By: Thompson of Harris (Senate Sponsor - RodrÃguez) H.B. No. 1500
(In the Senate - Received from the House May 4, 2015;
May 4, 2015, read first time and referred to Committee on State
Affairs; May 12, 2015, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain temporary orders in a suit for modification of
an order in a suit affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.006, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A person who files a motion for a temporary order
authorized by Subsection (b)(1) shall execute and attach to the
motion an affidavit on the person's personal knowledge or the
person's belief based on representations made to the person by a
person with personal knowledge that contains facts that support the
allegation that the child's present circumstances would
significantly impair the child's physical health or emotional
development. The court shall deny the relief sought and decline to
schedule a hearing on the motion unless the court determines, on the
basis of the affidavit, that facts adequate to support the
allegation are stated in the affidavit. If the court determines
that the facts stated are adequate to support the allegation, the
court shall set a time and place for the hearing.
SECTION 2. Section 156.006(b-1), Family Code, as added by
this Act, applies to a suit for modification filed on or after the
effective date of this Act. A suit for modification filed before
that date is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.
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