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


Office of House Bill AnalysisC.S.H.B. 596
By: Goodman
Juvenile Justice & Family Issues
3/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Numerous amendments to the Family Code have made it difficult to decipher
which standard to apply when modifying conservatorship.  C.S.H.B. 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

C.S.H.B. 596 amends the Family Code to modify provisions relating to a
temporary order in a suit affecting the parent-child relationship.  

C.S.H.B. 596 authorizes the court to render appropriate orders to allocate
increased expenses on a fair and equitable basis, taking into account the
cause of the increased expenses and the best interest of the child if a
change in residence results in increased expenses for a party having
possession of or access to a child.  The bill provides that the payment of
increased expenses by the party whose residence is changed is rebuttably
presumed to be in the best interest of the child.  The bill authorizes the
court to render an order without regard to whether another change in the
terms and conditions for the possession of or access to the child is made
(Sec. 156.103). 

C.S.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 adjudication for an
offense of committing sexual abuse against or indecency with a child (Sec.
156.104). 

C.S.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 (Sec. 156.101).  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
(Sec. 156.006, 156.101, 156.102, and 156.409). 

C.S.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 (SECTION 8). 

EFFECTIVE DATE

September 1, 2001. 
 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 596 modifies the original to authorize the court to modify an
order or portion of a decree that provides for the appointment of a
conservator of a child if modification would be in the best interests of
the child and the conservator who has the exclusive right to establish the
primary residence of the child has voluntarily relinquished the primary
care and possession of the child to another person for at least six months
(Sec. 156.101).   

C.S.H.B. 596 modifies the original by adding the provision relating to
allocating increased expenses (Sec. 156.103).