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.