S.B. No. 495         AN ACT   relating to certain procedural measures in a suit affecting a   parent-child relationship to protect a child against child neglect   or physical or sexual abuse.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.004, Family Code, is amended by   amending Subsections (e) and (f) and adding Subsection (g) to read   as follows:          (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 [physical or sexual]   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 [directed against the other parent, a spouse, or a child].          (f)  In determining under this section whether there is   credible evidence of a history or pattern of past or present child   neglect or [physical or sexual] abuse or family violence by a parent   or other person, as applicable [directed against the other parent,   a spouse, or a child], 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.  Section 153.0071(e-1), Family Code, is amended   to read as follows:          (e-1)  Notwithstanding Subsections (d) and (e), a court may   decline to enter a judgment on a mediated settlement agreement if   the court finds:                (1)  that:                      (A) [(1)]  a party to the agreement was a victim   of family violence, and that circumstance impaired the party's   ability to make decisions; or                      (B)  the agreement would permit a person who is   subject to registration under Chapter 62, Code of Criminal   Procedure, on the basis of an offense committed by the person when   the person was 17 years of age or older or who otherwise has a   history or pattern of past or present physical or sexual abuse   directed against any person to:                            (i)  reside in the same household as the   child; or                            (ii)  otherwise have unsupervised access to   the child; and                (2)  that the agreement is not in the child's best   interest.          SECTION 3.  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. A suit affecting the parent-child relationship in which a   final order is rendered before the effective date of this Act is   governed by the law in effect on the date the order was rendered,   and the former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 495 passed the Senate on   March 22, 2017, by the following vote: Yeas 29, Nays 0; and that   the Senate concurred in House amendment on May 16, 2017, by the   following vote: Yeas 30, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 495 passed the House, with   amendment, on May 9, 2017, by the following vote: Yeas 145,   Nays 0, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor