By: Nelson S.B. No. 279
(In the Senate - Filed November 12, 2008; February 11, 2009,
read first time and referred to Committee on Jurisprudence;
March 2, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; March 2, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 279 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against certain court orders in a suit
affecting the parent-child relationship during a parent's military
deployment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 151, Family Code, is amended by adding
Section 151.004 to read as follows:
Sec. 151.004. PROHIBITION AGAINST CERTAIN ORDERS DURING
PARENT'S MILITARY DEPLOYMENT. A court may not render an order
affecting the terms of a parent's possession of or access to the
parent's child on the sole grounds that the parent has voluntarily
abandoned or left the child or has otherwise voluntarily
relinquished the primary care and possession of the child if the
parent has temporarily relinquished the primary care and possession
of the child to another person during a period in which the parent:
(1) is ordered to duty as a member of the armed forces
of the United States, the Texas National Guard, or the National
Guard of another state without the option of being accompanied by
the child; and
(2) is serving in a location where access to the child
is not reasonably possible.
SECTION 2. The changes in law made by this Act apply to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or filed on or after
that date.
SECTION 3. This Act takes effect September 1, 2009.
* * * * *