HBA-JLV H.B. 2788 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2788
By: Solomons
Judicial Affairs
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

State law governing suits affecting the parent-child relationship provides
that the original district court maintains continuing exclusive
jurisdiction.  When a new court is established cases are often transferred
to that court from other district courts.  This caused confusion as to
which court has continuing exclusive jurisdiction.  House Bill 2788
provides that a new district court to which cases are transferred has
continuing exclusive jurisdiction in any case sent to the new court,
including suits affecting the parent-child relationship. 

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 2788 amends the Government Code to authorize, on the creation of
an additional district court in a county, an existing district court in the
county to transfer to the new court a case regarding a child who is subject
to the continuing exclusive jurisdiction of the existing court, regardless
of whether the case is pending in the existing court or the existing court
rendered a final order in the case.  The bill provides that the district
court to which the case is transferred, acquires continuing exclusive
jurisdiction over the child. 

EFFECTIVE DATE

June 15, 2001.