| 1 | 1 | | By: Sheffield, et al. (Senate Sponsor - Harris) H.B. No. 1404 |
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| 2 | 2 | | (In the Senate - Received from the House April 4, 2011; |
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| 3 | 3 | | April 14, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Jurisprudence; May 5, 2011, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 7, Nays 0; May 5, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to certain temporary orders in a suit affecting the |
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| 11 | 11 | | parent-child relationship during a parent's military deployment. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 153.702(a) and (c), Family Code, are |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) If a conservator is ordered to military deployment, |
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| 16 | 16 | | military mobilization, or temporary military duty that involves |
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| 17 | 17 | | moving a substantial distance from the conservator's residence so |
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| 18 | 18 | | as to materially affect the conservator's ability to exercise the |
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| 19 | 19 | | conservator's rights and duties in relation to a child, either |
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| 20 | 20 | | conservator may file for an order under this subchapter without the |
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| 21 | 21 | | necessity of showing a material and substantial change of |
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| 22 | 22 | | circumstances other than the military deployment, military |
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| 23 | 23 | | mobilization, or temporary military duty. |
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| 24 | 24 | | (c) A temporary order rendered by the court under this |
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| 25 | 25 | | subchapter may grant rights to and impose duties on a designated |
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| 26 | 26 | | person regarding the child, except that if the designated person is |
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| 27 | 27 | | a nonparent, the court may not require the designated person to pay |
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| 28 | 28 | | child support. |
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| 29 | 29 | | SECTION 2. Section 153.703(b), Family Code, is amended to |
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| 30 | 30 | | read as follows: |
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| 31 | 31 | | (b) A nonparent appointed as a designated person [named] in |
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| 32 | 32 | | a temporary order rendered under this section has the rights and |
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| 33 | 33 | | duties of a nonparent appointed as sole managing conservator under |
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| 34 | 34 | | Section 153.371. |
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| 35 | 35 | | SECTION 3. Section 153.706, Family Code, is repealed. |
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| 36 | 36 | | SECTION 4. The changes in law made by this Act apply to a |
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| 37 | 37 | | motion for a temporary order under Subchapter L, Chapter 153, |
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| 38 | 38 | | Family Code, that is pending in a trial court on the effective date |
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| 39 | 39 | | of this Act or filed on or after that date. |
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| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2011. |
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| 41 | 41 | | * * * * * |
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