BILL ANALYSIS



H.B. 655
By: Goodman
03-08-95
Committee Report (Unamended)


BACKGROUND

In its Final Report to the 74th Texas Legislature, the Joint
Interim Committee on the Family Code, composed of Senators Harris,
Brown and Montford and Representatives Goodman, Combs and Thompson,
recommended a total recodification of Title 2 of the Texas Family
Code as drafted by the Family Law Revision Committee of the Family
Law Section of the State Bar of Texas. Title 2 of the Texas Family
Code," Parent and Child", contains the statutes regarding
paternity, conservatorship, possession and support of children,
termination of the parent-child relationship and adoption.  The
Family Law Revision Committee was composed of two (2) members of
the Texas Legislature, a District Judge, a professor of law from UT
School of Law, two (2) attorneys from the Texas Legislative
Council, an official of the Texas Department of Protective and
Regulatory Services, the counsel for the Joint Interim Committee on
Family Law, four (4) family law attorneys in private practice, and
an Assistant Attorney General, Child Support Division.

PURPOSE

The intent of this bill is a nonsubstantive recodification of the
statutes relating to parents and children and suits affecting the
parent - child relationship.  This recodification does not make
changes in the meaning or intent of present law. The basic parts of
Title 2 are located in a new Title 5 and other provisions of Title
2 are reorganized and renumbered.

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.  Revises Title 2 of the Family Code, recodifying laws
relating to limitations on minority, parental liability, and change
of name.  Section 1 also adopts a new Title 5 of the Family Code,
codifying existing law on the parent-child relationship and suits
affecting parent child relationships.  The provisions of title 5
are derived primarily from laws now codified in Title 2.
     The titles are divided into subtitles, chapters, subchapters,
sections, subsections, subdivisions and other numbered or lettered
units in manner consistent with the numbering and arrangement of
other codes and providing for future expansion.

Section 2. Repeals laws codified in the revised Title 2 and new
Title 5, Family Code.

Section 3. A savings and transition clause, preserving the effect
of current law on pending proceedings and previously issued
decrees.

Section 4. Emergency clause

SUMMARY OF COMMITTEE ACTION

H.B. 655 was heard by the committee in a public hearing on 8
February 1995.  The following person testified in favor of the
bill: Jack Sampson, Family Law Revision Committee, Family Law
Section, State Bar of Texas.





The following persons testified neutrally on the bill:
Charles G. Childress, Special Counsel to Child Support Division,
Office of the Attorney General.
        Howard G. Baldwin, Texas Department of Protective and
Regulatory Services.

A motion to report the bill favorably to the House without
amendment carried by the following vote:

Ayes:  Representatives Brady, Cook, De La Garza, Van de Putte and
Goodman (5).

Nays:  None (0).

Present Not Voting:  None (0).

Absent: Representatives Cuellar, Naishtat, Puente and Williamson
(4).