CJ S.B. 947 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 947
By: Patterson(Pitts)
5-8-97
Committee Report (Amended)


BACKGROUND 

Currently, when a parent is given custody of a child in a divorce
proceeding, no finding is made as to which parent would be more likely to
encourage the parent-child relationship.  This bill will require the court
to consider which parent would be more likely to allow the child frequent
and continuing contact with the other parent and to facilitate and
encourage a close and continuing parent-child relationship between the
child and the other parent  when making certain decisions. 

PURPOSE

As proposed, S.B. 947 requires the court to consider which parent would be
more likely to allow the child frequent and continuing contact with the
other parent and to facilitate and encourage a close and continuing
parent-child relationship between the child and the other parent. 

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 153.136, Family Code, to require the court, if
the court designates a primary physical residence for a child, to consider
the best interest of the child including the needs, parental ability,
mutual parental support, parental participation in child rearing, physical
proximity of the two residences, child's preference, if 12 or over,
parental facilitation of joint custody and any other relevant factor.   

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

SECTION 3. Emergency clause.



EXPLANATION OF AMENDMENTS

In SECTION 1 of the bill: The amendment deletes subsection (b)(1) of Sec.
153.136, Family Code.  
It also changes the age of a child from 12 years of age to 10 years of age
in Sec. 153.136(b)(6), Family Code.