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


Senate Research CenterC.S.H.B. 1411
76R14499 CMR-DBy: Naishtat (Moncrief)
Jurisprudence
5/4/1999
Committee Report (Substituted)


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.  C.S.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, C.S.H.B. 1411 prohibits certain appointments of a
conservatorship for 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, and nonviolent
environment for a child. 

SECTION 3.  Amends Section 153.004, Family Code, by adding Subsection (d),
to prohibit a court from allowing a parent with a  history of violence from
having access to the child unless the court makes certain findings
regarding the 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.



SUMMARY OF COMMITTEE CHANGES

SECTION 2.  

Amends Section 153.001(a), Family Code, to include a nonviolent environment
for a child in the public policy of this state. 

SECTION 3. 

Amends Section 153.004, Family Code, to delete proposed changes to
Subsection (c), regarding prohibitions against appointing certain managing
conservators, and amends Subsection (d), to require a person to abstain
from alcohol for a certain amount of time prior to having access to a
child.