BILL ANALYSIS



H.B. 2384
By: Longoria
05-04-95
Committee Report (Unamended)


BACKGROUND

Because Texas is a community property state, a couple's assets,
property, and money obtained during the marriage are divided
equally between the two upon divorce.  The same applies to
retirement benefits earned by either spouse.  Current law does not
state that divorced spouses are entitled only to retirement
benefits earned during marriage unless otherwise specified on the
divorce decree.  This discrepancy causes divorced spouses, who
believe they are only forfeiting benefits earned while the couple
was married, to enter into an agreement awarding their spouse half
of their total retirement benefits income even if the spouse worked
for a period of time after the dissolution of the marriage.

PURPOSE

The purpose of this bill is to clarify the law in effect by making
retirement benefits earned after the dissolution of the marriage
separate property of that spouse.  This property would not be
subject to division by a court rendering a decision in the
dissolution of the marriage.

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 Subchapter A, Chapter 5, Family Code, by adding
Section 5.05 to provide that retirement benefits earned by a spouse
after the dissolution of a marriage are the separate property of
that spouse and are not subject to division by a court rendering an
order in a suit to dissolve the marriage.

SECTION 2.  Makes application of this Act retroactive.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 2384 was considered in a public hearing on May 3, 1995.

The following persons testified in favor of the bill:
     Bob Thompson, representing himself.

The Chair moved that H.B. 2384 be reported favorably without
amendment with the recommendation that it do pass and be printed. 
The motion prevailed by a record vote of 7 ayes, 0 nays, 0 pnv, 2
absent.