SRC-JEC S.B. 551 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 551
77R3776 JMM-FBy: Van de Putte
Jurisprudence
3/8/2001
As Filed


DIGEST AND PURPOSE 

Currently, several states have statutes that deny child custody and
visitation rights to perpetrators of sexual assault who impregnate their
victims.  Texas has no such statute.  As proposed, S.B. 551 creates a
rebuttable presumption that perpetrators who impregnate their victims will
not be awarded custody of or visitation with children resulting from sexual
assault. 

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 Chapter 153A, Family Code, to add Section 153.0045, as
follows: 

Sec. 153.0045.  CONSERVATORSHIP WHEN PREGNANCY RESULTS FROM CRIMINAL ACT.
Prohibits a court having the jurisdiction of a suit affecting the
parent-child relationship (court), in determining whether to appoint a
party as a sole or joint managing conservator, from appointing a parent if
the court finds by a preponderance of evidence that the parent has engaged
in conduct that constitutes an offense under Section 22.011 (Sexual
Assault) or Section 22.021 (Aggravated Sexual Assault), Penal Code, and as
a direct result of the conduct by the parent, the other parent of the child
became pregnant with the child. 

SECTION 2.  Amends Section 153.191, Family Code, to provide that it is a
rebuttable presumption that the appointment of a parent as possessory
conservator of a child is not in the best interest of the child if the
court finds by a preponderance of the evidence that the parent has engaged
in conduct that constitutes an offense under Section 22.011 or 22.021,
Penal Code, and as a direct result of the conduct by the parent, the other
parent of the child became pregnant with the child. 

SECTION 3.   Effective date: September 1, 2001.
  Makes application of this Act prospective.
Provides that the enactment of this Act does not by itself constitute a
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.