HBA-JRA H.B. 1411 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1411
By: Naishtat
Juvenile Justice and Family Issues
3/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Family Code prohibits the appointment of a parent with a
history of family violence as a joint managing conservator.  However, sole
managing conservatorship can be awarded to a parent with a history of
family violence.  H.B. 1411 limits a court's ability to award sole managing
conservatorship or unrestricted visitation to a parent with a history of
family violence and authorizes courts to enter visitation orders that
protect children and victims of family violence. 

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 Chapter 101, Family Code, by adding Section 101.0125, as
follows: 

Sec. 101.0125.  FAMILY VIOLENCE.  Provides that "family violence" has the
meaning assigned by Section 71.004 (Family Violence), Family Code. 

SECTION 2.  Amends Section 153.001(a), Family Code, to establish that the
public policy of this state is to provide a safe, stable, and nonviolent
environment for a child. 

SECTION 3.  Amends Section 153.004, Family Code, by amending Subsection (c)
and adding Subsection (d), as follows: 

(c)  Prohibits the court from appointing as sole managing conservator of a
child a parent with a history or pattern of committing family violence
unless the court finds that the person has successfully completed an
authorized battering intervention and prevention program, is not abusing
alcohol or a controlled substance, and appointment of the other parent as
sole managing conservator of the child would endanger the child's physical
health or emotional welfare.  Previously, the court was only required to
consider the commission of family violence when making a determination
regarding the possession of a child by a parent appointed as a possessory
conservator. 

(d)  Prohibits the court from appointing as possessory conservator of a
child a parent with a history or pattern of committing family violence
unless the court finds that awarding possession to the parent would not
endanger the child's physical health or emotional welfare and renders a
possession order that is designed to protect the safety and well-being of
the child and any other person who has been a victim of family violence
committed by the parent.  Authorizes such an order to include a requirement
that the periods of possession be continuously supervised by an entity or
person chosen by the court, the exchange of possession of the child occur
in a protective setting, the parent abstain from the possession or
consumption of alcohol or a controlled substance before or during the
period of possession of the child, or the parent attend and complete an
authorized battering intervention and prevention program. 

SECTION 4.  (a)  Effective date: September 1, 1999.  Provides that this Act
applies to a suit  affecting the parent-child relationship without regard
to whether the suit was commenced before, on, or after that date. 

(b)  Provides that enactment of this Act does not by itself constitute a
material and substantial change of circumstances sufficient to warrant
modification of a court order or portion of a decree that provides for the
possession of or access to a child rendered before the effective date of
this Act. 

SECTION 5.  Emergency clause.