Highlights of the 79th Texas Legislature - Senate

JURISPRUDENCE
Release by Comptroller of Unclaimed Property for Child Support Lien—H.B. 81
by Representative Riddle—Senate Sponsor: Senator Janek
Currently, if someone who owes child support has unclaimed property with the Office of the Comptroller of Public
Accounts (comptroller), this property is immune from seizure to pay child support arrearages. This bill:
Authorizes the comptroller to approve a claim for child support arrearages against unclaimed property belonging to a
person against whom a child-support lien has been levied.
Provides that a claim under this Act may be submitted by the lienholder or the attorney general on behalf of the
lienholder.
Prohibiting Actions Alleging Weight Gain From Food Products—H.B. 107
By Representative Van Arsdale et al.—Senate Sponsor: Senator Carona
Throughout the United States, there have been several civil actions against food manufacturers or sellers for
damages resulting from weight gain or obesity due to long-term consumption of a food product. Fourteen states
have enacted legislation prohibiting such actions. This bill:
Contains definitions, including "food," "manufacturer," and "seller."
Provides that a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable for
any claim alleging weight gain or obesity, a health condition associated with weight gain or obesity, or any other
condition allegedly caused by long-term consumption of a food.
Permits certain actions, including if a manufacturer or seller of a food knowingly and willfully violates a federal or
state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and
the violation is a proximate cause of injury related to an individual's weight gain or obesity.
Sets out what a pleading alleging such a violation must state.
Requires a court to immediately dismiss any pending action that was filed on or after June 1, 2005, and would not be
permitted under this Act.
Access to or Possession of a Child by a Grandparent—H.B. 261
By Representative Goodman—Senate Sponsor: Senator Wentworth
Current Texas law requires a court to order reasonable access to a grandchild by a grandparent, if certain
circumstances exist. In 2000, the United States Supreme Court ruled that a Washington statute used to grant
grandparents access to their grandchildren was unconstitutional. Subsequently, Texas Attorney General Greg
Abbott ruled that in order for the Texas statute to be applied constitutionally, a grandparent has the burden of proving
by preponderance of the evidence that either the parent is not fit or that denial of access by the grandparent will
significantly impair the child's physical or mental well-being. This bill:
Authorizes a biological or adoptive grandparent to request possession of, as well as to gain access to, a grandchild.
Requires a court to order reasonable possession of or access to a grandchild by a grandparent if the grandparent
overcomes the presumption that a parent acts in the best interest of the parent's child by proving by a preponderance
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 159