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.