HBA-AMW C.S.H.B. 597 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 597
By: Goodman
Juvenile Justice & Family Issues
3/5/2001
Committee Report (Substituted)



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.  C.S.H.B. 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

C.S.H.B. 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.
C.S.H.B. 597 provides that if joint managing conservatorship is ordered,
the best interest of the child 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 597 differs from the original bill by deleting the term "physical"
from provisions regarding the court designation of the primary residence of
the child.  The substitute differs from the original bill by deleting the
term "ordinarily" to provide that the best interest of the child requires,
rather than ordinarily requires, the court to designate the joint managing
conservator who has the exclusive right to determine the primary residence
of the child.