HBA-DMD, MAJ H.B. 414 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 414
By: Talton
Juvenile Justice and Family Issues
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Current Texas law allows parents who were convicted of first degree murder
to have visitation privileges with their children even if the victim was
the other parent.  H.B. 414 prohibits the convicted parent from being
appointed the child's sole or joint managing conservator unless the child
is twelve years of age or older and gives written consent to the
appointment.  The bill prohibits the convicted parent from having access to
the child without the consent of the child's nonparent managing
conservator. 

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 Subchapter A, Chapter 153, Family Code, by adding
Section 153.0045, to prohibit the court from appointing a child's parent as
a sole or joint managing conservator if the parent has been convicted of an
offense under Section 19.02(c), Penal Code (Murder, Felony of the First
Degree) if the victim of which was the other parent of the child.
Authorizes the court to appoint as possessory conservator a parent
prohibited to be sole or joint managing conservator of a child under
Subsection (a) only if the child is 12 years old or older and the child
files written consent to the appointment with court. 

SECTION 2.  Amends Section 153.131(a), Family Code, to make conforming and
nonsubstantive changes. 

SECTION 3.  Amends Subchapter G, Chapter 153, Family Code, by adding
Section 153.3725, to require the court to order that a person may not allow
a parent convicted of an offense under Section 19.02 (c), Penal Code
(Murder, Felony of the First Degree),  to have access to the child unless
the person allowing access has obtained consent of a nonparent managing
conservator, except if the court has appointed the child's convicted parent
as possessory conservator under Section 153.0045. Provides that the court
order is enforceable by contempt for anyone who knowingly violates the
terms of the order. 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.