BILL ANALYSIS



C.S.H.B. 2570
By: Brady
05-05-95
Committee Report (Substituted)


BACKGROUND

Texas courts are currently severely overcrowded.  The Legislature
has been unable to create new courts as a result of the refusal of
the U.S. Department of Justice to grant pre-clearance.  Family law
matters relating to the care, custody, and welfare of children make
up a substantial percentage of that court backlog and access to the
district courts is cost prohibitive and very time consuming for
litigants.

PURPOSE

C.S.H.B. 2570 allows a district judge that has jurisdiction over
family matters to refer cases regarding the care, custody, and
welfare of a child to arbitration in an effort to expedite the
litigation process.

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 Chapter 102, Family Code, as added by House Bill
655, Acts of the 74th Legislature, Regular Session, 1995, by adding
Section 102.014 as follows:

     Sec. 102.014.  ARBITRATION.  Allows a party to a suit
affecting the parent-child    relationship to apply to the court in
which their suit is filed for referral to arbitration.      Provides that the parties may agree to participate without an
attorney.  Applies rules of   procedure under Chapter 154, Civil
Practice and Remedies Code to procedures under this    section. 
Allows each party to address the arbitrator for a limited time
established by the  arbitrator.  Allows the arbitrator to recommend
to the court a course of action which is     in the best interest
of the child.  Requires costs to be agreed to by the parties. 
Stipulates     that the court in which the suit was brought is the
court of continuing jurisdiction.  Allows
     an order modified under this section to be modified in the
manner provided by Chapter
     156 and enforced as provided by Chapter 157.

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. 2570 reflects the recodification of Title II, Family Code,
as enacted by House Bill 655, Acts of the 74th Legislature, Regular
Session, 1995.  The substitute bill clarifies that a procedure
under this Act is an arbitration proceeding and clarifies that the
court in which the suit is brought is the court of continuing
jurisdiction.  C.S.H.B. 2570 also clarifies that any order under
this section may be modified in the manner provided by Chapter 156,
and enforced as provided by Chapter 157.



SUMMARY OF COMMITTEE ACTION

H.B. 2570 was considered in a public hearing on April 12, 1995.

The following persons testified in favor of H.B. 2570:
     Norma Willcockson, representing herself;
     Brent Sandbak, representing himself and Texas Fathers;
     Richard G. Eigell, representing himself;
     Patti Derr, representing herself;
     Janice Sager, representing herself;
     Sandra Martin, representing herself.

The following persons testified neutrally on the bill:
     Howard Baldwin, Department of Protective and Regulatory
Services;
     Robert L. Green Jr., representing himself, Primary Nurturing
Fathers of Texas/Texas        Fathers Alliance.

The bill was left pending in committee.

In a public hearing on May 3, 1995, the committee considered a
complete substitute for H.B. 2570 which was adopted without
objection.  The committee reported H.B. 2570 favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.