HBA-JLV, SEP C.S.S.B. 140 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 140
By: Moncrief
Juvenile Justice & Family Issues
3/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law precludes the appointment of persons with a history or pattern
of abuse as joint managing conservators, but does not provide the court
direction regarding decisions about sole managing conservatorship or
conservators with the exclusive right to determine the primary residence of
a child. C.S.S.B. 140 creates a rebuttable presumption that it is not in
the best interest of a child to appoint a parent as the sole managing
conservator or as conservator with exclusive right to determine the primary
residence of a child if the parent has a history or pattern of abuse or
child neglect. 

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

C.S.S.B. 140 amends the Family Code to provide that it is a rebuttable
presumption that the appointment of a parent as the sole managing
conservator of a child or as the conservator who has the exclusive right to
determine the primary residence of a child is not in the best interest of
the child if credible evidence is presented of a history or pattern of past
or present child neglect, or physical or sexual abuse by that parent
directed against the other parent, a spouse, or a child. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 140 modifies the original by adding that it is a rebuttable
presumption that the appointment of a parent as the conservator who has the
exclusive right to determine the primary residence of a child is not in the
best interest of the child if credible evidence is presented of a history
or pattern of past or present child neglect, or physical or sexual abuse by
that parent directed against the other parent, a spouse, or a child.