SRC-VRA H.B. 1497 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1497
78R9567 KLA-DBy: Dutton (Gallegos)
Jurisprudence
5/21/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Family Code requires that a married person petitioning to adopt
an adult be joined by his or her spouse.  This provision has merit, since
the adoption can change inheritance and other matters affecting both
spouses.  However, the Family Code is not clear as to whether the court
can grant the adoption to only one spouse.  The problem occurs when one of
the spouses is adopting an adult stepchild from a prior marriage but his
or her current spouse does not have a relationship with the adoptee.  

H.B.1497 authorizes the court to grant the adult adoption to one or both
of the petitioning spouses. 

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 162.506, Family Code, as follows:
 
(a)  Created from existing text.
 
(b)  Authorizes the court, notwithstanding that both spouses have joined
in a petition for the adoption of an adult as required by Section
162.503(b), to grant the adoption of the adult to both spouses or, on
request of the spouses, to only one spouse. 
 
SECTION 2.  Makes application of Section 162.506, Family Code, as amended
by this Act, prospective. 
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.