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 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 has
expressed to [filed with] the court in chambers as provided by
Section 153.009 [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 [and the temporary order designating
that person is in the best interest of the child].
SECTION 2. 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
expressed to [filed with] the court in chambers as provided by
Section 153.009 [, 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 3. Section 153.008, Family Code, is repealed.
SECTION 4. 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.