BILL ANALYSIS


                                                        S.B. 1594
                                                       By: Harris
                                                    Jurisprudence
                                                          4-12-95
                                       Committee Report (Amended)
BACKGROUND

Section 14.021 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, 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 14.021(e), Family Code, to delete
provisions authorizing the court to appoint the parents as joint
managing conservators of the child in its decree only if the trier
of fact finds by a preponderance of the evidence that the
appointment is in the child's best interest.  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 Section 14.08 or
     14.081, Family Code, of a court order or portion of a decree
     that provides 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.