BILL ANALYSIS H.B. 1195 By: Bohac Juvenile Justice & Family Issues Committee Report (Unamended) BACKGROUND AND PURPOSE Interested parties note that, because a divorce can be one of the most emotional experiences in a person's life, the more information a person has during the process the better prepared that person will be to make the decisions that lead to an amicable divorce. However, many people are not aware of the divorce options available to them and often believe that there is only a single option. H.B. 1195 seeks to help inform people of their options when they first decide to take the steps to dissolve their marriage. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 1195 amends the Family Code to prohibit an attorney from agreeing to represent a client in a suit for dissolution of marriage unless the attorney provides the client with a disclosure form that includes information about arbitration, mediation, collaborative law, alternatives to retaining an attorney for the dissolution of a marriage, and any other information the state bar requires and unless the client acknowledges in writing that the client has received and understands the disclosure. The bill requires the State Bar of Texas to adopt the required disclosure form not later than January 1, 2016. The bill applies to the representation of a client that begins on or after March 1, 2016. EFFECTIVE DATE September 1, 2015.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 1195
By: Bohac
Juvenile Justice & Family Issues
Committee Report (Unamended)
H.B. 1195
By: Bohac
Juvenile Justice & Family Issues
Committee Report (Unamended)
BACKGROUND AND PURPOSE Interested parties note that, because a divorce can be one of the most emotional experiences in a person's life, the more information a person has during the process the better prepared that person will be to make the decisions that lead to an amicable divorce. However, many people are not aware of the divorce options available to them and often believe that there is only a single option. H.B. 1195 seeks to help inform people of their options when they first decide to take the steps to dissolve their marriage.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 1195 amends the Family Code to prohibit an attorney from agreeing to represent a client in a suit for dissolution of marriage unless the attorney provides the client with a disclosure form that includes information about arbitration, mediation, collaborative law, alternatives to retaining an attorney for the dissolution of a marriage, and any other information the state bar requires and unless the client acknowledges in writing that the client has received and understands the disclosure. The bill requires the State Bar of Texas to adopt the required disclosure form not later than January 1, 2016. The bill applies to the representation of a client that begins on or after March 1, 2016.
EFFECTIVE DATE September 1, 2015.
BACKGROUND AND PURPOSE
Interested parties note that, because a divorce can be one of the most emotional experiences in a person's life, the more information a person has during the process the better prepared that person will be to make the decisions that lead to an amicable divorce. However, many people are not aware of the divorce options available to them and often believe that there is only a single option. H.B. 1195 seeks to help inform people of their options when they first decide to take the steps to dissolve their marriage.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 1195 amends the Family Code to prohibit an attorney from agreeing to represent a client in a suit for dissolution of marriage unless the attorney provides the client with a disclosure form that includes information about arbitration, mediation, collaborative law, alternatives to retaining an attorney for the dissolution of a marriage, and any other information the state bar requires and unless the client acknowledges in writing that the client has received and understands the disclosure. The bill requires the State Bar of Texas to adopt the required disclosure form not later than January 1, 2016. The bill applies to the representation of a client that begins on or after March 1, 2016.
EFFECTIVE DATE
September 1, 2015.