HBA-KDB, H.B. 596 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 596
By: Goodman
Juvenile Justice & Family Issues
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Numerous amendments to the Family Code have made it difficult to decipher
which standard to apply when modifying conservatorship.  House Bill 596
provides a uniform standard for modification of conservatorship, as well as
providing penalties for conservators convicted of specified sexual
offenses. 

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. 

ANALYSIS

House Bill 596 amends the Family Code to modify provisions relating to a
temporary order in a suit affecting the parent-child relationship.  

H.B. 596  provides that the conviction or deferred adjudication for an
offense involving sexual abuse, aggravated sexual abuse, or indecency with
a child is sufficient to justify a temporary order and modification of an
existing order that provides for the appointment of a conservator or
possession of or access to a child. The bill provides that it is a Class B
misdemeanor if a person  files a  motion to modify an order or portion of a
decree based on the aforementioned grounds and the person knows that the
conservator has not been convicted or received deferred ajudication for an
offense of committing sexual abuse against or indecency with a child. 

H.B. 596 amends provisions that authorize the court to modify an order
establishing conservatorship or possession and access to allow the
modification of a  portion of a decree.  The bill makes uniform references
to a person who has the exclusive right to determine the primary residence
of the child in provisions relating to temporary orders. 

H.B. 596 repeals provisions relating to voluntary relinquishment,
modification from sole managing conservatorship to joint managing
conservatorship, statutory change of circumstance, modification of joint
managing conservatorship, and modification of possession of or access to a
child. 

EFFECTIVE DATE

September 1, 2001.