HBA-LCA H.B. 3101 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3101
By: Truitt
Juvenile Justice & Family Issues
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Current law authorizes a court to consider child support guidelines under
Chapter 153, Family Code. In a recent recodification, Chapter 153 was
renumbered as Chapter 154.  H.B. 3101 amends the reference to direct a
court to consider guidelines under Chapter 154, Family Code, when
determining whether there has been a material or substantial change of
circumstances that warrants a modification of a child support order. 

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 156.402(a) and (b), Family Code, as follows: 

(a)  Provides that a court may consider the child support guidelines for
single and multiple families under Chapter 154, Family Code (Child
Support), rather than Chapter 153, Family Code (Conservatorship,
Possession, and Access), to determine whether there has been a material or
substantial change of circumstances that warrants a modification of a child
support order. 

(b)  Makes a conforming change.

SECTION 2.  Amends Section 156.406, Family Code, as follows:

Sec. 156.406.  USE OF GUIDELINES FOR CHILDREN IN MORE THAN ONE HOUSEHOLD.
Requires the court to apply the percentage guidelines for multiple families
under Chapter 154, Family Code (Child Support), rather than Chapter 153,
Family Code (Conservatorship, Possession, and Access), in applying child
support guidelines under this subchapter.   

SECTION 3.  Emergency clause.
  Effective date: 90 days after adjournment.