BILL ANALYSIS

 

 

                                                                                                                                              S.B. 430

                                                                                                                                            By: Harris

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law does not expressly state which party has the burden of proof when seeking an offset to a claim for reimbursement. 

 

As proposed, S.B.430 clarifies that the party making the claim has the burden of proof with respect to the offset.

 

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. 

 

ANALYSIS

 

SECTION 1. Amends Section 3.408, Family Code, by adding Subsection (e), to provide that the burden of proof with respect to an offset to a claim for reimbursement rests with the party seeking the offset.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2007.

 

EFFECTIVE DATE

 

September 1, 2007.