SRC-JBJ H.B. 1411 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1411
By: Naishtat (Moncrief)
Jurisprudence
4/30/1999
Engrossed


DIGEST 

Currently, the Family Code prohibits the appointment of a parent with a
history of family violence as a joint managing conservator.  However, sole
managing conservatorship may be awarded to a parent with a history of
family violence.  H.B. 1411 would limit a court's ability to award sole
managing conservatorship or unrestricted visitation to a parent with a
recent history of family violence and authorizes a court to enter
visitation orders that protect children and victims of family violence. 

PURPOSE

As proposed, H.B. 1411 prohibits certain appoints to a conservatorship of
certain children. 

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 Chapter 101, Family Code, by adding Section 101.0125, as
follows: 

 Sec. 101.0125.  FAMILY VIOLENCE.  Defines "family violence."

SECTION 2.  Amends Section 153.001(a), Family Code, to provide that the
public policy of the state is to provide a safe, stable environment for a
child. 

SECTION 3.  Amends Section 153.004, Family Code, to prohibit a court from
appointing as a sole managing conservator of a child a parent who has a
history of committing family violence during the past two years, except
under certain conditions.  Prohibits the court from allowing a parent with
a history of violence from having access to the child unless the court
makes certain finds.  Deletes the requirement that the court consider the
commission of family violence in determinating whether to award the
possession of a child to a parent. 

SECTION 4.  (a)  Effective date: September 1, 1999.  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
of a court order or portion of a degree that provides for the possession of
or access to a child rendered before the effective date of this Act. 

SECTION 5.Emergency clause.