SRC-TJG, VRA H.B. 2099 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2099
By: Dutton (West, Royce)
Health & Human Services
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Currently, it is unclear whether the issuance of a family violence
protective order may constitute credible evidence of a history or pattern
of domestic violence for child custody purposes under the Texas Family
Code.  Often victims of domestic violence are forced to re-litigate
evidence of family violence previously determined in a family violence
protective order.   

H.B. 2099 resolves the issue by requiring consideration of a family
violence protective order in custody proceedings.   

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, Family Code, by adding Subsection (f)
to require the court, in determining under this section whether there is
credible evidence of a history or pattern of past or present child neglect
or physical or sexual abuse by a parent directed against the other parent,
a spouse, or a child, to consider whether a protective order was rendered
under Chapter 85, Title 4, against the parent during the two-year period
preceding the filing of the suit or during the pendency of the suit. 
 
SECTION 2.Effective date: September 1, 2003.
  Makes application this Act prospective. 

SECTION 3.  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.