BILL ANALYSIS



H.B. 256
By: Thompson
April 4, 1995
Committee Report (Amended)


BACKGROUND

     Domestic relations offices exist throughout Texas and provide
legal services to families, county departments and local courts.
The offices provide legal services consisting of legal enforcement
of child support and visitation, child support registries, Family
Court Services and casework probation for the children of Texas.
There exist numerous local and special laws relating to domestic
relations offices, which contributed to separate provisions
regarding administrative bodies, funding and duties. Because there
are varying provisions the laws regarding domestic offices are
confusing and unwieldy. In addition, although the domestic
relations offices operate solely in the area of family law, the
laws governing these offices are in the Human Resources Code.

PURPOSE

     This bill will provide uniform statutory authority for
domestic relations offices and repeal or revise contradictory and
difficult local statutes that exist in current statutes. This bill
also moves the statutes concerning domestic relations offices from
the Human Resources Code to the Family Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle C, Title 2, Family Code, by adding
Chapter 38 as follows:

  Chapter 38.  DOMESTIC RELATIONS OFFICES

     Sec. 38.001.  Defines "administering entity" and "domestic
relations office".

     Sec. 38.002.  ESTABLISHMENT OF DOMESTIC RELATIONS OFFICE.
Authorizes a   commissioners court to establish a domestic
relations office.

     Sec. 38.003.  ADMINISTRATION.  Requires a domestic relations
office to be   administered by the juvenile board of the county
which the office serves unless     otherwise provided for by the
commissioners' court.  Lists the duties of the 
     administering entity.  Authorizes a commissioners court to
execute a bond for a 
     domestic relations office.

     Sec. 38.004.  POWERS AND DUTIES.  Lists the powers and duties
of a domestic  relations office.  Authorizes a court with proper
jurisdiction to order that child support     payments be made
through a domestic relations office.
     
     Sec. 38.005.  FEES AND CHARGES.  Lists the fees that the
administering entity may 
     authorize a domestic relations office to collect.  Provides
requirements for collection of
     fees.  Authorizes the administering entity to exempt certain
fees.

     Sec. 38.006.  FUND.  Provides for the establishment and
maintenance of a fund for a 
     domestic relations office.  Requires fees collected under this
chapter to be deposited in 
     the county's general fund or the office fund.

     Sec. 38.007.  ACCESS TO RECORDS; OFFENSE.  Authorizes a
domestic relations
     office to obtain certain Department of Public Safety and Texas
Employment Commission 
     records of specified persons.  Authorizes an agency providing
records under this section 
     to charge a domestic relations office a fee.  Prohibits the
domestic relations office from 
     releasing confidential information.  Provides that the release
or disclosure of confidential
     information obtained under this section is a Class C
misdemeanor.  

SECTION 2.  Effective date:  September 1, 1995.  Makes application
of this Act prospective.  

SECTION 3.  Repeals Chapter 151 and Sections 152.0214, 152.1075,
152.2493, 152.2494, and 152.2495 of the Human Resources Code.

SECTION 4.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment #1 adds a commissioner court to the definition
of "administering entity", deletes the requirement of a county with
a population of 1,000,000 or more to establish a domestic relations
office, adds a reasonable fee for preparation of a court-ordered
social study to the list of fees a domestic relations office may be
authorized to collect, and makes clarifying and conforming changes.

SUMMARY OF COMMITTEE ACTION

H.B. 256 was considered in a public hearing on 22 March 1995.

One amendment (1) was offered and adopted without objection.

The following persons testified in favor of the bill:
     Nancy Westerfield, Texas Association of Domestic Relations
Offices;
     Mary Rhoades, Wichita County Family Court Services and Texas
Association of Domestic       Relations Offices;
     David W. Simpson, Texas Association of Domestic Relations
Offices;
     Craig Pardue, Dallas County.

The following person testified against the bill:
     David Shelton, representing himself.

The Chair left HB 256 pending in committee.

On 29 March 1995, HB 256 was reported favorably as amended with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv and 3 absent.