SRC-JEC S.B. 700 77(R)BILL ANALYSIS


Senate Research CenterS.B. 700
77R2995 JMM-DBy: Ellis, Rodney
Jurisprudence
4/18/2001
Committee Report (Amended)


DIGEST AND PURPOSE 

S.B. 700 amends the Family Code to improve the enforcement of child custody
orders. 

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 232, Family Code, as follows:

CHAPTER 232.  New heading:  SUSPENSION OF LICENSE

SECTION 2.  Amends Section 232.003, Family Code, to authorize a court to
issue an order suspending license as provided by this chapter for an
individual for whom a court has rendered an enforcement order under Chapter
157 finding that the individual has failed to comply with the terms of a
court order providing for the possession of or access to a child. 

SECTION 3.  Amends Section 232.005, Family Code, to require a petition
under this chapter to state that license suspension is required under
Section 232.003 and make certain allegations, including the amount of
arrearages owed under the child support order or the facts associated with
the individual's failure to comply with the terms of a court order
providing for the possession of or access to a child. Authorizes a petition
for suspension under Section 232.003(c) to include as an attachment a copy
of the enforcement order rendered under Chapter 157 describing the manner
in which the individual was found to have not complied with the terms of a
court order providing for the possession of or access to a child and the
court order containing the provisions that the individual was found to have
violated. 

SECTION 4.  Amends Section 232.008, Family Code, to require the court or
Title IV-D agency, on making the findings required by Section 232.003, to
render an order suspending the license unless the individual shows good
cause for failure to comply with the subpoena or the terms of the court
order providing for the possession of or access to a child.  Authorizes the
court or Title IV-D agency to stay an order suspending a license
conditioned on the individual's compliance with the requirements of any
court order pertaining to the possession of or access to a child. 

SECTION 5.  Amends Section 232.012, Family Code, to authorize the obligee,
support enforcement agency, court, or Title IV-D agency to file a motion to
revoke the stay of an order suspending license if the individual who is
subject of an order suspending license does not comply with the terms of
any court order pertaining to the possession of or access to a child.
Requires a motion to revoke stay to allege the manner in which the
individual failed to comply with the court order pertaining to possession
of or access to a child.  Makes a conforming change. 

SECTION 6.  Amends Section 232.013, Family Code, to authorize the court or
Title IV-D agency to render an order vacating or staying an order
suspending license if the individual has complied with the  terms of any
court order providing for the possession of or access to a child. 

SECTION 7.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Strikes "or the Title IV-D agency" in SECTION 2.

Replaces "or the court order" with "or the court order pertaining to
possession of or access to a child" in two places in SECTION 5.