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.