1-1 By: Harris of Tarrant S.B. No. 1399
1-2 (In the Senate - Filed April 21, 1993; April 22, 1993, read
1-3 first time and referred to Committee on Jurisprudence; May 4, 1993,
1-4 reported favorably, as amended, by the following vote: Yeas 5,
1-5 Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-16 Amend S.B. No. 1399 on page 1, following line 48, by inserting a
1-17 new Section 2 as follows and sequentially renumbering subsequent
1-18 sections:
1-19 SECTION 2. Section 11.191, Family Code, is amended to read
1-20 as follows:
1-21 Sec. 11.191. PAYMENT FOR STATEMENT OF FACTS. If the party
1-22 requesting a statement of facts in an appeal of a suit affecting
1-23 the parent-child relationship has filed an affidavit stating the
1-24 party's inability to pay costs as provided by Rule 40, Texas Rules
1-25 of Appellate Procedure, and the affidavit is approved by the trial
1-26 court, the trial court shall order the county in which the trial
1-27 was held to pay the costs of preparing the statement of facts.
1-28 <This section shall apply to any county with a population in excess
1-29 of two million according to the most recent federal census.>
1-30 A BILL TO BE ENTITLED
1-31 AN ACT
1-32 relating to the making of a record in a child support or access
1-33 enforcement proceeding.
1-34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-35 SECTION 1. Subsection (b), Section 14.32, Family Code, is
1-36 amended to read as follows:
1-37 (b) Record <Court Reporter>. An enforcement order under
1-38 this subchapter may not be entered if a record of the proceedings
1-39 is not made by a court reporter or as provided by Subchapter A,
1-40 Chapter 54, Government Code, unless:
1-41 (1) the parties agree on entry of the order; or
1-42 (2) when the motion does not seek <if the order seeks>
1-43 incarceration, the parties waive the requirement of a record at the
1-44 time of the hearing, either in writing or in open court and with
1-45 the approval of the court.
1-46 SECTION 2. The change in the law made by this Act applies to
1-47 a proceeding under Subchapter B, Chapter 14, Family Code, in which
1-48 a hearing has not been held before the effective date of this Act.
1-49 SECTION 3. This Act takes effect September 1, 1993.
1-50 SECTION 4. The importance of this legislation and the
1-51 crowded condition of the calendars in both houses create an
1-52 emergency and an imperative public necessity that the
1-53 constitutional rule requiring bills to be read on three several
1-54 days in each house be suspended, and this rule is hereby suspended.
1-55 * * * * *
1-56 Austin,
1-57 Texas
1-58 May 4, 1993
1-59 Hon. Bob Bullock
1-60 President of the Senate
1-61 Sir:
1-62 We, your Committee on Jurisprudence to which was referred S.B. No.
1-63 1399, have had the same under consideration, and I am instructed to
1-64 report it back to the Senate with the recommendation that it do
1-65 pass, as amended, and be printed.
1-66 Henderson,
1-67 Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 FOR AGAINST ON
2-3 ___________________________________________________________________
2-4 Name: William W. Morris x
2-5 Representing: Family Law Council, State Bar
2-6 City: Houston
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