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.