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


Office of House Bill AnalysisH.B. 1337
By: Uresti
Juvenile Justice and Family Issues
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a court in a suit for child custody is required to consider any
evidence of intentional use of violence by a party against the party's
spouse.  Some courts have interpreted the statute to limit consideration of
physical abuse to married parents only and have declined to address
domestic violence between unmarried parents.  H.B. 1337 requires 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.    

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.