CJ C.S.H.B. 646 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 646 2-21-97 Committee Report (Substituted) Introduced BACKGROUND Under the current code provision a jury verdict for custody is binding on the court. However, a verdict for joint managing conservatorship does not tell the court where a child will live. If a jury renders a verdict for joint managing conservatorship, the court then decides who has the right to determine the primary residence of a child. Since a jury finding on the parties rights and duties is not binding on the court, a court may make a decision which thwarts the will of the jury. PURPOSE As proposed, H.B. 646 amends existing Family Code section 105.002 by defining which issues a jury may decide in a suit affecting the parent-child relationship (SAPCR). This bill also clarifies that a court may not contravene a jury verdict on these issues, and which issues are advisory only. 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 105.002, Family Code, by amending Subsection (c) to define the issues a jury can decide in a suit affecting the parent-child relationship. Adds language to clarify which issues a jury may not decide in a SAPCR. Adds Subsection (d) to clarify which issues a court may not contravene and which issues are advisory only. SECTION 2. Effective date, September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute bill contains a nonsubstantive correction in the subsection numbering of the original bill. In the substitute, Subsection 3(d) is corrected to make reference to Subsection (a)(1) and (a)(3) of the bill.