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


Senate Research CenterC.S.S.B. 1711
76R13288 KLA-DBy: Ellis
Jurisprudence
4/27/1999
Committee Report (Substituted)


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.
C.S.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, C.S.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.  Amends Section 156.104, Family Code, to require the court, if
the court modifies a sole managing conservator to a joint managing
conservator, to designate the parent who was previously sole managing
conservator as the joint managing conservator who has the  exclusive right
to determine the primary residence of the child, unless the court finds
that certain conditions exist. Deletes text regarding certain circumstances
of a sole managing conservatorship.  Makes conforming changes. 

SECTION 3.  Amends Section 156.301, Family Code, to authorize the court to
modify certain aspects regarding the relative rights, privileges, duties,
and powers of conservators including the notice of a conservator's change
of residence required by Chapter 105, rather than Chapter 153, not being
given, and if the court has modified an order that designates a sole
managing conservator. 
 
SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.



 SUMMARY OF COMMITTEE CHANGES

SECTION 2.  

Amends Section 156.104, Family Code, to establish conditions regarding the
modification of a sole managing conservatorship to a joint managing
conservatorship.  Deletes text regarding certain circumstances of a sole
managing conservatorship.  Makes conforming changes. 

SECTION 3.  

Amends Section 156.301, Family Code, to authorize the court to modify
certain aspects regarding the relative rights, privileges, duties, and
powers of conservators including the notice of a conservator's change of
residence required by Chapter 105, rather than Chapter 153, not being
given, and if the court has modified an order that designates a sole
managing conservator. 
 
SECTIONS 4 and 5.

 Redesignated from proposed SECTIONS 2 and 3.