H.B. 889 78(R)    BILL ANALYSIS


H.B. 889
By: Dutton
Juvenile Justice & Family Issues
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Prior to the re-codification of the Family Code, agreements in suits
affecting the parent-child relationship were all addressed under one code
section.  When the non-substantive re-codification of the Family Code took
place, the provisions regarding agreements were divided into two
categories; agreements involving conservatorship, and agreements involving
child support.  The 74th Legislature amended the Family Code to prohibit
the enforcement of agreements in suits affecting the parent-child
relationship as a contract; however, in the non-substantive
re-codification of the Family Code, the provision prohibiting such
agreements as a contract was only carried forward to the code section on
conservatorship and not the code section on child support.   

House Bill 889 amends the Family Code to conform the code section on child
support agreements to the pre-codification provisions and prohibit the
enforcement of such agreements as a contract. 


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.  Section 154.124(c), Family Code, is amended to provide that
the terms of an agreement pertaining to child support are not enforceable
as a contract. 

Section 2.  This Act takes effect September 1, 2003, and applies only to
an agreement concerning child support entered into on or after this date.
An agreement concerning child support entered into before the effective
date of this Act is governed by the law applicable to the agreement before
that date, and the former law is continued in effect for that purpose. 

EFFECTIVE DATE

September 1, 2003.