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.