Guide to The Recodified Title 1 of The Texas Family Code

The 75th Texas Legislature enacted Senate Bill 334, a recodification of Title 1 of the Texas Family Code. When Governor Bush signed the bill on April 17, 1997, the bill became immediately effective. This means that, unlike most legislation, which becomes law on September 1, 1997, the recodification of Title 1 of the Family Code is effective now. The old Title 1 has been repealed. Section 4 of SB 334 provides:

The change in law made by this Act does not affect a proceeding under the Family Code pending on the effective date of this Act [April 17, 1997]. A proceeding pending on the effective date of this Act is governed by the law in effect at the time the proceeding was commenced, and the former law is continued in effect for that purpose. [Emphasis added]


Clearly, suits for divorce, annulment, enforcement and modification of family court orders, etc., are "proceedings under the Family Code," so pending proceedings of this type are still governed by the old law. It is not so clear, however, what happens to pending proceedings in probate which involve Family Code provisions, such as proceedings involving decedents which involve marital property characterization issues and/or marital property liability issues. Also, the bill has added provisions to the Probate Code regarding a receivership for MIAs.

After the passage of SB 334, the Legislature passed six additional bills making changes to Title 1 of the Family Code: SB 712, SB 798, SB 1253, SB 1478, HB 891 and HB 2069. All of those changes become effective September 1, 1997.

Since it will take West Publishing Company some time to print new pamphlets or pocket parts showing the changes, I have prepared this guide to Title 1 of the Family Code. The guide has three parts:
Description
1 The Statute -- The text of SB 334, which recodified Title 1 of the Family Code, modified to show the changes made to Title 1 of the Family Code by SB 712, SB 798, SB 1253, SB 1478, HB 891 and HB 2069. SB 334 is effective April 17, 1997, while the bills amending it become effective September 1, 1997.
2 Old-to-New Conversion Table --Conversion Table Indexed by Old Section (showing where to find the corresponding new section in the Recodified Title 1)
3 New-to-Old Conversion Table -- Conversion Table Indexed by New Section (showing where to find the corresponding old section in the former Title 1)


Click here to download this Guide in WordPerfect 5.1 Format.



This guide is offered free of charge, and neither I nor my firm warrants the completeness or accuracy of the information contained herein.

Glenn M. Karisch, Ikard & Golden, P. C.


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Copyright © 1997 by Glenn M. Karisch. This page was last revised on June 26, 1997.