HBA-BSM H.B. 594 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 594
By: Goodman
Juvenile Justice & Family Issues
3/5/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently there is no statute that specifically authorizes a party to
request that a court state in writing its findings of fact and conclusions
of law in a suit for dissolution of a marriage in which a court has
rendered a judgment dividing the estate of the parties. House Bill 594
authorizes a party to request such findings of fact and conclusions of law,
which in turn will help these cases be properly reviewed on appeal. 

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 594 amends the Family Code to require a court upon a request to
state in writing its findings of fact and conclusions of law in a suit for
dissolution of a marriage in which a court has rendered a judgment dividing
the estate of the parties.  The bill requires the findings of fact and
conclusions of law to include the character of the disputed assets, 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. 

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 requires the findings of fact and conclusions of
law to include the characterization of each party's assets, liabilities,
claims, and offsets on which disputed evidence has been presented, and the
value or amount of the community estate's assets, liabilities, claims, and
offsets on which disputed evidence has been presented.  The amendment
strikes language that provided that findings of fact and conclusions of law
were required to include the character of the disputed assets, value of the
community assets and liabilities, and the amount of reimbursement claims
and offsets found by the court to be equitable.