HBA-SEB H.B. 1209 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1209 By: Goodman Juvenile Justice and Family Issues 6/28/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, some language in the Family Code involving statements that appear on legal agreements, orders, and petitions may have needed technical changes to create uniformity in their appearance. H.B. 1209 provides that these statements must appear in boldfaced type, all capital letters, or be underlined on the document. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 6.404(b), Family Code, to provide that a statement regarding an alternate dispute resolution in a proceeding under this title (The Marriage Relationship) be prominently displayed in boldfaced type, capital letters, or underlined and be signed by the party in the first pleading filed by the party. Makes a conforming change. SECTION 2. Amends Section 6.602(b), Family Code, to provide that a statement that a mediated settlement agreement in a suit for dissolution of marriage is not subject to revocation be prominently displayed in boldfaced type, capital letters, or underlined on the agreement. Makes a conforming change. SECTION 3. Amends Section 85.026, Family Code, to provide that warning statements regarding the violation of a protective order issued under this subtitle (Protective Orders), including a temporary ex parte order, be prominently displayed in boldfaced type, capital letters, or underlined on the order. Makes conforming changes. SECTION 4. Amends Section 102.0085(b), Family Code, to provide that a statement regarding an alternative dispute resolution in a suit affecting a parent-child relationship be prominently displayed in boldfaced type, capital letters, or underlined on the first pleading filed by a party to such a proceeding. Makes conforming changes. SECTION 5. Amends Sections 105.006(d) and (e), Family Code, as follows: (d) Provides that a statement regarding failure to obey a court order that orders child support or possession of or access to a child be prominently displayed in boldfaced type, capital letters, or underlined on the order. Makes conforming changes. (e) Provides that a statement regarding identifying information of a party to an order that orders child support or possession of or access to a child be prominently displayed in boldfaced type, capital letters, or underlined on the order. Makes conforming changes. SECTION 6. Amends Section 152.005(b), Family Code, to provide that a person outside this state who receives notice for the exercise of jurisdiction under the Uniform Child Custody Jurisdiction Act is entitled to receive notice by citation and commanded to appear by filing a written answer if the action affects the party's rights and duties, rather than the party's rights, privileges, duties, or powers. Makes conforming changes. SECTION 7. Amends Section 153.0071(d), Family Code, to provide that a statement that a mediated settlement agreement in a suit affecting the parent-child relationship is not subject to revocation be prominently displayed in boldfaced type, capital letters, or underlined on the agreement. SECTION 8. Amends Section 155.101(a), Family Code, to delete a provision that if a court in which a petition for further remedy has been filed has already acquired and retains continuing, exclusive jurisdiction in a suit affecting the parent-child relationship, then neither the petitioner nor the court is required to request identification of the court that last had continuing, exclusive jurisdiction of a child. SECTION 9. Amends Section 156.003, Family Code, to provide that a party to a a suit affecting the parent-child relationship is entitled to receive notice by service of citation if the party's rights and duties, rather than the party's rights, privileges, duties, or powers may be affected by a suit for modification. Makes conforming changes. SECTION 10. Amends Section 156.301, Family Code, to authorize a court to modify an order that sets the terms and conditions for possession of or access to a child or that prescribes the conservator's relative rights and duties, rather than rights, privileges, duties, and powers, if the notice of change of a conservator's residence required by Chapter 105 (Settings, Hearings, and Orders), rather than Chapter 153 (Conservatorship, Possession, and Access), was not given. Makes conforming changes. SECTION 11. Amends Section 232.006(c), Family Code, to provide that a statement regarding a petition for suspension of a license be prominently displayed in boldfaced type, capital letters, or underlined on the notice regarding failure to pay child support or to comply with a subpoena. Makes conforming changes. SECTION 12. Amends Section 234.102, Family Code, as added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, by adding a new title, as follows: Sec. 234.102. New title: OPERATION OF NEW HIRE DIRECTORY. SECTION 13. Amends Section 234.103, Family Code, as added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, by adding a new title, as follows: Sec. 234.103. New title: CONTRACTS AND COOPERATIVE AGREEMENTS. SECTION 14. Amends Section 234.104, Family Code, as added by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, by adding a new title, as follows: Sec. 234.104. New title: PROCEDURES. SECTION 15. Makes application of this Act prospective. SECTION 16. Emergency clause. Effective date: upon passage.