HBA-JLV, KDB H.B. 596 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 596
By: Goodman
Juvenile Justice & Family Issues
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Numerous amendments to the Family Code have made it difficult to decipher
which standard to apply when modifying conservatorship.  House Bill 596
provides a uniform standard for modification of conservatorship, as well as
providing penalties for conservators convicted of specified sexual
offenses. 

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. 

ANALYSIS

House Bill 596 amends the Family Code to modify provisions relating to a
temporary order in a suit affecting the parent-child relationship. The bill
authorizes a child 12 years of age or older, rather than 10 years of age or
older, to choose the managing conservator, by writing filed with the court,
subject to the approval of the court (Sec. 153.008).  The bill requires the
court to interview a child 12 years of age or older, rather than 10 years
of age or older, when the issue of managing conservatorship is contested
and authorizes the court to interview a child under 12 years of age, rather
than under 10 years of age.  

H.B. 596 authorizes the court to render appropriate orders to allocate
increased expenses on a fair and equitable basis, taking into account the
cause of the increased expenses and the best interest of the child if a
change in residence results in increased expenses for a party having
possession of or access to a child. The bill provides that the payment of
increased expenses by the party whose residence is changed is rebuttably
presumed to be in the best interest of the child.  The bill authorizes the
court to render an order without regard to whether another change in the
terms and conditions for the possession of or access to the child is made
(Sec. 156.103). 

H.B. 596  provides that the conviction or deferred adjudication for an
offense involving sexual abuse, aggravated sexual abuse, or indecency with
a child is sufficient to justify a temporary order and modification of an
existing order that provides for the appointment of a conservator or
possession of or access to a child. The bill provides that it is a Class B
misdemeanor if a person  files a  motion to modify an order or portion of a
decree based on the aforementioned grounds and the person knows that the
conservator has not been convicted or received deferred adjudication for an
offense of committing sexual abuse against or indecency with a child (Sec.
156.104).  The bill provides that the conviction or an order deferring
adjudication of a person who is a possessory conservator or a sole or joint
managing conservator for an offense involving family violence is a material
and substantial change of circumstances sufficient to justify a temporary
order and modification of an existing court order or portion of a decree
that provides for the appointment of a conservator or that sets the terms
and conditions of conservatorship or for the possession of or access to a
child.  The bill also provides that a person commits an offense if the
person files a suit to modify an order or portion of a decree based on
certain grounds and the person knows that the person against whom the
motion is filed has not been convicted of an offense, or received deferred
adjudication for an offense, involving family violence (Sec. 156.1045). 

 H.B. 596 amends provisions that authorize the court to modify an order
establishing conservatorship or possession and access to allow the
modification of a  portion of a decree (Sec. 156.101).  The bill makes
uniform references to a person who has the exclusive right to determine the
primary residence of the child in provisions relating to temporary orders
(Sec. 156.006, 156.101, 156.102, and 156.409). 

H.B. 596 amends the Code of Criminal Procedure to provide that if an
attorney representing the state in a criminal case involving family
violence learns that the defendant is subject to the jurisdiction of
another court relating to an order that provides for the appointment of a
conservator or that sets the terms and conditions of conservatorship or for
possession of or access to a child, the attorney representing the state is
required to notify the court in which the defendant is being tried of the
existence of the order and the identity of the court of continuing
jurisdiction.  The bill provides that on the conviction or entry of an
order deferring adjudication of a defendant for an offense involving family
violence, the convicting court or the court entering the order is required
to notify the court of continuing jurisdiction of the conviction or
deferred adjudication (Art. 42.23). 

H.B. 596 repeals provisions relating to voluntary relinquishment,
modification from sole managing conservatorship to joint managing
conservatorship, statutory change of circumstance, modification of joint
managing conservatorship, and modification of possession of or access to a
child (SECTION 8). 

EFFECTIVE DATE

September 1, 2001.