HBA-SEB H.B. 2353 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2353 By: Goodman Juvenile Justice and Family Issues 7/9/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Texas Legislature, a court rendering an order appointing parents as a child's joint managing conservators must have established the county of residence of the child or designate which conservator had the exclusive right to establish the child's primary residence. H.B. 2353 requires 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. 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 require a court, in rendering an order appointing joint managing conservators, to establish a geographic area consisting of the county in which the child is to reside and any contiguous county within which the conservator shall maintain the child's primary residence, until modified by further order. Requires the court to specify that the conservator may determine the child's primary residence without regard to geographic location. 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.