HBA-LCA H.B. 2688 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2688
By: Reyna, Arthur
Juvenile Justice & Family Issues
4/16/99
Introduced



BACKGROUND AND PURPOSE 

Section 105.001, Family Code (Temporary Orders Before Final Order), does
not require a temporary restraining order to define an injury, state why
the injury is irreparable, or state why the order was granted without
notice.  H.B. 2688 includes a temporary injunction with a temporary
restraining order under the application of these provisions in Section
105.001, and withdraws a court's authority to dispense with setting the
cause for trial on the merits with respect to the ultimate relief
requested. 

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 Sections 105.001(b) and (d), Family Code, as follows:

(b)  Provides that a temporary injunction, in addition to a temporary
restraining order, granted under this section need not include an order
setting the cause for the trial on the merits with respect to the ultimate
relief requested, in addition to not needing to define the injury or state
why the order was granted without notice. 

(d)  Withdraws the court's authorization to dispense with setting the cause
for trial on the merits with respect to the ultimate relief requested.
Makes conforming changes. 

SECTION 2.  Effective date: September 1, 1999.  
           Provides that this Act applies to a suit affecting the
parent-child relationship without           regard to whether the suit was
commenced before, on, or after the effective date. 

SECTION 3.  Emergency clause.