BILL ANALYSIS



C.S.H.B. 647
By: Farrar
05-02-95
Committee Report (Substituted)


BACKGROUND

Under Texas law, it is possible for a judge to deny a motion to
restrict visitation rights of parents who have been convicted of
sexual assault of a child.  For a judge to order a change in a
managing or possessory conservator's visitation access, that judge
must first find that there has been a material or substantial
change of circumstances sufficient to justify a modification.

PURPOSE

The purpose of C.S.H.B. 647 is to define a conviction for sexual
assault of a child as a material and substantial change, for
purposes of justifying a modification of a visitation order. 
Creates an offense for the knowing filing of a false motion.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 156, Family Code, as added
by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
by adding Section 156.304 as follows:

     Sec. 156.304.  MODIFICATION OF ORDER ON CONVICTION FOR CHILD
ABUSE.     Provides that the conviction or deferred adjudication
of a conservator for a sexual assault
     offense on a child is a material and substantial change which
justifies the modification
     of a conservatorship or visitation order.  Provides that
filing a motion under this section 
     if the movant knows that the person against whom the motion
was filed has not been
     convicted or received deferred adjudication for sexual assault
on a child is a Class B
     misdemeanor.  

SECTION 2.  Effective date:  September 1, 1995.  Makes application
of this Act retroactive.

SECTION 3.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 647 provides that deferred adjudication, in addition to a
conviction, for an offense listed under Section 21.11, 22.011, or
22.021, Penal Code, is a material change which justifies the
modification of a conservatorship or visitation order.  Clarifies
language creating a Class B misdemeanor offense for knowingly
filing a false motion under this section.  C.S.H.B. 647 deletes
subsections relating to a hearing on a motion to modify, to the
rights of an individual during the suspension of an order or under
a modified or replacement order, and to the issuance of temporary
orders during the time that a hearing is pending under this
section.  

SUMMARY OF COMMITTEE ACTION

H.B. 647 was considered in a public hearing on April 5, 1995.

The following persons testified in favor of the bill:
     Betsi Sanchez, representing Child Advocates Inc.;
     Shannon Noble, representing Texas Women's Political Caucus.

The following person testified neutrally on the bill:
     Robert L. Green Jr., representing himself, Primary Nurturing
Fathers of Texas/Texas        Fathers Alliance.

The bill was left pending in committee.

On April 12, 1995, in a public hearing, the committee considered a
complete substitute which was adopted without objection.  H.B. 647
was reported favorably as substituted with the recommendation that
it do pass and be printed by a record vote of 6 ayes, 0 nays, 0
pnv, 0 absent.