BILL ANALYSIS

Juvenile Justice and Family Issues Committee

By: Danburg
May 1, 1995
Committee Report (Unamended)

BACKGROUND

People whose spouses have children by another marriage and have
died intestate are devastated to find out that they do not get all
of their spouse's property.  This is a particular problem in second
marriages with children of both marriages or when much of the
property was accumulated prior to the marriage and is therefore
separate property.

Section 38(b) of the Probate Code controls disposition of property
that is not classified as community property.  Section 45 controls
disposition of the community estate.  Section 45 was amended in the
73rd Legislative Session to solve some of the problems, but since
it only applies to community property when all children are
children of the marriage, it holds people into a false sense of
security.

PURPOSE

As proposed, H.B. 2827 requires applications and affidavits for
marriage licenses to contain printed advisories informing
applicants of the separate and community property laws in this
state and the application of state laws regarding disposition of
separate and community property when a person dies intestate.

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 1.03(b), Family Code, to require a
marriage application form to contain a specific printed advisory
regarding community property laws with spaces provided for
applicants' signatures.  Makes conforming changes.

SECTION 2.  Amends Section 1.05(c), Family Code, to require an
affidavit of an absent applicant to include the printed advisory
regarding disposition of the separate and community property of a
married person and signatures required in Section 1.03(b).  Makes
conforming changes.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

H.B. 2827 was considered in a public hearing on April 5, 1995.

The following person testified in favor of the bill:
     Ella T. Tyler, representing herself.

The bill was left pending in committee.

On April 25, 1995, in a formal meeting, H.B. 2827 was reported
favorably without amendment with the recommendation that it do pass
and be printed by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.