CJ C.S.H.B. 308 75(R)BILL ANALYSIS


C.S.H.B. 308
By: Toby Goodman
5-1-97
Committee Report (Substituted)




BACKGROUND

In 1995 the legislature changed Section 71.01(b)(1), Family Code, to give
"court", in this section, the meaning of district court, court of domestic
relations, juvenile court or a statutory county court. This took away the
authority of a constitutional county judge to issue a protective order.  


PURPOSE

As proposed, H.B. 308 amends Title 4, Family Code, to include
constitutional county courts in the courts with authority to issue
protective orders. 


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 Section 71.01(b)(1), Family Code, to include a
constitutional county court in the definition of court for purposes of
this section. 


SECTION 2.  Effective date:  September 1, 1997

SECTION 3.  Emergency clause.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute was redrafted to conform to the new code numbers in the
family code as a result of the passage of SB 797 which recodified Title 4
of the Family Code.