| 1 | 1 | | By: Wentworth S.B. No. 1159 |
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| 2 | 2 | | (Jackson) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exception to the residency requirements for filing a |
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| 8 | 8 | | suit for dissolution of a marriage in this state for certain spouses |
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| 9 | 9 | | of military personnel. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 6.303 and 6.304, Family Code, are |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a |
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| 14 | 14 | | Texas domiciliary outside this state or outside the county of |
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| 15 | 15 | | residence of the domiciliary while in the service of the armed |
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| 16 | 16 | | forces or other service of the United States or of this state, or |
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| 17 | 17 | | while accompanying the domiciliary's spouse in the spouse's service |
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| 18 | 18 | | of the armed forces or other service of the United States or of this |
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| 19 | 19 | | state, is considered residence in this state and in that county. |
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| 20 | 20 | | Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY |
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| 21 | 21 | | RESIDENTS. A person not previously a resident of this state who is |
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| 22 | 22 | | serving in the armed forces of the United States and has been |
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| 23 | 23 | | stationed at one or more military installations in this state for at |
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| 24 | 24 | | least the last six months and at a military installation in a county |
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| 25 | 25 | | of this state for at least the last 90 days, or who is accompanying |
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| 26 | 26 | | the person's spouse during the spouse's military service in those |
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| 27 | 27 | | locations and for those periods, is considered to be a Texas |
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| 28 | 28 | | domiciliary and a resident of that county for those periods for the |
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| 29 | 29 | | purpose of filing suit for dissolution of a marriage. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to a suit for dissolution of a marriage filed on or after the |
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| 32 | 32 | | effective date of this Act. A suit filed before that date is |
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| 33 | 33 | | governed by the law in effect on the date the suit was filed, and the |
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| 34 | 34 | | former law is continued in effect for that purpose. |
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| 35 | 35 | | SECTION 3. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect September 1, 2011. |
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