CJ C.S.S.B. 299 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
C.S.S.B. 299
By: RATLIFF (RAMSAY)
5-8-97
Committee Report (Substituted)


BACKGROUND 

Currently, counties with populations of less than 1.5 million must hold
hearings on protective orders within 14 days from the date an application
is filed.  Judges in multi-county judicial districts who must rotate among
several areas have difficulty coordinating their rotation schedule to
accommodate protective order hearings every 14 days as well as numerous
other scheduled hearings and trials. This legislation grants all county
judicial districts the same 20-day period in which to hold protective
hearings as is given to counties having a population of 1.5 million or
more.   

PURPOSE

As proposed, the bill establishes the date for a hearing on an application
for a protective order. 

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 Section 84.001(a), Family Code, to authorize a hearing
on an application for a protective order take place not later than 20 days
after the date the application is filed. 

SECTION 2.  Amends Section 84.003, Family Code, to delete the 14 day limit
for a rescheduled hearing.  

SECTION 3. Makes a conforming change.

SECTION 4.   Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 5. Emergency clause.



COMPARISON OF ORIGINAL TO SUBSTITUTE

The original authorized multi county judicial districts to hold hearings
by  20 days after the request is made and the substitute authorizes all
counties to set the hearing date by 20 days after the application is
filed.