HBA-SEB H.B. 1209 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1209
By: Goodman
Juvenile Justice and Family Issues
2/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, some language in the Family Code involving statements that
appear on legal agreements, orders, and petitions may need 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 (Husband and Wife) 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 Section 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.