Texas 2009 - 81st Regular

Texas Senate Bill SB279 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 279
2	2
3	3
4	4	AN ACT
5	5	relating to a prohibition against certain court orders in a suit
6	6	affecting the parent-child relationship during a parent's military
7	7	deployment.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 153, Family Code, is amended by adding
10	10	Subchapter L to read as follows:
11	11	SUBCHAPTER L. MILITARY DUTY
12	12	Sec. 153.701. DEFINITIONS. In this subchapter:
13	13	(1) "Designated person" means the person ordered by
14	14	the court to temporarily exercise a conservator's rights, duties,
15	15	and periods of possession and access with regard to a child during
16	16	the conservator's military deployment, military mobilization, or
17	17	temporary military duty.
18	18	(2) "Military deployment" means the temporary
19	19	transfer of a service member of the armed forces of this state or
20	20	the United States serving in an active-duty status to another
21	21	location in support of combat or some other military operation.
22	22	(3) "Military mobilization" means the call-up of a
23	23	national guard or reserve service member of the armed forces of this
24	24	state or the United States to extended active duty status. The term
25	25	does not include national guard or reserve annual training.
26	26	(4) "Temporary military duty" means the transfer of a
27	27	service member of the armed forces of this state or the United
28	28	States from one military base to a different location, usually
29	29	another base, for a limited time for training or to assist in the
30	30	performance of a noncombat mission.
31	31	Sec. 153.702. TEMPORARY ORDERS. (a) If a conservator is
32	32	ordered to military deployment, military mobilization, or
33	33	temporary military duty that involves moving a substantial distance
34	34	from the conservator's residence so as to materially affect the
35	35	conservator's ability to exercise the conservator's rights and
36	36	duties in relation to a child, either conservator may file for an
37	37	order under this subchapter.
38	38	(b) The court may render a temporary order in a proceeding
39	39	under this subchapter regarding:
40	40	(1) possession of or access to the child; or
41	41	(2) child support.
42	42	(c) A temporary order rendered by the court under this
43	43	subchapter may grant rights to and impose duties on a designated
44	44	person regarding the child, except the court may not require the
45	45	designated person to pay child support.
46	46	(d) After a conservator's military deployment, military
47	47	mobilization, or temporary military duty is concluded, and the
48	48	conservator returns to the conservator's usual residence, the
49	49	temporary orders under this section terminate and the rights of all
50	50	affected parties are governed by the terms of any court order
51	51	applicable when the conservator is not ordered to military
52	52	deployment, military mobilization, or temporary military duty.
53	53	Sec. 153.703. APPOINTING DESIGNATED PERSON FOR CONSERVATOR
54	54	WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (a)
55	55	If the conservator with the exclusive right to designate the
56	56	primary residence of the child is ordered to military deployment,
57	57	military mobilization, or temporary military duty, the court may
58	58	render a temporary order to appoint a designated person to exercise
59	59	the exclusive right to designate the primary residence of the child
60	60	during the military deployment, military mobilization, or
61	61	temporary military duty in the following order of preference:
62	62	(1) the conservator who does not have the exclusive
63	63	right to designate the primary residence of the child;
64	64	(2) if appointing the conservator described by
65	65	Subdivision (1) is not in the child's best interest, a designated
66	66	person chosen by the conservator with the exclusive right to
67	67	designate the primary residence of the child; or
68	68	(3) if appointing the conservator described by
69	69	Subdivision (1) or the person chosen under Subdivision (2) is not in
70	70	the child's best interest, another person chosen by the court.
71	71	(b) A designated person named in a temporary order rendered
72	72	under this section has the rights and duties of a nonparent
73	73	appointed as sole managing conservator under Section 153.371.
74	74	(c) The court may limit or expand the rights of a nonparent
75	75	named as a designated person in a temporary order rendered under
76	76	this section as appropriate to the best interest of the child.
