HBA-CBW, LJP H.B. 1452 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1452
By: Menendez
Juvenile Justice & Family Issues
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Under state law, if the court finds that a person has failed to pay child
support or has been found in contempt of an order of the court, the court
is authorized to place the person on community supervision instead of
confinement in jail.  Community supervision allows the person to pay all
child support arrearages and receive counseling on financial planning,
conflict resolution, and alcohol or drug abuse.  House Bill 1452 authorizes
the court to add requirements relating to seeking employment assistance
services and participating in mediation or other services to alleviate
conditions that prevent a person from obeying the court's 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. 

ANALYSIS

House Bill 1452 amends the Family and Labor codes to authorize a court to
order community supervision that includes the requirement that the
respondent seek employment assistance services offered by the Texas
Workforce Commission (TWC), if appropriate, and participate in mediation or
other services to alleviate conditions that prevent the respondent from
obeying the court's order. The bill requires TWC to provide employment
assistance services to a respondent referred to TWC by a court that places
the respondent on community supervision. 

The bill repeals the court's authorization to place a respondent on
community supervision in which the respondent is required to report to a
corrections department officer and in which a corrections department
officer is permitted to visit the respondent at the respondent's home or
elsewhere. The bill requires the court to deposit community supervision
fees in certain funds contingent on the employment of the community
supervision officer, rather than only in the special fund of the county
treasury. 

The bill authorizes a domestic relations office to file a verified motion
alleging specifically that certain conduct of the respondent constitutes a
violation of the terms and conditions of community supervision. 

EFFECTIVE DATE

September 1, 2001.