83R1546 JSC-F
By: Thompson of Harris H.B. No. 388
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of a property distribution agreement
incident to divorce or annulment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 9.001(a), Family Code, is amended to
read as follows:
(a) A party affected by a decree of divorce or annulment
providing for a division of property as provided by Chapter 7,
including a division of property and any contractual provisions
under the terms of an agreement incident to divorce or annulment
under Section 7.006 that was approved by the court, may request
enforcement of that decree by filing a suit to enforce as provided
by this chapter in the court that rendered the decree.
SECTION 2. Section 9.002, Family Code, is amended to read as
follows:
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The
court that rendered the decree of divorce or annulment retains the
power to enforce the property division as provided by Chapter 7,
including a property division and any contractual provisions under
the terms of an agreement incident to divorce or annulment under
Section 7.006 that was approved by the court.
SECTION 3. Sections 9.006(a) and (b), Family Code, are
amended to read as follows:
(a) Except as provided by this subchapter and by the Texas
Rules of Civil Procedure, the court may render further orders to
enforce the division of property made or approved in the decree of
divorce or annulment to assist in the implementation of or to
clarify the prior order.
(b) The court may specify more precisely the manner of
effecting the property division previously made or approved if the
substantive division of property is not altered or changed.
SECTION 4. Section 9.009, Family Code, is amended to read as
follows:
Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division
of property made or approved in a decree of divorce or annulment,
the court may make an order to deliver the specific existing
property awarded, without regard to whether the property is of
especial value, including an award of an existing sum of money or
its equivalent.
SECTION 5. The changes in law made by this Act apply to the
enforcement of a property division and any contractual provisions
under the terms of an agreement incident to divorce or annulment
under Section 7.006, Family Code, that was approved by the court
regardless of whether the agreement was approved or the decree of
divorce or annulment was rendered before, on, or after the
effective date of this Act.
SECTION 6. This Act takes effect September 1, 2013.