HBA-PDH H.B. 988 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 988
By: Talton
Juvenile Justice and Family Issues
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the best interest of a child ordinarily requires a court to
designate a primary physical residence for the child if a joint management
conservatorship is ordered.  There are no guidelines for determining the
best interest of a child.  H.B. 988 requires the court to consider specific
factors, including which parent will be more likely to allow the child
frequent and continuing contact with the other parent, to determine the
best interest of a child prior to designating the child's primary physical
residence.  

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 153.136, Family Code, as follows:

Sec. 153.136.  COURT DESIGNATION OF PRIMARY PHYSICAL RESIDENCE. Requires
the court to consider the best interest of a child, including the
evaluation of specific factors, prior to designating a primary physical
residence for the child. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.