SRC-PNG H.B. 2353 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2353
By: Goodman (Harris)
Jurisprudence
4/29/1999
Engrossed


DIGEST 

Currently, a court rendering an order which appoints parents as a child's
joint managing conservators must establish the county of residence of the
child or designate which conservator has the exclusive right to establish
the child's primary residence.  This bill would require the order, in
addition to designating the conservator having the exclusive right to
establish the primary residence of the child, to either establish the
geographic area within which the conservator shall maintain the child's
primary residence or specify that the conservator may establish the child's
primary residence without regard to geographic location. 

PURPOSE

As proposed, H.B. 2353 requires a court order, in addition to designating
the conservator having the exclusive right to establish the primary
residence of the child, to either establish the geographic area within
which the conservator shall maintain the child's primary residence or
specify that the conservator may establish the child's primary residence
without regard to geographic location. 

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 Section 153.133(a), Family Code, to require a court to
render an order appointing the parents as joint managing conservators of a
child only if a written agreement of the parents filed with the court
contains specific information.  Includes as part of that information a
provision that either establishes the geographic area within which the
conservator who has the exclusive right to establish the child's primary
residence shall maintain the child's primary residence, until modified by
further order, or specifies that the conservator may establish the child's
primary residence without regard to geographic location.  Makes a
conforming change. 

SECTION 2. Amends Section 153.134(b), Family Code, to make conforming
changes. 

SECTION 3. (a) Effective date: September 1, 1999.
   Makes application of this Act prospective.

(b) Provides that the enactment of this Act does not by itself constitute a
material and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides for the
possession of or access to a child rendered before the effective date of
this Act. 

SECTION 4. Emergency clause.