BILL ANALYSIS



C.S.S.B. 512
By: Harris, Chris (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.S.B. 512 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.S.B. 512 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.

SUMMARY OF COMMITTEE ACTION

S.B. 512 was considered in a public hearing on April 26, 1995.  The
bill was reported favorably without amendment 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 8
ayes, 0 nays, 0 pnv, 1 absent.

In a public hearing on May 3, 1995, the vote by which S.B. 512 was
reported favorably without amendment was reconsidered without
objection.  The committee considered a complete substitute which
was adopted without objection.  The committee reported the bill
favorably as substituted by a record vote of 8 ayes, 0 nays, 0 pnv,
1 absent.