HBA-SEB S.B. 147 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 147
By: Harris
Juvenile Justice and Family Issues
4/7/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law requires a court to consider the best interest of a child when
establishing the child's primary physical residence.  No specific factors
are required to be considered regarding whether each parent can encourage a
positive relationship between each other and the child.  S.B. 147 requires
a court to consider which parent is more likely to encourage or allow
frequent and continued contact between a child and the other parent when
determining the primary physical residence of the child. It also prohibits
a court from designating as a child's primary physical residence the
residence of a parent who has a history of child neglect or physical or
sexual abuse.  

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, to require a court, in
designating a child's primary physical residence, to consider whether a
parent is more likely to allow the child frequent and continuing contact
with the other parent and to facilitate and encourage a close and
continuing parent-child relationship between the child and the other
parent.  Establishes that this consideration is one factor favoring the
designation of a parent's residence as the child's primary physical
residence.  Prohibits the court from designating the residence of a parent
as a child's primary physical residence if credible evidence is presented
of a history or pattern of past or present child neglect or physical or
sexual abuse by that parent against the other parent, a spouse, or a child.

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

SECTION 3.  Emergency clause.