HBA-SEB, PDH C.S.H.B. 753 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 753 By: Smith Juvenile Justice and Family Issues 4/12/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a child who is 12 years old may file a written choice of managing conservator, subject to court approval. Similarly, a 12-year-old child must consent to a change in the child's name. C.S.H.B. 753 lowers that age requirement to permit a child who is at least 10 years old to choose a managing conservator. This bill also calls for a child's consent to the child's name change if the child is at least 10 years old. 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 45.002(b), Family Code, to provide that if a child is 10, rather than 12, years of age or older, the child's written consent to the change of the child's name must be attached to the petition for the change of name. SECTION 2. Amends Section 153.008, Family Code, by decreasing from 12 to 10 years of age the minimum age at which a child may in writing and with court approval choose a managing conservator. SECTION 3. Amends Section 156.006(b), Family Code, to make a conforming change. SECTION 4. Amends Section 156.101(b), Family Code, to make a conforming change. SECTION 5.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the caption of the original. The substitute modifies the original by redesignating SECTIONS 1, 2, and 3 to SECTIONS 2, 5, and 6, respectively. The substitute also adds new SECTIONS 1, 3, and 4, as follows: The substitute modifies the original in SECTION 1 by amending Section 45.002(b), Family Code, to reduce the minimum age requirement at which a child must consent to the child's own name change. As amended, a child who is 10 years of age or older must consent to the name change. The original did not address the name change of a child. The substitute modifies the original in SECTION 3 by amending Section 156.006(b), Family Code, to make a conforming change with respect to the minimum age at which a child may in writing and with court approval choose a managing conservator. The substitute modifies the original in SECTION 4 by amending Section 156.101(b), Family Code, to make a conforming change with respect to the minimum age at which a child may in writing and with court approval choose a managing conservator. The substitute modifies the original in SECTION 5 to make a conforming change in the prospective clause.