HBA-JRA H.B. 1462 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1462
By: Dunnam
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a custodial parent was not obligated
to inform the other parent of a child of the custodial parent's marriage to
or intention to marry a sex offender or a person charged with a sex
offense.  H.B. 1462 requires a court to order each parent, if both parents
are appointed as conservators, to inform the other parent of the parent's
residence with, marriage to, or intention to marry a registered sex
offender or a person charged with a sex offense. 

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 153.076, Family Code, as follows:

Sec. 153.076.  PARENTS' DUTY TO PROVIDE INFORMATION.  (a)  Creates
subdivision from existing text. 

(b)  Requires a court to order each parent, if both parents are appointed
as conservators, to inform the other parent of if the parent resides with
for at least 30 days, marries, or intends to marry a person known to the
parent to be a registered sex offender or currently charged with an offense
for which the person would be required to register as a sex offender if
convicted. 

(c)  Provides that the notice must be made as soon as practicable but not
later than 40 days after the parent begins to reside with the person or 10
days after the marriage occurs, as appropriate.  Establishes that the
notice must  include a description of the offense that is the basis of the
person's requirement to register as a sex offender or of the offense with
which the person is charged. 

(d)  Establishes that a person commits a Class C misdemeanor for failing to
provide notice in the manner required by Subsections (b) and (c).   

SECTION 2.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 3.  Emergency clause.