BILL ANALYSIS


                                                         H.B. 647
                                                By: Farrar (Luna)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

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

PURPOSE

As proposed, H.B. 647 authorizes an order or decree setting forth
terms of conservatorship or possessory conservator's possession of
an access to a child to be modified on a conviction of child abuse;
provides a penalty.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 156D, 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.  (a) Provides that the conviction or an order deferring
     adjudication of an individual who is a possessory conservator
     or a managing conservator for an offense involving child abuse
     is a material and substantial change of circumstances
     sufficient to justify a modification of an existing court
     order or decree that provides for the appointment of a
     conservator or sets the conditions of conservatorship for or
     access to a child.
     
     (b) Provides that a person commits a Class B misdemeanor
       offense if the person files a motion to modify an order or
       decree and the person knows that the person against whom the
       motion is filed has not been convicted of or received
       deferred adjudication for an offense.  
SECTION 2. Effective date: September 1, 1995.
           Makes application of this Act retroactive.

SECTION 3. Emergency clause.