77	77	Sec. 153.704. APPOINTING DESIGNATED PERSON TO EXERCISE
78	78	VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE
79	79	PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (a) If the
80	80	court appoints the conservator without the exclusive right to
81	81	designate the primary residence of the child under Section
82	82	153.703(a)(1), the court may award visitation with the child to a
83	83	designated person chosen by the conservator with the exclusive
84	84	right to designate the primary residence of the child.
85	85	(b) The periods of visitation shall be the same as the
86	86	visitation to which the conservator without the exclusive right to
87	87	designate the primary residence of the child was entitled under the
88	88	court order in effect immediately before the date the temporary
89	89	order is rendered.
90	90	(c) The temporary order for visitation must provide that:
91	91	(1) the designated person under this section has the
92	92	right to possession of the child for the periods and in the manner
93	93	in which the conservator without the exclusive right to designate
94	94	the primary residence of the child is entitled under the court order
95	95	in effect immediately before the date the temporary order is
96	96	rendered;
97	97	(2) the child's other conservator and the designated
98	98	person under this section are subject to the requirements of
99	99	Section 153.316, with the designated person considered for purposes
100	100	of that section to be the possessory conservator;
101	101	(3) the designated person under this section has the
102	102	rights and duties of a nonparent possessory conservator under
103	103	Section 153.376(a) during the period that the person has possession
104	104	of the child; and
105	105	(4) the designated person under this section is
106	106	subject to any provision in a court order restricting or
107	107	prohibiting access to the child by any specified individual.
108	108	(d) The court may limit or expand the rights of a nonparent
109	109	designated person named in a temporary order rendered under this
110	110	section as appropriate to the best interest of the child.
111	111	Sec. 153.705. APPOINTING DESIGNATED PERSON TO EXERCISE
112	112	VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE
113	113	PRIMARY RESIDENCE OF CHILD. (a) If the conservator without the
114	114	exclusive right to designate the primary residence of the child is
115	115	ordered to military deployment, military mobilization, or
116	116	temporary military duty, the court may award visitation with the
117	117	child to a designated person chosen by the conservator, if the
118	118	visitation is in the best interest of the child.
119	119	(b) The temporary order for visitation must provide that:
120	120	(1) the designated person under this section has the
121	121	right to possession of the child for the periods and in the manner
122	122	in which the conservator described by Subsection (a) would be
123	123	entitled if not ordered to military deployment, military
124	124	mobilization, or temporary military duty;
125	125	(2) the child's other conservator and the designated
126	126	person under this section are subject to the requirements of
127	127	Section 153.316, with the designated person considered for purposes
128	128	of that section to be the possessory conservator;
129	129	(3) the designated person under this section has the
130	130	rights and duties of a nonparent possessory conservator under
131	131	Section 153.376(a) during the period that the designated person has
132	132	possession of the child; and
133	133	(4) the designated person under this section is
134	134	subject to any provision in a court order restricting or
135	135	prohibiting access to the child by any specified individual.
136	136	(c) The court may limit or expand the rights of a nonparent
137	137	designated person named in a temporary order rendered under this
138	138	section as appropriate to the best interest of the child.
139	139	Sec. 153.706. TEMPORARY ORDER FOR CHILD SUPPORT. A
140	140	temporary order rendered under this subchapter may result in a
141	141	change of circumstances sufficient to justify a temporary order
142	142	modifying the child support obligations of a party.
143	143	Sec. 153.707. EXPEDITED HEARING. (a) On a motion by the
144	144	conservator who has been ordered to military deployment, military
145	145	mobilization, or temporary military duty, the court shall, for good
146	146	cause shown, hold an expedited hearing if the court finds that the
147	147	conservator's military duties have a material effect on the
148	148	conservator's ability to appear in person at a regularly scheduled
149	149	hearing.
150	150	(b) A hearing under this section shall, if possible, take
151	151	precedence over other suits affecting the parent-child
152	152	relationship not involving a conservator who has been ordered to
153	153	military deployment, military mobilization, or temporary military
154	154	duty.
