H.B. 2099 78(R)    BILL ANALYSIS


H.B. 2099
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Amended)



BACKGROUND 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.   

House Bill 2099 resolves the issue by requiring consideration of a family
violence protective order in custody proceedings.  Moreover, the bill will
assist victims of domestic violence who may be unable to afford or obtain
legal representation in family law matters subsequent to a protective
order proceeding.  Lastly, the bill will prevent duplicative litigation
and conserve judicial resources. 

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 Section 153.004, Family Code, by adding Subsection (f)
which provides for consideration of an protective order 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 for a
determination of 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.  

Section 2. This Act takes effect September 1, 2003, and applies only to an
order in a suit affecting the parent-child relationship rendered on or
after that date, without regard to whether the suit was filed before, on,
or after that date. 

Section 3. 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. 


EFFECTIVE DATE

September 1, 2003.


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 provides for consideration of an protective
order rendered under Chapter 85, against the parent during the two-year
period preceding the filing of the suit or, 
during the pendency of the suit for a determination of 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.