75R9900 GCH-F                           

         By Longoria                                            H.B. No. 247

         Substitute the following for H.B. No. 247:

         By McReynolds                                      C.S.H.B. No. 247

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to retirement benefits earned by a spouse after

 1-3     dissolution of a marriage.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 3, Family Code, as added by

 1-6     Senate Bill No. 334, Acts of the 75th Legislature, Regular Session,

 1-7     1997, is amended by adding Section 3.006 to read as follows:

 1-8           Sec. 3.006.  RETIREMENT BENEFITS EARNED BY SPOUSE AFTER

 1-9     DISSOLUTION OF MARRIAGE.  Retirement benefits earned by a spouse

1-10     after dissolution of marriage are the separate property of that

1-11     spouse, and the court is without jurisdiction to make a division of

1-12     the property.

1-13           SECTION 2.  This Act is intended to clarify the law in effect

1-14     before the effective date of this Act and applies to retirement

1-15     benefits earned by a spouse after dissolution of a marriage without

1-16     regard to whether the dissolution occurs before, on, or after the

1-17     effective date of this Act.

1-18           SECTION 3.  The importance of this legislation and the

1-19     crowded condition of the calendars in both houses create an

1-20     emergency and an imperative public necessity that the

1-21     constitutional rule requiring bills to be read on three several

1-22     days in each house be suspended, and this rule is hereby suspended,

1-23     and that this Act take effect and be in force from and after its

1-24     passage, and it is so enacted.