House Interim Committee on Judicial Affairs
Charge
Study and make recommendations for the legislature concerning
parental kidnapping laws.
Background
Parental abduction is the taking of a child by a parent in violation
of custody or visitation rights. In most states, parental abduction
and custodial interference is a felony. There are uniform acts,
federal laws, and international treaties that parents can use
to seek the return of abducted children. However, obtaining prosecution
of offenders may be difficult.
Recommendations
Provide for the placement
of abducted children in temporary foster homes.
Clarify that the court which
decided custody has continuing jurisdiction.
Waive disclosure of an abused
contestant.
Provide a presumption that
the married parents have equal access to a child.
Develop uniform procedures
to register and enforce child custody orders interstate.
Create a central statewide
registry for divorce and child custody orders.
Define authority of law enforcement
orders to enforce out-of-state custody orders and provide statutory
immunity to officers enforcing custody orders.
Enter a state-federal agreement
with Mexico concerning support and custody orders.
Allow the Office of Attorney
General Child Support Enforcement Division to enforce contempt
actions for denial of visitation and maintain an in-house process
server.
Study developing model parental
abduction charging and sentencing guidelines.
Reclassify parental abduction
as a third degree felony.
Adopt statutes to flag requests
for school and other records.
Charge
Study and make recommendations for the legislature concerning
the Uniform Transfer on Death Securities Registration Act.
Background
This Act provides a cheap, easy method for uncontested transfers
of securities after a person's death, avoiding the experience
and complexities of probate.
Recommendations
Amend the Act to ensure it
does not supersede constitutional community property rights.
Amend the Act to provide that
a beneficiary of transfer can be liable to creditors up to the
amount of the transfer in the event other assets of the estate
are insufficient.
Amend the Act to provide information
so that consumers are fully informed before making a transfer-on-death
designation.
Charge
Study and make recommendations for the legislature concerning
jury wheel reform and exemptions from jury service.
Background
As part of a national trend to expand jury pools, Texas has added
drivers' license lists to the pool. Many counties claim that
merging voter registration and drivers' license lists to compile
a jury pool creates extra work and expense in eliminating duplicate
names.
Recommendation
Allow all counties to contract
with an entity other than the secretary of state for the purposes
of merging voter registration and drivers' license lists.
Charge
Study and make recommendations for the legislature concerning
development of uniform forms for uncontested, simple divorce and
probate actions.
Background
Several states and counties have support systems for pro se
litigants. The bar, judiciary, and district and county clerks
oppose state policies that would encourage pro se litigation.
Recommendations
None.
Charge
Hold hearings that focus on the Attorney General's Office Child
Support Enforcement Division because of the numerous complaints
on the enforcement of child support payments.
Recommendations
4 Define property
transfers by certain delinquent obligors as fraudulent transfers.
Allow social security numbers
on applications for certain licenses and state employment.
Maintain confidentiality of
family violence victims, even in court records.
Require the division, by September
1, 1997, to submit a plan to the committee and the Speaker of
the House to reduce offensive behavior by division workers.
Require the attorney general
to automatically seek interest on any support arrearages.
Eliminate jury trials in paternity
actions.
Make fathers' in-hospital
designation of paternity conclusive, unless revoked within 60
days.
Authorize IV-D director or
master and the division to require paternity testing.
Amend the license suspension
law to permit suspension if an obligor is more than 90 days delinquent
without having to return to court and first obtain arrearage judgment.
Require the division to seek
court orders that nonpaying obligors enroll in job-training.
Amend Section 107.031, Family
Code, to strike the words, "In a suit filed by a governmental
entity."
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