CN C.S.H.B. 863 75(R)





JUVENILE JUSTICE & FAMILY ISSUES
H.B. 863
By: Goodman
4-24-97
Committee Report (Substituted)


BACKGROUND

If a court divides a marital estate and the division is erroneous, the
test for the appellate court is whether or not the court abused its
discretion.  Knowing the character and value of the property is essential
for the appellate court to determine exactly what division of the marital
estate has been made.  The current rules on filing findings of fact and
conclusions of law are unclear as to the duty of the court to provide
information on the character and value of each asset.  

Current case law indicates a judge does not have to make findings of fact
and conclusions of law regarding characterization and valuation of
specific assets.  Without that information being before the appellate
court, it is virtually impossible to convince a court that a court has
committed error in the division of the marital estate. 


PURPOSE

As proposed, H.B. 863 provides a procedure by which the appellate court
can be provided information on the character and value of the assets so it
can make a proper determination of the correct division of the community
estate.       


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 Chapter 7, Family Code, by adding Section 7.0015 to
establish that the court must make findings of fact and conclusions of law
regarding the character and value of the marital assets.   


SECTION 2.  Effective date, September 1, 1997.  


SECTION 3.  Emergency clause.








 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes no substantive change to the original, rather it
places the new language in Chapter 7, Family Code, by adding Section
7.0015, as added by Senate Bill 334, Acts of the 75th Legislature, Regular
Session, 1997. The original bill placed the language in Subchapter C,
Chapter 3, Family Code, adding Section 3.634.