1-1 By: Menendez, et al. (Senate Sponsor - Van de Putte) H.B. No. 1452
1-2 (In the Senate - Received from the House March 28, 2001;
1-3 March 29, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 1, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the placement of a person on community supervision in a
1-9 proceeding to enforce an order in a suit affecting the parent-child
1-10 relationship.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 157.211, Family Code, is amended to read
1-13 as follows:
1-14 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
1-15 court places the respondent on community supervision and suspends
1-16 commitment, the terms and conditions of community supervision may
1-17 include the requirement that the respondent:
1-18 (1) report to the community supervision [and
1-19 corrections department] officer as directed;
1-20 (2) permit the community supervision [and corrections
1-21 department] officer to visit the respondent at the respondent's
1-22 home or elsewhere;
1-23 (3) obtain counseling on financial planning, budget
1-24 management, conflict resolution, parenting skills, alcohol or drug
1-25 abuse, or other matters causing the respondent to fail to obey the
1-26 order;
1-27 (4) pay required child support and any child support
1-28 arrearages; [and]
1-29 (5) pay court costs and attorney's fees ordered by the
1-30 court;
1-31 (6) seek employment assistance services offered by the
1-32 Texas Workforce Commission under Section 302.0035, Labor Code, if
1-33 appropriate; and
1-34 (7) participate in mediation or other services to
1-35 alleviate conditions that prevent the respondent from obeying the
1-36 court's order.
1-37 SECTION 2. Section 157.213(c), Family Code, is amended to
1-38 read as follows:
1-39 (c) The court shall deposit the fees received under this
1-40 subchapter as follows:
1-41 (1) if the community supervision officer is employed
1-42 by a community supervision and corrections department, in the
1-43 special fund of the county treasury provided by the Code of
1-44 Criminal Procedure to be used for community supervision; or
1-45 (2) if the community supervision officer is employed
1-46 by a domestic relations office, in one of the following funds, as
1-47 determined by the office's administering entity:
1-48 (A) the general fund for the county in which the
1-49 domestic relations office is located; or
1-50 (B) the office fund established by the
1-51 administering entity for the domestic relations office.
1-52 SECTION 3. Section 157.214, Family Code, is amended to read
1-53 as follows:
1-54 Sec. 157.214. MOTION TO REVOKE COMMUNITY SUPERVISION. A
1-55 prosecuting attorney, the Title IV-D agency, a domestic relations
1-56 office, or a party affected by the order may file a verified motion
1-57 alleging specifically that certain conduct of the respondent
1-58 constitutes a violation of the terms and conditions of community
1-59 supervision.
1-60 SECTION 4. Section 302.0035, Labor Code, is amended to read
1-61 as follows:
1-62 Sec. 302.0035. EMPLOYMENT ASSISTANCE PROGRAM FOR CERTAIN
1-63 PARENTS. The commission shall provide employment assistance
1-64 services, including skills training, job placement, and
2-1 employment-related services, to a person referred to the commission
2-2 by:
2-3 (1) the Title IV-D agency under Chapter 231, Family
2-4 Code; or
2-5 (2) a court under Section 157.211, Family Code.
2-6 SECTION 5. (a) This Act takes effect September 1, 2001.
2-7 (b) The change in law made by this Act to Section 157.211,
2-8 Family Code, applies only to a court order placing a person on
2-9 community supervision rendered on or after the effective date of
2-10 this Act. An order rendered before the effective date of this Act
2-11 is governed by the law in effect on the date the order was
2-12 rendered, and the former law is continued in effect for that
2-13 purpose.
2-14 (c) The change in law made by this Act to Section
2-15 157.213(c), Family Code, applies only to the deposit of a fee paid
2-16 to a court under Section 157.213, Family Code, on or after the
2-17 effective date of this Act. A fee paid before the effective date
2-18 of this Act shall be deposited as required by the law in effect on
2-19 the date the fee was paid, and the former law is continued in
2-20 effect for that purpose.
2-21 * * * * *