Texas 2015 - 84th Regular

Texas House Bill HB1460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R2013 JSC-F
2	2	By: Thompson of Harris H.B. No. 1460
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a temporary restraining order for preservation of
8	8	property and protection of the parties in a suit for the dissolution
9	9	of marriage.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 6.501(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) After the filing of a suit for dissolution of a
14	14	marriage, on the motion of a party or on the court's own motion, the
15	15	court may grant a temporary restraining order without notice to the
16	16	adverse party for the preservation of the property and for the
17	17	protection of the parties as necessary, including an order
18	18	prohibiting one or both parties from:
19	19	(1) intentionally communicating in person or in any
20	20	other manner, including by telephone or another electronic voice
21	21	transmission, video chat, [or] in writing, or electronic messaging,
22	22	with the other party by use of vulgar, profane, obscene, or indecent
23	23	language or in a coarse or offensive manner, with intent to annoy or
24	24	alarm the other party;
25	25	(2) threatening the other party in person or in any
26	26	other manner, including by telephone or another electronic voice
27	27	transmission, video chat, [or] in writing, or electronic messaging,
28	28	to take unlawful action against any person, intending by this
29	29	action to annoy or alarm the other party;
30	30	(3) placing a telephone call, anonymously, at an
31	31	unreasonable hour, in an offensive and repetitious manner, or
32	32	without a legitimate purpose of communication with the intent to
33	33	annoy or alarm the other party;
34	34	(4) intentionally, knowingly, or recklessly causing
35	35	bodily injury to the other party or to a child of either party;
36	36	(5) threatening the other party or a child of either
37	37	party with imminent bodily injury;
38	38	(6) intentionally, knowingly, or recklessly
39	39	destroying, removing, concealing, encumbering, transferring, or
40	40	otherwise harming or reducing the value of the property of the
41	41	parties or either party with intent to obstruct the authority of the
42	42	court to order a division of the estate of the parties in a manner
43	43	that the court deems just and right, having due regard for the
44	44	rights of each party and any children of the marriage;
45	45	(7) intentionally falsifying a writing or record,
46	46	including an electronic record, relating to the property of either
47	47	party;
48	48	(8) intentionally misrepresenting or refusing to
49	49	disclose to the other party or to the court, on proper request, the
50	50	existence, amount, or location of any tangible or intellectual
51	51	property of the parties or either party, including electronically
52	52	stored or recorded information;
53	53	(9) intentionally or knowingly damaging or destroying
54	54	the tangible or intellectual property of the parties or either
55	55	party, including electronically stored or recorded information;
56	56	[or]
57	57	(10) intentionally or knowingly tampering with the
58	58	tangible or intellectual property of the parties or either party,
59	59	including electronically stored or recorded information, and
60	60	causing pecuniary loss or substantial inconvenience to the other
61	61	party;
62	62	(11) except as specifically authorized by the court:
63	63	(A) selling, transferring, assigning,
64	64	mortgaging, encumbering, or in any other manner alienating any of
65	65	the property of the parties or either party, regardless of whether
66	66	the property is:
67	67	(i) personal property, real property, or
68	68	intellectual property; or
69	69	(ii) separate or community property;
70	70	(B) incurring any debt, other than legal expenses
71	71	in connection with the suit for dissolution of marriage;
72	72	(C) withdrawing money from any checking or
73	73	savings account in a financial institution for any purpose;
74	74	(D) spending any money in either party's
75	75	possession or subject to either party's control for any purpose;
76	76	(E) withdrawing or borrowing money in any manner
77	77	for any purpose from a retirement, profit sharing, pension, death,
78	78	or other employee benefit plan, employee savings plan, individual
79	79	retirement account, or Keogh account of either party; or
80	80	(F) withdrawing or borrowing in any manner all or
81	81	any part of the cash surrender value of a life insurance policy on
82	82	the life of either party or a child of the parties;
83	83	(12) entering any safe deposit box in the name of or
84	84	subject to the control of the parties or either party, whether
85	85	individually or jointly with others;
86	86	(13) changing or in any manner altering the
87	87	beneficiary designation on any life insurance policy on the life of
88	88	either party or a child of the parties;
89	89	(14) canceling, altering, failing to renew or pay
90	90	premiums on, or in any manner affecting the level of coverage that
91	91	existed at the time the suit was filed of, any life, casualty,
92	92	automobile, or health insurance policy insuring the parties'
93	93	property or persons, including a child of the parties;
94	94	(15) opening or diverting mail or e-mail or any other
95	95	electronic communication addressed to the other party;
96	96	(16) signing or endorsing the other party's name on any
97	97	negotiable instrument, check, or draft, including a tax refund,
98	98	insurance payment, and dividend, or attempting to negotiate any
99	99	negotiable instrument payable to the other party without the
100	100	personal signature of the other party;
101	101	(17) taking any action to terminate or limit credit or
102	102	charge credit cards in the name of the other party;
103	103	(18) discontinuing or reducing the withholding for
104	104	federal income taxes from either party's wages or salary;
105	105	(19) destroying, disposing of, or altering any
106	106	financial records of the parties, including a canceled check,
107	107	deposit slip, and other records from a financial institution, a
108	108	record of credit purchases or cash advances, a tax return, and a
109	109	financial statement;
110	110	(20) destroying, disposing of, or altering any e-mail,
111	111	text message, video message, or chat message or other electronic
112	112	data or electronically stored information relevant to the subject
113	113	matter of the suit for dissolution of marriage, regardless of
114	114	whether the information is stored on a hard drive, in a removable
115	115	storage device, in cloud storage, or in another electronic storage
116	116	medium;
117	117	(21) modifying, changing, or altering the native
118	118	format or metadata of any electronic data or electronically stored
119	119	information relevant to the subject matter of the suit for
120	120	dissolution of marriage, regardless of whether the information is
121	121	stored on a hard drive, in a removable storage device, in cloud
122	122	storage, or in another electronic storage medium;
123	123	(22) deleting any data or content from any social
124	124	network profile used or created by either party or a child of the
125	125	parties;
126	126	(23) using any password or personal identification
127	127	number to gain access to the other party's e-mail account, bank
128	128	account, social media account, or any other electronic account;
129	129	(24) terminating or in any manner affecting the
130	130	service of water, electricity, gas, telephone, cable television, or
131	131	any other contractual service, including security, pest control,
132	132	landscaping, or yard maintenance at the residence of either party,
133	133	or in any manner attempting to withdraw any deposit paid in
134	134	connection with any of those services;
135	135	(25) excluding the other party from the use and
136	136	enjoyment of a specifically identified residence of the other
137	137	party; or
138	138	(26) entering, operating, or exercising control over a
139	139	motor vehicle in the possession of the other party.
140	140	SECTION 2. The change in law made by this Act applies only
141	141	to a suit for dissolution of marriage that is filed on or after the
142	142	effective date of this Act. A suit for dissolution of marriage
143	143	filed before the effective date of this Act is governed by the law
144	144	in effect on the date the suit was filed, and the former law is
145	145	continued in effect for that purpose.
146	146	SECTION 3. This Act takes effect September 1, 2015.