H.B. 913 78(R)    BILL ANALYSIS


H.B. 913
By: Goodman
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, there is a rebuttable presumption that the naming of
parents as joint managing conservators in suits 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utilized inconsistent or outdated terminology and do not reflect the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.  House Bill 913 amends the Family Code to
make consistent the terminology and to reflect the current practice and
case law. 


RULEMAKING AUTHORITY

It is the committee's opinion that 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 Family Code, Section 105.001(a)(3), by deleting the
word molesting. Amends Family Code, Section 105.001(c)(2) by replacing the
word parent with person. 

SECTION 2.  Amends Family Code, Section 105.002(c)(1) 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 Family Code, Section 151.001(a), by replacing the word
"establish" with "designate." 

SECTION 4.Amends Family Code, Section 152.209(a),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 Family Code, Section 153.008, by replacing the word
choice with preference and provides that a child may 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 Family Code, Section 153.073(a), by deleting the
necessity for a court to order that a conservator receive certain
information regarding the child. 

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

SECTION 8.Amends Family Code, Section 153.076, by expanding the duty to
provide information concerning the child to conservators of the child and
not just the parents. 

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

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

SECTION 11.Amends Family Code, Section 153.137, by changing terminology to
conform with other amendments. 

SECTION 12. Amends Family Code, Section 153.312(a), by changing the
weekday visitation from "Wednesdays" to "Thursdays." 

SECTION 13.Amends Family Code, Section 153.314, by changing the weekday
visitation from "Wednesdays" to "Thursdays." 

SECTION 14.Amends Family Code, Section 153.317, by changing the weekday
visitation from "Wednesdays" to "Thursdays." 

SECTION 15.Amends Family Code, Section 153.371, by replacing the word
"establish" with "designate." 

SECTION 16.Amends Family Code, Section 155.301(a) by providing that a
court of this state with continuing, exclusive jurisdiction over suits
filed under the Uniform Child Custody Jurisdiction and Enforcement Act
shall transfer the proceeding to the county of residence of the resident
party. 

SECTION 17.Amends Family Code, Section 156.006(b), by replacing the word
"determine" with "designate." 

SECTION 18.Amends Family Code, Section 156.101 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 19.Amends Family Code, Section 156.102(a) and (b) 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 20.Amends Family Code, Section 156.401(a), 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 21.Repeals Family Code Sections 105.002(d) and 153.136.

SECTION 22.(a) This Act takes effect September 1, 2003. Prospective
provisions. 
 
EFFECTIVE DATE

September 1, 2003.