BILL ANALYSIS



C.S.S.B. 1594
By: Harris, Chris (Goodman)
May 12, 1995
Committee Report (Substituted)


BACKGROUND

Section 153.131 of the Family Code allows a court to appoint
parents as joint managing conservators only if the court finds such
appointment is in the best interest of the child.  At the time of
the enactment of this provision there was concern that the courts
would be inundated with a huge volume of cases.  

PURPOSE

As proposed, C.S.S.B. 1594 provides that it is a rebuttable
presumption that the appointment of the parents as joint managing
conservators is in the best interest of the child.

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 Section 153.131, Family Code, by adding
Subsection (b) which provides that it is a rebuttable presumption
that the appointment of the parents as joint managing conservators
is in the best interest of the child.

SECTION 2. (a) Effective date: September 1, 1995.  Makes
application of this Act prospective.

     (b) Provides that the enactment of this Act does not
     constitute a material and substantial change of circumstances
     sufficient to warrant modification under Chapter 156, Family
     Code, of a court order providing for the appointment of a
     conservator or that sets the terms and conditions of
     conservatorship entered before the effective date of this Act.
SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1594 reflects the recodification of Title 2 of the Family
Code as enacted by H.B. 655, Acts of the 74th Legislature, Regular
Session, 1995.  The committee substitute deletes from the original
version language relating to using evidence of family violence as
a factor in determining the best interest of a child.

SUMMARY OF COMMITTEE ACTION

S.B. 1594 was considered in a public hearing on May 3, 1995.

The following persons testified in favor of the bill:
     Robert L. Green, Jr., representing himself and Primary
Nurturing Fathers of Texas/Texas
           Fathers Alliance;
     David Allen Shelton, representing Texas Fathers Alliance.

The bill was left pending in committee.

In a public hearing on May 10, 1995, the committee considered a
complete substitute for the bill which was adopted without
objection.  S.B. 1594 was reported favorably as substituted with
the recommendation that it do pass and be printed by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.