HBA-SEB S.B. 147 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 147 By: Harris Juvenile Justice and Family Issues 4/7/1999 Engrossed BACKGROUND AND PURPOSE Current law requires a court to consider the best interest of a child when establishing the child's primary physical residence. No specific factors are required to be considered regarding whether each parent can encourage a positive relationship between each other and the child. S.B. 147 requires a court to consider which parent is more likely to encourage or allow frequent and continued contact between a child and the other parent when determining the primary physical residence of the child. It also prohibits a court from designating as a child's primary physical residence the residence of a parent who has a history of child neglect or physical or sexual abuse. 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 153.136, Family Code, to require a court, in designating a child's primary physical residence, to consider whether a parent is more likely to allow the child frequent and continuing contact with the other parent and to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent. Establishes that this consideration is one factor favoring the designation of a parent's residence as the child's primary physical residence. Prohibits the court from designating the residence of a parent as a child's primary physical residence if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse by that parent against the other parent, a spouse, or a child. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.