HBA-JRA C.S.H.B. 1411 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1411 By: Naishtat Juvenile Justice and Family Issues 3/28/1999 Committee Report (Substituted) 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. C.S.H.B. 1411 limits a court's ability to award sole managing conservatorship or unrestricted visitation to a parent with a recent 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 during the two years preceding the date of the filing of the suit or during the pendency of the suit 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 and not be in the best interest of the child. 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 allowing a parent with a history or pattern of committing family violence during the two years preceding the date of the filing of the suit or during the pendency of the suit to have access to a child unless the court finds that awarding the parent access would not endanger the child's physical health or emotional welfare and would be in the best interest of the child 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 access 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. Makes application of this Act prospective. (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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 3 by modifying proposed language in Section 153.004, Family Code, to prohibit a court from appointing a parent as sole managing conservator or allowing a parent to have access to, rather than granting possessory conservatorship of, a child if the parent has a history of family violence and to provide that the family violence must have occurred in the two years preceding the date of the filing of the suit or during the pendency of the suit. Makes conforming changes. The substitute modifies the original in SECTION 4 to make application of this Act prospective, rather than applicable without regard to whether the suit was commenced before, on, or after the effective date.