HBA-AMW S.B. 551 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 551 By: Van de Putte Juvenile Justice & Family Issues 4/23/2001 Engrossed BACKGROUND AND PURPOSE Currently, several states have statutes that deny child custody and visitation rights to perpetrators of sexual assault who impregnate their victims. Texas has no such statute. Senate Bill 551 creates a rebuttable presumption that perpetrators who impregnate their victims as a result of sexual assault or aggravated sexual assault will not be awarded custody or visitation rights. 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 Senate Bill 551 amends the Family Code to prohibit a court, in determining whether to appoint a party as a sole or joint managing conservator, from appointing a parent if the court finds by a preponderance of the evidence that the parent has engaged in conduct that constitutes sexual assault or aggravated sexual assault and, as a direct result of the conduct by the parent, the other parent of the child became pregnant with the child. The bill provides that it is a rebuttable presumption that the appointment of a parent as possessory conservator of a child is not in the best interest of the child if the court finds by a preponderance of the evidence that the parent has engaged in conduct that constitutes sexual assault or aggravated sexual assault and, as a direct result of the conduct by the parent, the other parent of the child became pregnant with the child. The bill specifies that the enactment of the Act does not by itself constitute a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the possession of or access to a child rendered before the effective date of the Act. EFFECTIVE DATE September 1, 2001.