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


Office of House Bill AnalysisH.B. 2353
By: Goodman
Juvenile Justice and Family Issues
3/28/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, a court rendering an order which appoints parents as a child's
joint managing conservators must establish the county of residence of the
child or designate which conservator has 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 make conforming
changes. 

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. 

EXPLANATION OF AMENDMENTS

Committee Amendment #1

Amends SECTION 2, by amending proposed Section 153.134(b)(1)(A), Family
Code, to make a nonsubstantive change.