81R6368 JSC-F
By: Thompson H.B. No. 1151
A BILL TO BE ENTITLED
AN ACT
relating to temporary orders and orders for modification in suits
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.008, Family Code, is amended to read
as follows:
Sec. 153.008. CHILD'S PREFERENCE OF ISSUES OVER WHICH THE
COURT HAS JURISDICTION [PERSON TO DESIGNATE RESIDENCE]. (a) A
child 12 years of age or older may express to [file with] the court,
in a manner permitted by Subsection (b), the child's preferences
regarding any issue over which the court has jurisdiction,
including [in writing] the name of the person who is the child's
preference to have the exclusive right to designate the primary
residence of the child, subject to the approval of the court.
(b) The child may express the child's preference under this
section:
(1) in an interview of the child in chambers under
Section 153.009;
(2) to a mental health professional in family
counseling ordered under Section 153.010;
(3) to a parenting coordinator appointed under Section
153.605; or
(4) to a guardian ad litem appointed under Chapter
107.
SECTION 2. Section 156.006(b), Family Code, is amended to
read as follows:
(b) While a suit for modification is pending, the court may
not render a temporary order that has the effect of changing the
designation of the person who has the exclusive right to designate
the primary residence of the child under the final order unless the
temporary order is in the best interest of the child and:
(1) the order is necessary because the child's present
circumstances would significantly impair the child's physical
health or emotional development;
(2) the person designated in the final order has
voluntarily relinquished the primary care and possession of the
child for more than six months [and the temporary order is in the
best interest of the child]; or
(3) the child is 12 years of age or older and:
(A) has indicated to [filed with] the court as
provided by Section 153.008 [in writing] the name of the person who
is the child's preference to have the exclusive right to designate
the primary residence of the child; or
(B) the circumstances of the child, a
conservator, or other party affected by the order have materially
and substantially changed since the earlier of:
(i) the date of the rendition of the order;
or
(ii) the date of the signing of a mediated
or collaborative law settlement agreement on which the order is
based [and the temporary order designating that person is in the
best interest of the child].
SECTION 3. Section 156.101, Family Code, is amended to read
as follows:
Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. The court
may modify an order that provides for the appointment of a
conservator of a child, that provides the terms and conditions of
conservatorship, or that provides for the possession of or access
to a child if modification would be in the best interest of the
child and:
(1) the circumstances of the child, a conservator, or
other party affected by the order have materially and substantially
changed since the earlier of:
(A) the date of the rendition of the order; or
(B) the date of the signing of a mediated or
collaborative law settlement agreement on which the order is based;
(2) the child is at least 12 years of age and has
indicated to [filed with] the court as provided by Section 153.008
[, in writing,] the name of the person who is the child's preference
to have the exclusive right to designate the primary residence of
the child; or
(3) the conservator who has the exclusive right to
designate the primary residence of the child has voluntarily
relinquished the primary care and possession of the child to
another person for at least six months.
SECTION 4. (a) The change in law made by this Act by the
amendment of Section 153.008, Family Code, applies only to a suit
affecting the parent-child relationship pending in a trial court on
or filed on or after the effective date of this Act.
(b) The changes in law made by this Act by the amendment of
Sections 156.006(b) and 156.101, Family Code, apply to a suit for
modification filed on or after the effective date of this Act. A
suit for modification filed before that date is governed by the law
in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.