H.B. No. 1500
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1500 was passed by the House on April
30, 2015, by the following vote: Yeas 138, Nays 1, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1500 was passed by the Senate on May
20, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor