HBA-AMW, EDN H.B. 597 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 597
By: Goodman
Juvenile Justice & Family Issues
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, a party is entitled to a verdict by the jury, in a jury trial,
on the determination of the primary residence of a child.  Provisions
relating to the determination of a child's primary residence have been
amended numerous times resulting in inconsistent terminology.  House Bill
597 amends the Family Code to provide that such a party is entitled to a
verdict on the designation of the person who shall have the exclusive right
to determine a child's primary 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. 

ANALYSIS

House Bill 597 amends the Family Code to provide that, in a jury trial, a
party is entitled to a verdict by the jury on the designation of the person
who shall have the exclusive right to determine the primary residence of
the child (exclusive right).  The bill authorizes a child 10 years of age
or older to file in writing with the court the name of the sole or joint
managing conservator the child prefers to have the exclusive right, subject
to court approval.  The bill provides that, when a court determines
whether joint managing conservatorship is in the best interest of a child,
the court is to consider the preference of a child 10, rather than 12,
years of age or older regarding who is to have the exclusive right.   H.B.
597 provides that if joint managing conservatorship is ordered, the best
interest of the child ordinarily requires the court to designate which
joint managing conservator has the exclusive right.  The bill also makes
uniform references to a child's primary residence and the child's
preferences for managing conservator. 

EFFECTIVE DATE

September 1, 2001.