HBA-JRA H.B. 2439 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2439
By: Goodman
Juvenile Justice and Family Issues
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a court is authorized to modify an order designating a sole
managing conservator if a parent requests appointment as a joint managing
conservator, if the court finds that the retention of a sole managing
conservatorship would be detrimental to the welfare of the child.  H.B.
2439 removes the requirement that the court make this finding before
modifying the order. 

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 156.104(a), Family Code, to remove a finding
that retention of a sole managing conservatorship would be detrimental to
the welfare of the child from among the findings which permit a court to
modify an order that designates a sole managing conservator.  Redesignates
existing Subdivision (3) to Subdivision (2). 

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

SECTION 3.  Emergency clause.