HBA-SEB H.B. 1337 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1337
By: Uresti
Juvenile Justice and Family Issues
6/28/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a court in a suit for child custody
was required to consider any evidence of intentional use of violence by a
party against the party's spouse.  Some courts had interpreted the statute
to limit consideration of physical abuse to married parents only and had
declined to address domestic violence between unmarried parents.  H.B. 1337
requires a court to consider as evidence the intentional use of abusive
physical force committed by a party against a parent of a child, the
party's spouse, or any person younger than 18 years of age when the court
determines whether to appoint the party as sole or joint managing
conservator of the child.  This requirement applies if the abuse occurred
within a two-year period preceding the filing of the suit or during the
pendency of the suit.    

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 153.004(a), Family Code, to require a court to
consider intentional use of abusive physical force committed by a party
against a parent of a child, the party's spouse, or any person younger than
18 years of age as evidence in determining whether to appoint the party as
sole or joint managing conservator of the child if the abuse occurred
within a two-year period preceding the filing of the suit or during the
pendency of the suit.  

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

SECTION 3.  Emergency clause.