155	155	(c) On a motion by any party, the court shall, after
156	156	reasonable advance notice and for good cause shown, allow a party to
157	157	present testimony and evidence by electronic means, including by
158	158	teleconference or through the Internet.
159	159	Sec. 153.708. ENFORCEMENT. Temporary orders rendered under
160	160	this subchapter may be enforced by or against the designated person
161	161	to the same extent that an order would be enforceable against the
162	162	conservator who has been ordered to military deployment, military
163	163	mobilization, or temporary military duty.
164	164	Sec. 153.709. ADDITIONAL PERIODS OF POSSESSION OR ACCESS.
165	165	(a) Not later than the 90th day after the date a conservator
166	166	without the exclusive right to designate the primary residence of
167	167	the child who is a member of the armed services concludes the
168	168	conservator's military deployment, military mobilization, or
169	169	temporary military duty, the conservator may petition the court to:
170	170	(1) compute the periods of possession of or access to
171	171	the child to which the conservator would have otherwise been
172	172	entitled during the conservator's deployment; and
173	173	(2) award the conservator additional periods of
174	174	possession of or access to the child to compensate for the periods
175	175	described by Subdivision (1).
176	176	(b) If the conservator described by Subsection (a)
177	177	petitions the court under Subsection (a), the court:
178	178	(1) shall compute the periods of possession or access
179	179	to the child described by Subsection (a)(1); and
180	180	(2) may award to the conservator additional periods of
181	181	possession of or access to the child for a length of time and under
182	182	terms the court considers reasonable, if the court determines that:
183	183	(A) the conservator was on military deployment,
184	184	military mobilization, or temporary military duty in a location
185	185	where access to the child was not reasonably possible; and
186	186	(B) the award of additional periods of possession
187	187	of or access to the child is in the best interest of the child.
188	188	(c) In making the determination under Subsection (b)(2),
189	189	the court:
190	190	(1) shall consider:
191	191	(A) the periods of possession of or access to the
192	192	child to which the conservator would otherwise have been entitled
193	193	during the conservator's military deployment, military
194	194	mobilization, or temporary military duty, as computed under
195	195	Subsection (b)(1);
196	196	(B) whether the court named a designated person
197	197	under Section 153.705 to exercise limited possession of the child
198	198	during the conservator's deployment; and
199	199	(C) any other factor the court considers
200	200	appropriate; and
201	201	(2) is not required to award additional periods of
202	202	possession of or access to the child that equals the possession or
203	203	access to which the conservator would have been entitled during the
204	204	conservator's military deployment, military mobilization, or
205	205	temporary military duty, as computed under Subsection (b)(1).
206	206	(d) After the conservator described by Subsection (a) has
207	207	exercised all additional periods of possession or access awarded
208	208	under this section, the rights of all affected parties are governed
209	209	by the terms of the court order applicable when the conservator is
210	210	not ordered to military deployment, military mobilization, or
211	211	temporary military duty.
212	212	SECTION 2. Section 156.006, Family Code, is amended by
213	213	adding Subsection (c) to read as follows:
214	214	(c) Subsection (b)(2) does not apply to a conservator who
215	215	has the exclusive right to designate the primary residence of the
216	216	child and who has temporarily relinquished the primary care and
217	217	possession of the child to another person during the conservator's
218	218	military deployment, military mobilization, or temporary military
219	219	duty, as those terms are defined by Section 153.701.
