| 1 | 1 | | By: Zaffirini S.B. No. 24 |
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| 2 | 2 | | (In the Senate - Filed November 10, 2008; February 10, 2009, |
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| 3 | 3 | | read first time and referred to Committee on Jurisprudence; |
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| 4 | 4 | | April 20, 2009, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 5, Nays 0; April 20, 2009, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 24 By: Wentworth |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the waiting period for issuing a decree in certain suits |
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| 13 | 13 | | for divorce. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 6.702, Family Code, is amended by |
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| 16 | 16 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (a) Except as provided by Subsection (c), the [The] court |
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| 19 | 19 | | may not grant a divorce before the 60th day after the date the suit |
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| 20 | 20 | | was filed. A decree rendered in violation of this subsection is not |
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| 21 | 21 | | subject to collateral attack. |
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| 22 | 22 | | (c) A waiting period is not required under Subsection (a) |
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| 23 | 23 | | before a court may grant a divorce in a suit in which the court finds |
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| 24 | 24 | | that: |
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| 25 | 25 | | (1) the respondent has been finally convicted of or |
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| 26 | 26 | | received deferred adjudication for an offense involving family |
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| 27 | 27 | | violence as defined by Section 71.004 against the petitioner or a |
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| 28 | 28 | | member of the petitioner's household; or |
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| 29 | 29 | | (2) the petitioner has obtained a protective order |
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| 30 | 30 | | under Title 4 or a magistrate's order for emergency protection |
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| 31 | 31 | | under Article 17.292, Code of Criminal Procedure, against the |
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| 32 | 32 | | respondent because of family violence committed during the |
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| 33 | 33 | | marriage. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a suit for dissolution of a marriage filed on or after the |
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| 36 | 36 | | effective date of this Act. A suit for dissolution of a marriage |
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| 37 | 37 | | filed before the effective date of this Act is governed by the law |
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| 38 | 38 | | in effect on the date the suit was filed, and the former law is |
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| 39 | 39 | | continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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| 45 | 45 | | * * * * * |
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