HBA-TYH H.B. 169 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 169
By: Chisum
Juvenile Justice and Family Issues
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

Prior to 1970, a divorce could only be granted under Texas law upon a
finding of fault by one party to a marriage.  Texas' fault provisions
included cruelty, adultery, felony conviction, abandonment, living apart,
or confinement to a mental hospital.  A provision regarding the
insupportability of marriage was added in 1970, as a part of a nationwide
effort to ease divorce proceedings. As it exists now, Texas'
insupportability statute allows the marriage contract to be broken by one
of the parties regardless of the wishes of the other party.  H.B. 169
requires a six month waiting period before a divorce can be granted, unless
domestic violence is involved. 

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 6.702, by amending Subsection (a) and adding
Subsection (c), Family Code, as follows: 

(a)  Creates this Subdivision from existing text and provides an exception.

(c)  Prohibits a divorce on the grounds of insupportability within six
months of filing a suit for dissolution of the marriage, unless a
protective order under Title 4 (Protective Orders and Family Violence) has
been granted. 

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

SECTION 3. Emergency clause.
  Effective date:  upon passage.