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


Office of House Bill AnalysisC.S.H.B. 1411
By: Naishtat
Juvenile Justice and Family Issues
3/28/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Family Code prohibits the appointment of a parent with a
history of family violence as a joint managing conservator.  However, sole
managing conservatorship can be awarded to a parent with a history of
family violence.  C.S.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 amending Subsection (c)
and adding Subsection (d), as follows: 

(c)  Prohibits the court from appointing as sole managing conservator of a
child 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 unless the court finds that the person has
successfully completed an authorized battering intervention and prevention
program, is not abusing alcohol or a controlled substance, and appointment
of the other parent as sole managing conservator of the child would
endanger the child's physical health or emotional welfare and not be in the
best interest of the child.  Previously, the court was only required to
consider the commission of family violence when making a determination
regarding the possession of a child by a parent appointed as a possessory
conservator. 

(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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 3 by modifying proposed
language in Section 153.004, Family Code, to prohibit a court from
appointing a parent as sole managing conservator or allowing a parent to
have access to, rather than granting possessory conservatorship of, a child
if the parent has a history of family violence and to provide that the
family violence must have occurred in the two years preceding the date of
the filing of the suit or during the pendency of the suit.  Makes
conforming changes. 

The substitute modifies the original in SECTION 4 to make application of
this Act prospective, rather than applicable without regard to whether the
suit was commenced before, on, or after the effective date.