CN H.B. 1441 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 1441 By: Goodman 2-27-97 Committee Report (Unamended) 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 to title 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 IV, relating to protective orders and family violence. 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. 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 IV of the Family Code, recodifying laws relating to protective orders and family violence. 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 IV chapters follows with the relevant redesignation of citations. Chapter 71. Contains general provisions relating to applicability of definitions including: Court Family Family Violence Household Prosecuting Attorney Chapter 81. (Previously Chapter 71) Contains provisions relating to protective orders including: Entitlement to Protective Orders Fees and Costs Attorneys Fees Applying for Protective Orders Pleadings By Respondent Chapter 83. (Previously Chapter 71) Contains provisions relating to temporary ex parte orders including: Requirements for Temporary Ex Parte Order Motion to Vacate Exclusion of Party From Residence Recess of Hearing to Contact Respondent Chapter 84. (Previously Chapter 71) Contains provisions relating to hearings including: Time Set for Hearing Hearing Rescheduled for Failure of Service Chapter 85. (Previously Chapter 71) Contains provisions relating to Issuance of Protective Orders including: Findings and Orders Separate Protective Orders Required Confidentiality of Certain Information Contents of Protective Orders Delivery of Protective Order Chapter 86. (Previously Chapter 71) Contains provisions relating to Law Enforcement Duties Relating to Protective Orders including: Adoption of Procedures by Law Enforcement Duty to Provide Information to Firearms Dealers Court Order for Law Enforcement Assistance Under Temporary Order Chapter 87. (Previously Chapter 71) Contains provisions relating to modification of protective orders including: Modification of Protective Orders Modification May Not Extend Duration of Order Notification of Motion to Modify Chapter 91. (Previously Chapter 73) Contains provisions relating to reporting family violence including: Definitions Reporting by Witnesses Encouraged Information Provided by Medical Examiners Notice to Adult Victims of Family Violence Chapter 92. (Previously Chapter 73) Contains provisions relating to immunity including: Immunity of persons reporting family violence other than self-reporting or bad faith reports. Section2 . States that Texas Family Code Title IV as it existed before the effective date of the Act is repealed. Section 3. 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 4. Emergency Clause.