By: Harris of Tarrant S.B. No. 1399
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the making of a record or statement of facts in
1-2 proceedings affecting the parent-child relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 14.32, Family Code, is
1-5 amended to read as follows:
1-6 (b) Record <Court Reporter>. An enforcement order under
1-7 this subchapter may not be entered if a record of the proceedings
1-8 is not made by a court reporter or as provided by Subchapter A,
1-9 Chapter 54, Government Code, unless:
1-10 (1) the parties agree on entry of the order; or
1-11 (2) when the motion does not seek <if the order seeks>
1-12 incarceration, the parties waive the requirement of a record at the
1-13 time of the hearing, either in writing or in open court and with
1-14 the approval of the court.
1-15 SECTION 2. Section 11.191, Family Code, is amended to read
1-16 as follows:
1-17 Sec. 11.191. PAYMENT FOR STATEMENT OF FACTS. If the party
1-18 requesting a statement of facts in an appeal of a suit affecting
1-19 the parent-child relationship has filed an affidavit stating the
1-20 party's inability to pay costs as provided by Rule 40, Texas Rules
1-21 of Appellate Procedure, and the affidavit is approved by the trial
1-22 court, the trial court shall order the county in which the trial
1-23 was held to pay the costs of preparing the statement of facts.
1-24 <This section shall apply to any county with a population in excess
2-1 of two million according to the most recent federal census.>
2-2 SECTION 3. The change in the law made by this Act applies to
2-3 a proceeding under Subchapter B, Chapter 14, Family Code, in which
2-4 a hearing has not been held before the effective date of this Act.
2-5 SECTION 4. This Act takes effect September 1, 1993.
2-6 SECTION 5. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.