HBA-JLV, KDB H.B. 596 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 596 By: Goodman Juvenile Justice & Family Issues 7/17/2001 Enrolled BACKGROUND AND PURPOSE Numerous amendments to the Family Code have made it difficult to decipher which standard to apply when modifying conservatorship. House Bill 596 provides a uniform standard for modification of conservatorship, as well as providing penalties for conservators convicted of specified sexual offenses. 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. ANALYSIS House Bill 596 amends the Family Code to modify provisions relating to a temporary order in a suit affecting the parent-child relationship. The bill authorizes a child 12 years of age or older, rather than 10 years of age or older, to choose the managing conservator, by writing filed with the court, subject to the approval of the court (Sec. 153.008). The bill requires the court to interview a child 12 years of age or older, rather than 10 years of age or older, when the issue of managing conservatorship is contested and authorizes the court to interview a child under 12 years of age, rather than under 10 years of age. H.B. 596 authorizes the court to render appropriate orders to allocate increased expenses on a fair and equitable basis, taking into account the cause of the increased expenses and the best interest of the child if a change in residence results in increased expenses for a party having possession of or access to a child. The bill provides that the payment of increased expenses by the party whose residence is changed is rebuttably presumed to be in the best interest of the child. The bill authorizes the court to render an order without regard to whether another change in the terms and conditions for the possession of or access to the child is made (Sec. 156.103). H.B. 596 provides that the conviction or deferred adjudication for an offense involving sexual abuse, aggravated sexual abuse, or indecency with a child is sufficient to justify a temporary order and modification of an existing order that provides for the appointment of a conservator or possession of or access to a child. The bill provides that it is a Class B misdemeanor if a person files a motion to modify an order or portion of a decree based on the aforementioned grounds and the person knows that the conservator has not been convicted or received deferred adjudication for an offense of committing sexual abuse against or indecency with a child (Sec. 156.104). The bill provides that the conviction or an order deferring adjudication of a person who is a possessory conservator or a sole or joint managing conservator for an offense involving family violence is a material and substantial change of circumstances sufficient to justify a temporary order and modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to a child. The bill also provides that a person commits an offense if the person files a suit to modify an order or portion of a decree based on certain grounds and the person knows that the person against whom the motion is filed has not been convicted of an offense, or received deferred adjudication for an offense, involving family violence (Sec. 156.1045). H.B. 596 amends provisions that authorize the court to modify an order establishing conservatorship or possession and access to allow the modification of a portion of a decree (Sec. 156.101). The bill makes uniform references to a person who has the exclusive right to determine the primary residence of the child in provisions relating to temporary orders (Sec. 156.006, 156.101, 156.102, and 156.409). H.B. 596 amends the Code of Criminal Procedure to provide that if an attorney representing the state in a criminal case involving family violence learns that the defendant is subject to the jurisdiction of another court relating to an order that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for possession of or access to a child, the attorney representing the state is required to notify the court in which the defendant is being tried of the existence of the order and the identity of the court of continuing jurisdiction. The bill provides that on the conviction or entry of an order deferring adjudication of a defendant for an offense involving family violence, the convicting court or the court entering the order is required to notify the court of continuing jurisdiction of the conviction or deferred adjudication (Art. 42.23). H.B. 596 repeals provisions relating to voluntary relinquishment, modification from sole managing conservatorship to joint managing conservatorship, statutory change of circumstance, modification of joint managing conservatorship, and modification of possession of or access to a child (SECTION 8). EFFECTIVE DATE September 1, 2001.