CJ S.B. 348 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 348
By: Harris (Thompson)
4-3-97
Committee Report (Unamended)


BACKGROUND 

Currently, the law provides that costs be awarded in the same manner as
other civil cases.  However, in suits affecting the parent-child
relationship it is seldom possible to tell who is the prevailing party,
especially given the recent movement toward greater involvement by both
parents. This bill eliminates the requirement that award of cost must be
in the manner as other civil suits, and to allow the court to award costs
in the manner in which the court sees fit.  

PURPOSE

As proposed, S.B. 348 changes the way certain costs are paid in family law
cases. 

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 106.001, Family Code, to delete a provision
authorizing the court to award costs in the same manner as in other civil
cases in a suit under this title and a habeas corpus proceeding. 

SECTION 2. Amends Section 106.002(a), Family Code,  to make a
nonsubstantive change. 

SECTION 3. Amends Section 152.007(g), Family Code, to delete a provision
that payment is to be made to the clerk of the court for remittance to the
proper party. 

SECTION 4. Effective date: September 1, 1997.  Applies to pending actions
regardless of date the suit was commenced. 
  

SECTION 5. Emergency clause. 






CJ S.B. 348 75 (R)