SRC-AAA H.B. 646 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 646
By: Goodman (Harris)
Jurisprudence
4-25-97
Engrossed


DIGEST 

Currently, a jury verdict for custody is binding on the court.  If a jury
renders a verdict for joint managing conservatorship, the court then
decides who has the right to determine the primary residence of the child,
which thwarts the will of the jury.  This bill defines which issues a jury
may decide in a suit affecting the parent-child relationship. 

PURPOSE

As proposed, H.B. 646 defines which issues a jury may decide in a suit
affecting the parent-child relationship. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 105.002, Family Code, by amending Subsection (c)
and adding Subsection (d), to set forth the issues on which a party is and
is not entitled to a verdict by a jury. Deletes existing Subsection (c).
Prohibits the court from contravening a jury verdict on an issue submitted
under Subsection (c)(1).  Provides that a jury verdict on an issue
submitted under Subsection (c)(3) is advisory only. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.