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.