HBA-SEB S.B. 1192 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1192 By: Harris Juvenile Justice and Family Issues 4/20/1999 Engrossed BACKGROUND AND PURPOSE Currently, a person who is alleged to be in violation of an order involving the possessory right of a child must receive a notice of intent to file a suit 31 days before the suit is filed. As a result of this requirement, an absconding parent may avoid service of the notice by disappearing and possibly abducting the child. S.B. 1192 repeals the notice requirement. This bill also deletes a defendant's affirmative defense that the defendant promptly and fully complied with an order after receiving notice of an alleged violation. 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 42.007, Family Code, to delete a provision that authorizes a defendant to plead as an affirmative defense that the defendant promptly and fully complied with an order after receiving notice of an alleged violation of an order involving possessory interest in a child. SECTION 2. Repealer: Section 42.004, Family Code (Notice). SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.