HBA-JRA H.B. 1411 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1411
By: Naishtat
Juvenile Justice and Family Issues
7/1/1999
Enrolled



BACKGROUND AND PURPOSE 

Currently, the Family Code prohibits the appointment of a parent with a
history of family violence as a joint managing conservator.  Prior to the
76th Legislature, however, sole managing conservatorship could have been
awarded to a parent with a history of family violence.  H.B. 1411 limits a
court's ability to award sole managing conservatorship or unrestricted
visitation to a parent with a recent history of family violence and
authorizes courts to enter visitation orders that protect children and
victims of family violence. 

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 Chapter 101, Family Code, by adding Section 101.0125, as
follows: 

Sec. 101.0125.  FAMILY VIOLENCE.  Provides that "family violence" has the
meaning assigned by Section 71.004 (Family Violence), Family Code. 

SECTION 2.  Amends Section 153.001(a), Family Code, to establish that the
public policy of this state is to provide a safe, stable, and nonviolent
environment for a child. 

SECTION 3.  Amends Section 153.004, Family Code, by adding Subsection (d),
as follows: 

(d)  Prohibits the court from allowing a parent with a history or pattern
of committing family violence during the two years preceding the date of
the filing of the suit or during the pendency of the suit to have access to
a child unless the court finds that awarding the parent access would not
endanger the child's physical health or emotional welfare and would be in
the best interest of the child and unless the court renders a possession
order that is designed to protect the safety and well-being of the child
and any other person who has been a victim of family violence committed by
the parent.  Authorizes such an order to include a requirement that the
periods of access be continuously supervised by an entity or person chosen
by the court, the exchange of possession of the child occur in a protective
setting, the parent abstain from the possession or consumption of alcohol
or a controlled substance before or during the period of possession of the
child, or the parent attend and complete an authorized battering
intervention and prevention program. 

SECTION 4.  (a)  Effective date: September 1, 1999.
Makes application of this Act prospective.

(b)  Provides that 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. 

SECTION 5.  Emergency clause.