SRC-LBB H.B. 346 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 346
78R10684 SLO-DBy: Dutton (Whitmire)
Jurisprudence
5/5/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas does not have a statute limiting confinement for civil
contempt.  Recently, Texas and federal courts have had to intervene in the
incarceration of a person who spent over four years in jail for civil
contempt.  H.B. 346 limits confinement for civil contempt in Texas to a
maximum of 18 months.  H.B. 346 also limits confinement for criminal
contempt to an 18-month period. 

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 21.002, Government Code, by amending
Subsections (a), (e), and (f) and adding Subsection (h), as follows: 

 (a)  Authorizes a court to punish for contempt, except as provided by
Subsection (g). 

(e)  Provides that, except as provided by Subsection (h), this section
does not affect a court's power to confine a contemner to compel the
contemner to obey a court order. Makes nonsubstantive changes. 

(f)  Provides that Article 42.033, Code of Criminal Procedure, and Chapter
157, Family Code, apply when a person is punished by confinement for
contempt of court for disobedience of a court order to make periodic
payments for the support of a child. Provides that Subsection (h) does not
apply to that person. 

 (h)  Prohibits a person from being confined for contempt of court longer
than: 

(1)  18 months, including two or more periods of confinement for contempt
arising out of the same matter that equal a cumulative total of 18 months,
if the confinement is for criminal contempt; or 
(2)  the lesser of 18 months or the period from the date of confinement to
the date the person complies with the court order that was the basis of
the finding of contempt, if the confinement is for civil contempt. 

SECTION 2.  (a) and (b) Make application of Section 21.002, Government
Code, retroactive.   
SECTION 3.  Effective date:  upon passage or September 1, 2003.