SRC-BWC H.B. 2788 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2788
77R8560 KLA-DBy: Solomons (Duncan)
Jurisprudence
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Current law governing suits affecting the parent-child relationship
provides that there is a district court of continuing jurisdiction.  When a
new court is established, cases are often transferred to that court from
other district courts.  H.B. 2788 clarifies current law to provide that a
new district court to which cases are transferred has continuing exclusive
jurisdiction in any case sent to the new court, including suits affecting
the parent-child relationship.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 24A, Government Code, by adding Section 24.022,
as follows: 

Sec. 24.022.  EFFECT OF TRANSFER OF CERTAIN CASES FOLLOWING CREATION OF
ADDITIONAL COURT.  Authorizes an existing district court in a county, on
the creation of an additional district court in the county, to transfer to
the new court a case regarding a child who is subject to the continuing
exclusive jurisdiction of the existing court under Title 5 (The
Parent-Child Relationship and the Suit Affecting the Parent-Child
Relationship), Family Code, regardless of whether the case is pending in
the existing court or the existing court rendered a final order in the
case.  Provides that the district court to which the case is transferred
under this section acquires continuing exclusive jurisdiction under Title
5, Family Code, over the child. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: upon passage or September 1, 2001.