Texas 2023 88th Regular

Texas House Bill HB2671 Analysis / Analysis

Filed 05/03/2023

                    BILL ANALYSIS             H.B. 2671     By: Cook     Juvenile Justice & Family Issues     Committee Report (Unamended)             BACKGROUND AND PURPOSE    In some counties, courts will not schedule a temporary order hearing until mediation has taken place. This can postpone a hearing for several months. H.B. 2671 seeks to prohibit a court from postponing a hearing later than the 30th day after the date for a hearing is set with respect to certain motions for a temporary order.       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. 2671 amends the Family Code to prohibit the court, as applicable, from postponing a hearing to a date later than the 30th day after the set hearing date under the following conditions:          for a suit for dissolution of a marriage, if the court on its own motion refers to mediation such a suit in which a motion for a temporary order is pending; and          for a suit affecting the parent-child relationship involving certain temporary orders for the safety and welfare of a child, if the court on its own motion refers a pending suit for mediation in which an initial hearing rendition of such a temporary order has not yet occurred.  The bill applies to a suit that is pending in a trial court on the bill's effective date or that is filed on or after that date.       EFFECTIVE DATE    September 1, 2023.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 2671
By: Cook
Juvenile Justice & Family Issues
Committee Report (Unamended)

H.B. 2671

By: Cook

Juvenile Justice & Family Issues

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    In some counties, courts will not schedule a temporary order hearing until mediation has taken place. This can postpone a hearing for several months. H.B. 2671 seeks to prohibit a court from postponing a hearing later than the 30th day after the date for a hearing is set with respect to certain motions for a temporary order.
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. 2671 amends the Family Code to prohibit the court, as applicable, from postponing a hearing to a date later than the 30th day after the set hearing date under the following conditions:          for a suit for dissolution of a marriage, if the court on its own motion refers to mediation such a suit in which a motion for a temporary order is pending; and          for a suit affecting the parent-child relationship involving certain temporary orders for the safety and welfare of a child, if the court on its own motion refers a pending suit for mediation in which an initial hearing rendition of such a temporary order has not yet occurred.  The bill applies to a suit that is pending in a trial court on the bill's effective date or that is filed on or after that date.
EFFECTIVE DATE    September 1, 2023.

BACKGROUND AND PURPOSE 

 

In some counties, courts will not schedule a temporary order hearing until mediation has taken place. This can postpone a hearing for several months. H.B. 2671 seeks to prohibit a court from postponing a hearing later than the 30th day after the date for a hearing is set with respect to certain motions for a temporary order.

 

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. 2671 amends the Family Code to prohibit the court, as applicable, from postponing a hearing to a date later than the 30th day after the set hearing date under the following conditions:

         for a suit for dissolution of a marriage, if the court on its own motion refers to mediation such a suit in which a motion for a temporary order is pending; and

         for a suit affecting the parent-child relationship involving certain temporary orders for the safety and welfare of a child, if the court on its own motion refers a pending suit for mediation in which an initial hearing rendition of such a temporary order has not yet occurred. 

The bill applies to a suit that is pending in a trial court on the bill's effective date or that is filed on or after that date.

 

EFFECTIVE DATE 

 

September 1, 2023.