HBA-SEB H.B. 2353 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2353
By: Goodman
Juvenile Justice and Family Issues
7/9/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a court rendering an order appointing
parents as a child's joint managing conservators must have established the
county of residence of the child or designate which conservator had the
exclusive right to establish the child's primary residence.  H.B. 2353
requires the order, in addition to designating the conservator having the
exclusive right to establish the primary residence of the child, to either
establish the geographic area within which the conservator shall maintain
the child's primary residence or specify that the conservator may establish
the child's primary residence without regard to geographic location. 

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 153.133(a), Family Code, to require a court to
render an order appointing the parents as joint managing conservators of a
child only if a written agreement of the parents filed with the court
contains specific information.  Includes as part of that information a
provision that either establishes the geographic area within which the
conservator who has the exclusive right to establish the child's primary
residence shall maintain the child's primary residence, until modified by
further order, or specifies that the conservator may establish the child's
primary residence without regard to geographic location.  Makes a
conforming change. 

SECTION 2.  Amends Section 153.134(b), Family Code, to require a court, in
rendering an order appointing joint managing conservators, to establish a
geographic area consisting of the county in which the child is to reside
and any contiguous county within which the conservator shall maintain the
child's primary residence, until modified by further order.  Requires the
court to specify that the conservator may determine the child's primary
residence without regard to geographic location. 

SECTION 3.  (a)  Effective date: September 1, 1999.
                  Makes application of this Act prospective.

(b)  Provides that the 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 4.  Emergency clause.