HBA-JRA C.S.H.B. 1271 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1271 By: Dutton Juvenile Justice and Family Issues 5/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a court may assess the expenses of attorney's fees against either or both parties in a suit for dissolution of marriage. C.S.H.B. 1271 provides that, in a suit for dissolution of marriage or a suit affecting the parent-child relationship, an award of attorney's fees is not enforceable by contempt of court unless the award is in an action to enforce a court order or award of interim attorney's fees. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter H, Chapter 6, Family Code, by adding Section 6.7085, as follows: Sec. 6.7085. ATTORNEY'S FEES. Provides that an award of attorney's fees in a proceeding under this chapter (Suit for Dissolution of Marriage) is not enforceable by contempt unless the award is in an action to enforce a court order under this title or an award of interim attorney's fees in an action under this title (The Marriage Relationship), notwithstanding any other provision of law. SECTION 2. Amends Section 106.002, Family Code, by adding Subsection (c), as follows: (c) Provides that an award of attorney's fees in a proceeding under this title (The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship) is not enforceable by contempt unless the award is in an action to enforce a court order under this title or an award of interim attorney's fees in an action under this title, notwithstanding any other provision of law. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 (proposed Section 6.7085, Family Code) to provide that an award in an action to enforce a court order or award interim attorney's fees is enforceable by contempt. The substitute modifies the original in SECTION 2 (proposed Section 106.002, Family Code) to provide that an award in an action to enforce a court order or award interim attorney's fees is enforceable by contempt.