BILL ANALYSIS



C.S.H.B. 1306
By: Dutton
May 6, 1995
Committee Report (Substituted)


BACKGROUND

Family Code, Section 109.003 provides the procedure for obtaining
a statement of facts by a party who is unable to pay for same in
the appeal of a suit affecting the parent-child relationship. 
However, this remedy for payment of the statement of facts is
restricted to Harris County only.  While the aggregate amount paid
out in Harris County in Fiscal '94 totaled less than $12,000, to a
deputy family court reporter dependent solely upon charging for
his/her services, it can result in extreme financial hardship.

Testimony before the Joint Interim Committee on the Family Code
indicated that in numerous documented cases, deputy family court
reporters were required to spend weeks reproducing statements of
fact, including their paying for exhibits without recovering
anything for their services.  Ironically, the courts have no
discretion in these cases.

The Joint Interim Committee, in its Review of the Family Code
recommended that this provision be amended to enable the courts to
award payment for statement of facts upon a finding of indigence as
set forth under Rule 40, Texas Rules of Appellate Procedure.

PURPOSE

As proposed, C.S.H.B. 1306 would permit the court, upon a finding
of indigence, to order the county to pay the costs of preparing the
statement of facts in appealed cases affecting the parent-child
relationship.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 109.003, Family Code, as added by H.B.
655, Acts of the 74th Legislature, 1995, to allow, rather than
require, a court to order a county to pay costs of preparing a
statement of facts if a party is indigent.  Deletes existing
subsection (b), which currently applies this section to Harris
County only.

SECTION 2.  Effective Date:  September 1, 1995.  Makes application
of this Act prospective.  
SECTION 3.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1306 conforms the original bill to the recodification of
Title 2 of the Family Code as enacted by H.B. 655, Acts of the 74th
Legislature, Regular Session, 1995.  The original bill requires the
court to order a county to pay costs for a statement of facts if a
party is indigent, while the substitute version makes this
permissive.

SUMMARY OF COMMITTEE ACTION

H.B. 1306 was considered in a public hearing April 5, 1995.

The following person testified in favor of the bill:     
     L. Dean Cobb, Texas Court Reporters Association.

The following persons testified against the bill:
     Donald Lee, Conference of Urban Counties;
     Jim Allison, County Judges and Commissioners Association of
Texas;
     Craig Pardue, Dallas County.

One (1) amendment was adopted.  H.B. 1306 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, 3 absent.

In a formal meeting on May 6, 1995, the vote by which H.B. 1306 was
reported favorably was reconsidered without objection.  The
committee considered a complete substitute which was adopted
without objection.  H.B. 1306 was reported favorably as substituted
with the recommendation that it do pass and be printed and be sent
to the Committee on Local and Consent Calendars by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.