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.