SRC-VRA H.B. 913 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 913
By: Goodman (Harris)
Jurisprudence
5/12/2003
Engrossed


BACKGROUND AND PURPOSE 

Under current law, there is a rebuttable presumption that the naming of
parents as joint managing conservators in a suit affecting the
parent-child relationship is in the best interest of the child.  Since the
creation of this presumption, the legislature has amended the Family Code
to reflect this presumption.  However, some of the changes to the Family
Code utilized inconsistent or outdated terminology and do not reflect the
current practice or case law.  H.B. 913 amends the Family Code to make
consistent the terminology and to reflect the current practice and case
law. 


RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 105.001(a)(3), Family Code, by deleting the
word molesting. Amends Family Code, Section 105.001(c)(2) by replacing the
word "parent" with "person." 

SECTION 2.   Amends Section 105.002(c)(1), Family Code, to provide that a
court cannot contravene a jury verdict and that the jury is entitled to
determine whether to impose a geographic restriction on where a joint
managing conservator may designate the child's primary residence; and if
such a restriction is imposed, the jury is entitled to determine the
geographic area within which the joint managing conservator must designate
the child's primary residence.  Amends Family Code, Section 105.002(c)(2)
to provide  that the court may not submit to the jury questions of support
under Chapter 154 or Chapter 159 of the Family Code. 

SECTION  3. Amends Section 151.001(a), Family Code, by replacing the word
"establish" with "designate" regarding a child's residence. 

SECTION 4. Amends Section 152.209(a), Family Code, by not requiring
certain information be provided in a party's first pleading or affidavit
if each party resides in this state.  

SECTION 5. Amends Section 153.008, Family Code, as follows:

Sec.  153.008.  New heading:  CHILD'S PREFERENCE OF PERSON TO DESIGNATE
RESIDENCE.   Authorizes a child to file in writing  the name of a person
who is the child's preference to have the right to designate the primary
residence of the child. 

SECTION 6. Amends Section 153.073(a), Family Code, by deleting the
necessity for a court to order that a conservator receive certain
information regarding the child. 

SECTION 7. Amends Section 153.074, Family Code, by deleting the right of a
parent to consent to emergency medical treatment during periods of
possession. 

SECTION 8. Amends Section 153.076, Family Code, as follows:

 Sec.  153.076.  New heading:  DUTY TO PROVIDE INFORMATION.  Expands the
duty  to provide information concerning the child to conservators of the
child and not just the parents. 

SECTION 9. Amends Section 153.132, Family Code, by replacing the word
"establish" with "designate." 

SECTION 10.  Amends Section 153.133(a), Family Code, by replacing the word
"establish" with "designate." 

SECTION 11.  Amends Section 153.134(b), Family Code, to delete existing
language relating to a geographic area within which the conservator must
maintain the child's primary residence.  

SECTION 12.  Amends Section 153.137, Family Code, by changing terminology
to conform with other amendments. 

SECTION 13.   Amends Section 153.312(a),Family Code, by changing the
weekday visitation from "Wednesdays" to "Thursdays." 

SECTION 14.  Amends Section 153.314, Family Code, by changing the weekday
visitation from "Wednesdays" to "Thursdays." 

SECTION 15.  Amends Section 153.317, Family Code, by changing the weekday
visitation from "Wednesdays" to "Thursdays." 

SECTION 16.  Amends Section 153.371, Family Code, by replacing the word
"establish" with "designate." 

SECTION 17.  Amends Section 155.301(a), Family Code,  to require a court
of this state with continuing, exclusive jurisdiction over suits filed
under the Uniform Child Custody Jurisdiction and Enforcement Act to
transfer the proceeding to the county of residence of the resident party. 

SECTION 18.  Amends Section 156.006(b), Family Code, by replacing the word
"determine" with "designate." 

SECTION 19.  Amends Section 156.101, Family Code, by allowing for
modification of an order for conservatorship and access if there are
changes in circumstances from the earlier of  the date of the signing of a
mediated or collaborative law settlement agreement on which the order is
based. 

SECTION 20.  Amends Section 156.102(a) and (b), Family Code, by allowing
for modification of an order determining that a person has the right to
designate the primary residence of the child within one year of the order
if there are changes in circumstances from the earlier of the date of the
signing of the mediated or collaborative law settlement agreement on which
the order was rendered or the rendition of the order. Additionally amends
Section 156.102(a) and (b) of the Family Code by replacing the word
"determine" with "designate." 

SECTION 21.  Amends Section 156.401(a), Family Code, by allowing for
modification of an order for child support if there are changes in
circumstances from the earlier of the date of the signing of the mediated
or collaborative law settlement agreement on which the order was rendered
or the rendition of the order. 

SECTION 22.  Repeals Sections 105.002(d) and 153.136, Family Code.

SECTION 23.(a)  Effective date:  September 1, 2003. 

  (b)-(g)  Make application of this Act prospective.