HBA-TYH H.B. 169 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 169 By: Chisum Juvenile Justice and Family Issues 3/11/1999 Introduced BACKGROUND AND PURPOSE Prior to 1970, a divorce could only be granted under Texas law upon a finding of fault by one party to a marriage. Texas' fault provisions included cruelty, adultery, felony conviction, abandonment, living apart, or confinement to a mental hospital. A provision regarding the insupportability of marriage was added in 1970, as a part of a nationwide effort to ease divorce proceedings. As it exists now, Texas' insupportability statute allows the marriage contract to be broken by one of the parties regardless of the wishes of the other party. H.B. 169 requires a six month waiting period before a divorce can be granted, unless domestic violence is involved. 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 6.702, by amending Subsection (a) and adding Subsection (c), Family Code, as follows: (a) Creates this Subdivision from existing text and provides an exception. (c) Prohibits a divorce on the grounds of insupportability within six months of filing a suit for dissolution of the marriage, unless a protective order under Title 4 (Protective Orders and Family Violence) has been granted. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. Effective date: upon passage.