SRC-JJJ S.B. 1711 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1711
76R5519 KLA-DBy: Ellis
Jurisprudence
4/22/1999
As Filed


DIGEST 

In 1995, the Texas Legislature established the presumption that the
appointment of parents of a child as joint managing conservators is in the
best interest of the child.  The provision was amended in 1997 to eliminate
the presumption  that parents should be named joint managing conservators
if violence is in their family history.  When joint managing conservators
are appointed, one party is ordinarily given the right to designate the
primary physical residence of the child, and the other party is generally
ordered to pay child support and is given a standard possession order.
S.B. 1711 would establish provisions regarding a suit for modification of
an order that designates a sole or joint managing conservator of a child. 

PURPOSE

As proposed, S.B. 1711 establishes provisions regarding a suit for
modification of an order that designates a sole or joint managing
conservator of a child. 

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 156A, Family Code, by adding Section 156.007, as
follows: 

Sec. 156.007.  PRESUMPTION OF JOINT MANAGING CONSERVATORSHIP.  Requires the
court, in a suit for modification under Subchapter B or C, to consider that
it is a rebuttable presumption that the appointment of the parents of a
child as joint managing conservators is in the best interest of the child.
Provides that a finding of a history of family violence involving the
parents of a child removes the presumption under this section. 

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

SECTION 3.  Emergency clause.