SRC-BWC S.B. 769 77(R)BILL ANALYSIS


Senate Research CenterS.B. 769
By: Harris
Jurisprudence
5/30/2001
Enrolled


DIGEST AND PURPOSE 

Currently, when a court issues an order regarding custody of a child, the
non-custodial parent does not have to be informed of the parent's right to
file for modification of that order.  S.B. 769 requires a court to notify a
parent of the right to modify an order and the grounds for the
modification. 

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 Section 105.006(f)-(h), Family Code, to require an order
in a suit that provides for the possession of or access to a child,
including an order providing for the modification of possession or access,
to contain a notice informing the parent of a child with whom the child
does not primarily reside under the order of the parent's right to file for
modification of the terms of possession or access for a reason stated in
Section 156.301.  Provides that the notice required under this subsection
must contain the grounds for modification listed in Section 156.301 in a
prominently displayed statement that is in boldfaced type, capital letters,
or underlined and must be specifically worded. 
 
SECTION 2.  Amends Section 231.003, Family Code, to require the Title IV-D
agency to provide that forms used in providing services to members of the
public must contain a notice informing the parents of a child of the right
to modify the terms of a court order providing for the possession of or
access to a child.  Requires the notice to contain the information and be
provided in the manner required by Section 105.006(f). 

SECTION 3.  Effective date:  September 1, 2001.
                       Makes application of this Act prospective.