CN H.B. 1827 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 1827 By: Goodman 3-13-97 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. As a result of their deliberations, several bills were introduced 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. H.B. 327, authored by Representative Toby Goodman, created a new Title III Juvenile Justice Code in the TFC. PURPOSE The purpose of this bill as introduced is to provide for a non-substantive "clean up" of portions of TFC Title V since the major recodification of Title V in H.B. 655. This bill also eliminates redundant passages, clarifies terminology and corrects citation numbers. H.B. 1827 also changes "incompetence" to "incapacitated" which is a broader term, and extends the length of a temporary restraining order (TRO) from 10 days to 14 days for consistency with other provisions. 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. Provides for amending Family Code Sec. 102.004. Adds ADDITIONAL STANDING FOR GRANDPARENT to Sec. 102.004(a). SECTION 2. Provides for amending Family Code Sec. 102.0085(a). Strikes reference to chapter numbers, adds title. SECTION 3. Provides for amending Family Code Sec. 102.012(b). Strikes reference to chapter number. SECTION 4. Provides for amending Family Code Sec. 105.002(c). Strikes "privileges" and "powers" as redundant, adds and joining rights and duties. SECTION 5. Provides for amending Family Code Sec. 106.002(a). Strikes "subtitle." SECTION 6. Provides for amending Family Code Sec. 107.001(d). Strikes "incompetent", adds incapacitated, a broader term inclusive of incompetence. SECTION 7. Provides for amending Family Code Sec. 108.003(a). Strikes chapter reference, adds corrected chapter reference. SECTION 8. Provides for amending Family Code Sec. 109.002(b). Strikes "subtitle." SECTION 9. Provides for amending Family Code Sec. 151.004(a). Strikes "privileges" and "powers" as redundant, joins rights and duties. SECTION 10. Provides for amending Family Code Sec. 152.005(b). Strikes "privileges" and "powers" as redundant, adds and joining rights and duties. SECTION 11. Provides for amending Family Code Sec. 153.074. Adds and to 153.074(3). Strikes 153.074(4) relating rights and duties of parents to consent to medical treatments during an emergency. The struck language is redundant, as these rights exist at all times in Sec. 153.073. SECTION 12. Provides for amending Family Code Sec. 153.432. Adds SUIT FOR ACCESS BY GRANDPARENT. for clarity. SECTION 13. Provides for amending Family Code Sec. 153.433(2)A. Strikes "incompetent", adds incapacitated, a broader term inclusive of incompetence. SECTION 14. Provides for amending Family Code Sec. 155.001(a). Strikes "subtitle", adds title. SECTION 15. Provides for amending Family Code Sec. 155.002. Strikes "subtitle", adds title. SECTION 16. Provides for amending Family Code Sec. 155.101(a)2. Strikes "petition for further remedy" as redundant. SECTION 17. Provides for amending Family Code Sec. 156.003. Strikes "privileges" and "powers" as redundant, adds and joining rights and duties. SECTION 18. Provides for amending Family Code Sec. 156.301. Strikes "privileges" and "powers" as redundant, adds and joining rights and duties. Clarifies chapter reference. SECTION 19. Provides for amending Family Code Sec. 157.003(a). Strikes "subtitle", adds title. SECTION 20. Provides for amending Family Code Sec. 156.109(a). Strikes "or" in subsection (a)1, adds is a person in (a)3 in reference to a person a court may order to execute a bond. SECTION 21. Provides for amending Family Code Sec. 157.165. Strikes "subtitle", adds title. SECTION 22. Provides for amending Family Code Sec. 158.105(b). Strikes "this subchapter", adds Subchapter C. SECTION 23. Provides for amending Family Code Sec. 158.306(b). Strikes "attorney", adds person that, in reference to person filing a notice. SECTION 24. Provides for amending Family Code Sec. 158.309(a). Strikes "attorney", adds person that, in reference to person filing a notice. SECTION 25. Provides for amending Family Code Sec. 158.310(c). Strikes "attorney", adds person, in reference to person filing a notice. SECTION 26. Provides for amending Family Code Sec. 158.312(a). Strikes "attorney who", adds person that, in reference to person filing a notice. SECTION 27. Provides for amending Family Code Sec. 158.315. Strikes "attorney who", adds person that, in reference to person filing a notice, strikes "attorney" adds person in reference to extending support payment period. SECTION 28. Provides for amending Family Code Sec. 158.319. Subsection (a), strikes "attorney", adds a person in reference to filing a notice of withholding. Strikes "attorney", adds person in subsections (b), (c), and (d). SECTION 29. Provides for amending Family Code Sec. 161.001(1)(I). Strikes reference to Chapter 264, adds correct citation Subchapter D, Chapter 261. SECTION 30. Provides for amending Family Code Sec. 162.004(b). Strikes "that provides", adds after an and has elapsed in reference to the court setting a hearing after adequate time for the filing of an adoption social study has elapsed. SECTION 31. Provides for amending Family Code Sec. 162.025. Designates subsection (a). SECTION 32. Provides for amending Family Code Sec. 262.1015(d). Provides that a temporary restraining order (TRO) expires on the fourteenth (14th), not the tenth (10th), in conformity with other TRO's. SECTION 33. States that the change made in Sec. 262.1015(d), as amended by the act applies only to a TRO rendered on or after the effective date of the act. SECTION 24. Emergency Clause.