C.S.H.B. 885 78(R)    BILL ANALYSIS


C.S.H.B. 885
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is no provision in the Family Code that specifies that
earnings and other income are subject to partition or exchange by spouses,
which often times leads to some confusion. Also, there is no provision in
the Family Code that would allow courts to treat  property acquired in
other jurisdictions, as separate property, which if acquired in Texas
would be separate property.  

C.S.H.B.885 provides  that property that is the subject  of a partition or
exchange agreement does include future earnings and income, and provides
that in a decree for divorce or annulment, property acquired in another
state, or property acquired by the person in exchange for real or personal
property, be treated as separate property if that property would have been
deemed separate property in Texas at the time of acquisition. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 3.403, Family Code, by amending Subsection (b)
and adding Subsection (b-1), which provides that the amount of the claim
under this section is equal to the product of the equity in the benefited
property on the date of dissolution of the marriage, the death of a
spouse, or disposition of the property; multiplied by a fraction of which:
(A) the numerator is the economic contribution to the property owned by
the benefited marital estate by the contributing marital estate and, (B)
the denominator is an amount equal to the sum of the economic contribution
to the property owned by the benefited marital estate by the contributing
marital estate; and the contribution by the benefited estate to the equity
in the property owned by the benefited estate.  Subsection (b-1) provides
guidelines for  measuring the amount of contribution by determining if the
benefited estate is the community property estate or if the benefited
estate is the separate property estate of the spouse. 
 
SECTION 2.Amends Section 4.102, Family Code, which provides that at any
time, the spouses may partition or exchange between themselves all or part
of their community property, then existing or to be acquired. The
partition or exchange of property includes earnings and income arising
from the property as the separate property of the owning spouse unless the
spouses agree in a record that the future earnings and income will be
community property after the partition or exchange. 

SECTION 3.   Amends Section 7.002(a), Family Code, to read DIVISION AND
DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES. This
provision would allow a court to treat property acquired in other
jurisdictions as separate property, which if acquired in this state  would
be separate property. The division  of real and personal property may
include the partition or exchange of income and earnings from all or part
of the parties' property, wages, salaries, and other forms of compensation
to be effective on January 1 of the year in which the suit for dissolution
of marriage was filed or a later year during which the parties were
married for any part of the year. 

SECTION 4.This Act takes effect September 1, 2003. The change in law made
by this Act by the amendment of Section 4.102, Family Code, applies only
to an agreement to partition or exchange property made on or after the
effective date of this Act. The changes in law made by this Act by the
amendment of Sections 3.403 and 7.002, Family Code, apply to a suit for
dissolution of a marriage pending before a trial court on or filed on or
after the effective date of this Act. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.885 modifies the original H.B.885 by amending Section 3.403,
Subsection (b), Family Code and adding Subsection (b-1). C.S.H.B.885
additionally provides that the partition or exchange of property includes
earnings and income arising from the property as the separate property of
the owning spouse unless the spouses agree in a record that the future
earnings and income will be community property after the partition or
exchange. Lastly, the substitute provides that the division  of real and
personal property may include the partition or exchange of income and
earnings from all or part of the parties' property, wages, salaries, and
other forms of compensation to be effective on January 1 of the year in
which the suit for dissolution of marriage was filed or a later year
during which the parties were married for any part of the year.