HBA-SEB H.B. 1268 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1268
By: Goodman
Juvenile Justice and Family Issues
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a court which divides property in a divorce case is not required
to identify the value of the parties' community assets under dispute.  If a
party appeals a divorce case involving the division of property,
determining that value may be a difficult task.  H.B. 1268 requires a
court, upon request of a party, to state in writing the character of the
parties' disputed assets, the value of community assets and liabilities,
and the amount of any reimbursement claims and offsets found by the court. 

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 Subchapter H, Chapter 6, Family Code, by adding Section
6.711, as follows: 

Sec. 6.711.  FINDINGS OF FACT AND CONCLUSIONS OF LAW.  (a)  Requires a
court which has rendered a judgment dividing the estate of the parties in a
suit for dissolution of marriage, on request of a party, to state in
writing its findings of fact and conclusions of law concerning the
character of the disputed assets of the parties, the value of the community
assets and liabilities on which disputed evidence has been presented, and
the amount of reimbursement claims and offsets found by the court to be
equitable.  

(b)  Provides that a request for findings of fact and conclusions of law
under this section must conform to the Texas Rules of Civil Procedure. 

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

SECTION 3.  Emergency clause.