HBA-SEB H.B. 3786 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3786
By: Reyna, Arthur
Juvenile Justice and Family Issues
4/1/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the Family Code provides for the mandatory transfer from one
county to another of specific suits affecting a parent-child relationship.
H.B. 3786 modifies the Family Code to specify that a court is authorized to
transfer a proceeding if a suit to modify or motion to enforce an order is
filed in a county while a suit to modify or motion to enforce an order is
pending in another county. 

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 155.201, Family Code, by adding Subsection (c),
as follows: 

(c)  Authorizes a court to transfer a proceeding affecting a parent-child
relationship to another county in this state if a suit to modify or a
motion to enforce an order is pending at the time a subsequent suit to
modify or motion to enforce is filed in the other county.  Provides that
this subsection applies only if the court could have transferred the
proceeding at the time the first motion or suit was filed.   

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee Amendment #1

Amends SECTION 1 (proposed Section 155.201(c), Family Code) to delete a
reference to another county in this state as the place of filing a
subsequent suit to modify or motion to enforce an order. As amended,
proposed Section 155.201(c) would authorize a court to transfer a
proceeding affecting a parent-child relationship if a suit to modify or a
motion to enforce an order is pending at the time a subsequent suit to
modify or motion to enforce is filed.