CJ H.B. 400 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
H.B. 400
By: Goodman
2-21-97
Committee Report (Amended)



BACKGROUND 

In its Final Report to the 74th Texas Legislature, the Joint Interim
Committee on the Family Code recommended a total reorganization of the
Texas Family Code (TFC). The TFC had become an overcrowded and
disorganized code which was difficult to navigate. In response to the
code's condition, several committees were assembled in the fall of 1993 to
oversee the recodification effort including, the Family Law Council
(working with the Legislative Council), and the Joint Committee to Study
the Family Code. The Family Law Council focused on nonsubstantive
recodification while the joint committee investigated substantive changes,
in particular toTitle III (Juvenile Delinquence). Ultimately, the joint
committee integrated the recodification recommendations with its own
improvements to the TFC. 

As a result of their deliberations, the joint committee introduced several
bills during the 74th legislature to recodify the TFC: 

H.B. 655, authored by Representative Toby Goodman, created a new Title V
The Parent-Child Relationship and the Suit Affecting the Parent-Child
Relationship from the former Title II provisions. Title V involves custody
rights, child support, adoption and other provisions relating to
parent-child legal suits. Title II now contains only a few chapters
relating to parental liability for children, changes of name and consent
to treatment. 

H.B. 327, authored by Representative Toby Goodman, created a new Title III
Juvenile Justice Code in the TFC. The purpose of the Juvenile Justice Code
is to increase public safety, offender accountability, and treatment
availability. Key features of TFC Title III include progressive sanctions
guidelines, expansion of offenses receiving a determinate sentence, and
lowering the age a child may be tried as an adult.  

The remaining Titles of the Texas Family Code not recodified as a part of
the initial effort include Title I Husband and Wife, relating to the
marriage relationship, and Title IV Protection of the Family, relating to
protective orders and family violence.  

PURPOSE

The purpose of this bill as introduced is to provide for the
non-substantive recodification of Texas Family Code Title I, relating to
the marriage relationship. This recodification does not make changes in
the meaning or intent of the present law, and is limited to the
reorganization and renumbering of the present text.  

Also: Acts 1971, 62nd Leg., p.2712, Chapter 884, Sec. 3 effective June 10,
1971, amending family code without caption or section number is
appropriately moved to Probate Code Sections 886-886F. 

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. Revises Title 1 of the Family Code, recodifying laws relating
to the marriage relationship. The title is divided into subtitles,
chapters, sections, subsections and other numbered or lettered units in a
manner consistent with numbering and arrangement of other codes and
providing for future expansion. A brief outline of TFC Title 1 chapters
follows with the relevant redesignation of citations. 
 
Chapter 1. Contains provisions relating to Definitions and Public policy. 
(portions of previous Chap. 2 and 1 recodified)  

Chapter 2. Contains provisions relating to the marriage relationship
including: 
(previous Chap. 1 recodified)
Application for Marriage License
Underage Applicants
Ceremony and Return of License
Validity of Marriage
Marriage Without Formalities
Rights and Duties of Spouses.

Chapter 3. Contains provisions relating to marital property and
liabilities, including: 
(previous Chap. 5 recodified)
Separate and Community Property
Management, Control and Disposition of Parental Property
Marital Property Liabilities

Chapter 4. Contains provisions relating to premarital and marital property
agreements, including: 
(previous Chap. 5, subchapter C recodified)
Uniform Premarital Agreement Act
Marital Property Agreements

Chapter 5. Contains provisions relating to homestead rights, including:
Sale of Homestead; General Rule
Sale of Homestead; Unusual Circumstances

Chapter 6. Contains provisions relating to the dissolution of marriage,
including: 
(previous Chap. 3, portions of Chap. 2 recodified)
Grounds for Divorce; Defenses
Grounds for Annulment
Declaring a Marriage Void
Jurisdiction, Venue and Residence Qualifications
Filing Suit
Temporary Orders
Alternative Dispute Resolutions
Trial and Appeal

Chapter 7. Contains provisions relating to the award of marital property.
(portion of previous Chap. 3 recodified)

Chapter 8. Contains provisions relating to maintenance.
(portion of previous Chap. 3 recodified)

Chapter 9. Contains provisions relating to post-decree proceedings,
including: 
(portion of previous Chap. 3 recodified)
Enforcement Following Final Decree
Post-Decree Qualified Domestic Relations Order
Division of Property Following a Decree of Divorce or Annulment
Disposition of Undivided Beneficial Interest

 Section 2. Amends Texas Probate Code, Subpart D, Part 5, Chapter XIII by
adding Sections 886886F relating to appointment of receiver. 

Section 3. States that Texas Family Code Title 1 as it existed before the
effective date of the Act is repealed. 

Section 4. States that the change in law made by the Act does not effect a
proceeding under the Texas Family Code pending on the effective date of
the Act. States that a  proceeding pending on the effective date of the
Act is governed by the law in effect at the time the proceeding began, and
the former law is continued for that purpose.  

Section 5. Emergency Clause. 

EXPLANATION OF AMENDMENT

Committee Amendment 1: Inserts Sec. 6.702 (a) where by the court may not
grant a divorce before the 60th day after the date the suit was filed and
(b) where a waiting period is not required before a court may grant an
annulment or declare a marriage void other than as required in civil cases
generally. 

Sections 2 to 8 of the amendment is a nonsubstantive renumbering of
portions of  Family Code chapter 6.