220	220	SECTION 3. Section 156.101, Family Code, is amended to read
221	221	as follows:
222	222	Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER
223	223	ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The
224	224	court may modify an order that provides for the appointment of a
225	225	conservator of a child, that provides the terms and conditions of
226	226	conservatorship, or that provides for the possession of or access
227	227	to a child if modification would be in the best interest of the
228	228	child and:
229	229	(1) the circumstances of the child, a conservator, or
230	230	other party affected by the order have materially and substantially
231	231	changed since the earlier of:
232	232	(A) the date of the rendition of the order; or
233	233	(B) the date of the signing of a mediated or
234	234	collaborative law settlement agreement on which the order is based;
235	235	(2) the child is at least 12 years of age and has filed
236	236	with the court, in writing, the name of the person who is the
237	237	child's preference to have the exclusive right to designate the
238	238	primary residence of the child; or
239	239	(3) the conservator who has the exclusive right to
240	240	designate the primary residence of the child has voluntarily
241	241	relinquished the primary care and possession of the child to
242	242	another person for at least six months.
243	243	(b) Subsection (a)(3) does not apply to a conservator who
244	244	has the exclusive right to designate the primary residence of the
245	245	child and who has temporarily relinquished the primary care and
246	246	possession of the child to another person during the conservator's
247	247	military deployment, military mobilization, or temporary military
248	248	duty, as those terms are defined by Section 153.701.
249	249	SECTION 4. Section 156.102, Family Code, is amended by
250	250	adding Subsection (d) to read as follows:
251	251	(d) Subsection (b)(3) does not apply to a person who has the
252	252	exclusive right to designate the primary residence of the child and
253	253	who has temporarily relinquished the primary care and possession of
254	254	the child to another person during the conservator's military
255	255	deployment, military mobilization, or temporary military duty, as
256	256	those terms are defined by Section 153.701.
257	257	SECTION 5. Section 156.105, Family Code, is amended to read
258	258	as follows:
259	259	Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY DUTY
260	260	[DEPLOYMENT]. [(a) In this section, "military deployment" means
261	261	military duty ordered for a period of more than six months during
262	262	which the person ordered to duty:
263	263	[(1) is not provided the option of being accompanied
264	264	by the person's child; and
265	265	[(2) is serving in a location where access to the
266	266	person's child is not reasonably possible.
267	267	[(b)] The military duty of a conservator who is ordered to
268	268	military deployment, military mobilization, or temporary military
269	269	duty, as those terms are defined by Section 153.701, does not by
270	270	itself constitute [of a person who is a possessory conservator or a
271	271	joint managing conservator without the exclusive right to designate
272	272	the primary residence of the child is] a material and substantial
273	273	change of circumstances sufficient to justify a modification of an
274	274	existing court order or portion of a decree that sets the terms and
275	275	conditions for the possession of or access to a child except that
276	276	the court may render a temporary order under Subchapter L, Chapter
277	277	153.
278	278	[(c) If the court determines that modification is in the
279	279	best interest of the child, the court may modify the order or decree
280	280	to provide in a manner consistent with Section 153.3161 for
281	281	possession of the child during the period of the military
282	282	deployment by a person designated by the deployed conservator.]
283	283	SECTION 6. Sections 153.3161 and 156.410, Family Code, are
284	284	repealed.
285	285	SECTION 7. The changes in law made by this Act apply to a
286	286	suit affecting the parent-child relationship that is pending in a
287	287	trial court on the effective date of this Act or filed on or after
288	288	that date.
289	289	SECTION 8. This Act takes effect September 1, 2009.
290	290	______________________________ ______________________________
291	291	President of the Senate Speaker of the House
292	292	I hereby certify that S.B. No. 279 passed the Senate on
293	293	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
294	294	the Senate concurred in House amendment on May 28, 2009, by the
295	295	following vote: Yeas 31, Nays 0.
296	296	______________________________
297	297	Secretary of the Senate
298	298	I hereby certify that S.B. No. 279 passed the House, with
299	299	amendment, on May 25, 2009, by the following vote: Yeas 142,
300	300	Nays 0, one present not voting.
301	301	______________________________
302	302	Chief Clerk of the House
303	303	Approved:
304	304	______________________________
305	305	Date
306	306	______________________________
307	307	Governor