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.