HBA-SEB, PDH C.S.H.B. 753 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 753
By: Smith
Juvenile Justice and Family Issues
4/12/1999
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Currently, a child who is 12 years old may file a written choice of
managing conservator, subject to court approval.  Similarly, a 12-year-old
child must consent to a change in the child's name. C.S.H.B. 753 lowers
that age requirement to permit a child who is at least 10 years old to
choose a managing conservator.  This bill also calls for a child's consent
to the child's name change if the child is at least 10 years old.   

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 45.002(b), Family Code, to provide that if a
child is 10, rather than 12, years of age or older, the child's written
consent to the change of the child's name must be attached to the petition
for the change of name. 

SECTION 2.  Amends Section 153.008, Family Code, by decreasing from 12 to
10 years of age the minimum age at which a child may in writing and with
court approval choose a managing conservator. 

SECTION 3.  Amends Section 156.006(b), Family Code, to make a conforming
change. 

SECTION 4.  Amends Section 156.101(b), Family Code, to make a conforming
change. 

SECTION 5.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 6.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the caption of the original.

The substitute modifies the original by redesignating SECTIONS 1, 2, and 3
to SECTIONS 2, 5, and 6, respectively.  The substitute also adds new
SECTIONS 1, 3, and 4, as follows: 

The substitute modifies the original in SECTION 1 by amending Section
45.002(b), Family Code, to reduce the minimum age requirement at which a
child must consent to the child's own name change.  As amended, a child who
is 10 years of age or older must consent to the name change.  The original
did not address the name change of a child. 

The substitute modifies the original in SECTION 3 by amending Section
156.006(b), Family Code, to make a conforming change with respect to the
minimum age at which a child may in writing and with court approval choose
a managing conservator. 

The substitute modifies the original in SECTION 4 by amending Section
156.101(b), Family Code, to make a conforming change with respect to the
minimum age at which a child may in writing and  with court approval choose
a managing conservator. 

The substitute modifies the original in SECTION 5 to make a conforming
change in the prospective clause.