SRC-JJJ S.B. 147 76(R)BILL ANALYSIS


Senate Research CenterS.B. 147
76R2390 JMM-DBy: Harris
Jurisprudence
2/9/1999
Committee Report (Amended)


DIGEST 

Currently, Texas law requires a court to consider several factors regarding
the best interest of a child, including the primary physical residence,
when joint conservatorship is decided.  There are no specific factors
regarding whether each parent can encourage a positive relationship between
each other and the child.  This bill would require the court to consider,
when determining the primary physical residence of a child, which parent is
more likely to encourage or allow frequent and continued contact with the
other parent. 
  
PURPOSE

As proposed, S.B. 147 establishes provisions regarding the designation of
the primary physical address of a child in a suit affecting the
parent-child relationship. 

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 153.136, Family Code, to require the court to
consider as one factor favoring designation of a parent's residence as the
primary residence whether the parent is more likely to facilitate and
encourage contact and a relationship with the other parent, in designating
a child's primary physical residence.  Prohibits the court from designating
a child's primary physical residence as the residence of a parent if
credible evidence is presented of a history or pattern of past or present
child neglect, or physical or sexual abuse by a parent against the other
parent, a spouse, or a child. 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 153.136, Family Code, by adding Subsection (c) to prohibit
the court from designating a child's primary physical residence as the
parent's residence if certain conditions exist.