SRC-BWC S.B. 140 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 140
77R1566 MCK-DBy: Moncrief
Jurisprudence
1/25/2001
As Filed


DIGEST AND PURPOSE 

Currently, a court is prohibited from awarding custody of a child when
there is evidence that a parent neglected, physically abused, or sexually
abused a child, and the court is required to appoint sole custody to the
nonviolent parent.  As proposed, S.B. 140 allows for a rebuttal presumption
that the appointment of a parent as sole managing conservator of a child is
not in the best interest of the child if there is credible evidence of a
history of abuse or family violence. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.004(b), Family Code, to provide that it is a
rebuttable presumption that the appointment of a parent as the sole
conservator 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. 

SECTION 2. Effective date:  September 1, 2001.  Provides that the enactment
of this Act does not by itself constitute a material and substantial change
of circumstances sufficient to warrant modification of a court order or
portion of a decree that provides for the possession of or access to a
child rendered before the effective date of this Act.  Makes application of
this Act prospective.