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.