joint managing conservator, the court shall consider evidence of the intentional use of abusive physical force, or evidence of sexual abuse, by a party directed against the party's spouse, a parent of the child, or any person younger than 18 years of age committed : (1) during the [ within a two-year ] period preceding the date of the filing of the suit beginning on the earlier of: (A) five years before the date the suit was filed; or (B) the date the parties to the suit began to live separate and apart; or (2) during the pendency of the suit. (d) The court may not allow a parent to have access to a child for whom it is shown by a preponderance of the evidence that: (1) there is a history or pattern of committing family violence : (A) during the period [ two years ] preceding the date of the filing of the suit beginning on the earlier of: (i) five years before the date the suit was filed; or (ii) the date the parties to the suit began to live separate and apart; or (B) during the pendency of the suit; or (2) the parent engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent's 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 : (1) during the [ two-year ] period preceding the date of the filing of the suit beginning on the earlier of: (A) five years before the date the suit was filed; or (B) the date the parties to the suit began to live separate and apart; or (2) during the pendency of the suit.

SECTION 2. The changes in law made by this Act apply only to a suit affecting the parent-child relationship pending in a trial court on the effective date of this Act or filed on or after that date.

SECTION 3. This Act takes effect July 1, 2027, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect September 1, 2027.