H.B. No. 1404
AN ACT
relating to certain temporary 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. Sections 153.702(a) and (c), Family Code, are
amended to read as follows:
(a) If a conservator is ordered to military deployment,
military mobilization, or temporary military duty that involves
moving a substantial distance from the conservator's residence so
as to materially affect the conservator's ability to exercise the
conservator's rights and duties in relation to a child, either
conservator may file for an order under this subchapter without the
necessity of showing a material and substantial change of
circumstances other than the military deployment, military
mobilization, or temporary military duty.
(c) A temporary order rendered by the court under this
subchapter may grant rights to and impose duties on a designated
person regarding the child, except that if the designated person is
a nonparent, the court may not require the designated person to pay
child support.
SECTION 2. Section 153.703(b), Family Code, is amended to
read as follows:
(b) A nonparent appointed as a designated person [named] in
a temporary order rendered under this section has the rights and
duties of a nonparent appointed as sole managing conservator under
Section 153.371.
SECTION 3. Section 153.706, Family Code, is repealed.
SECTION 4. The changes in law made by this Act apply to a
motion for a temporary order under Subchapter L, Chapter 153,
Family Code, that is pending in a trial court on the effective date
of this Act or filed on or after that date.
SECTION 5. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1404 was passed by the House on March
31, 2011, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1404 was passed by the Senate on May
10, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor