HBA- SEB H.B. 1071 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1071
By: Gallego
Juvenile Justice and Family Issues
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, if a written agreement that meets certain conditions is filed
with a court by the parents of a child, the court is required to appoint
the parents as joint managing conservators.  If no such agreement is filed,
the court may still appoint the parents as joint managing conservators,
provided that the court's order contains certain provisions.  In either
case, the count of residence must be established for the child in order for
the parents to be appointed as joint managing conservators.  This
requirement may create a burden for a parent who has established residence
in another county.  H.B. 1071 deletes the condition that the parents'
written agreement or the court must designate a county of residence for the
child in order to appoint the parents as the child's joint managing
conservators.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.133(a), Family Code, to delete a provision
stating that before a 3/28/1999 a written agreement between the parents,
the agreement must establish the county of residence of the child until
modified by further order. 

SECTION 2.  Amends Section 153.134(b), Family Code, to delete a requirement
that when a court renders an order appointing joint managing conservators
of a child, the court must establish the county of residence of the child
until altered by further notice. 

SECTION 3.  (a)  Effective date: September 1, 1999.
                  Makes application of this Act prospective.

(b)  Provides that the enactment of this Act does not by itself constitute
a material and substantial change of circumstances under Section 156.401,
Family Code (Grounds for Modification of Child Support), 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. 

SECTION 4.  Emergency clause.