| 1 | | - | By: Thompson of Harris (Senate Sponsor - RodrÃguez) H.B. No. 1500 |
|---|
| 2 | | - | (In the Senate - Received from the House May 4, 2015; |
|---|
| 3 | | - | May 4, 2015, read first time and referred to Committee on State |
|---|
| 4 | | - | Affairs; May 12, 2015, reported favorably by the following vote: |
|---|
| 5 | | - | Yeas 9, Nays 0; May 12, 2015, sent to printer.) |
|---|
| 6 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 1500 |
|---|
| 10 | 4 | | AN ACT |
|---|
| 11 | 5 | | relating to certain temporary orders in a suit for modification of |
|---|
| 12 | 6 | | an order in a suit affecting the parent-child relationship. |
|---|
| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 8 | | SECTION 1. Section 156.006, Family Code, is amended by |
|---|
| 15 | 9 | | adding Subsection (b-1) to read as follows: |
|---|
| 16 | 10 | | (b-1) A person who files a motion for a temporary order |
|---|
| 17 | 11 | | authorized by Subsection (b)(1) shall execute and attach to the |
|---|
| 18 | 12 | | motion an affidavit on the person's personal knowledge or the |
|---|
| 19 | 13 | | person's belief based on representations made to the person by a |
|---|
| 20 | 14 | | person with personal knowledge that contains facts that support the |
|---|
| 21 | 15 | | allegation that the child's present circumstances would |
|---|
| 22 | 16 | | significantly impair the child's physical health or emotional |
|---|
| 23 | 17 | | development. The court shall deny the relief sought and decline to |
|---|
| 24 | 18 | | schedule a hearing on the motion unless the court determines, on the |
|---|
| 25 | 19 | | basis of the affidavit, that facts adequate to support the |
|---|
| 26 | 20 | | allegation are stated in the affidavit. If the court determines |
|---|
| 27 | 21 | | that the facts stated are adequate to support the allegation, the |
|---|
| 28 | 22 | | court shall set a time and place for the hearing. |
|---|
| 29 | 23 | | SECTION 2. Section 156.006(b-1), Family Code, as added by |
|---|
| 30 | 24 | | this Act, applies to a suit for modification filed on or after the |
|---|
| 31 | 25 | | effective date of this Act. A suit for modification filed before |
|---|
| 32 | 26 | | that date is governed by the law in effect on the date the suit was |
|---|
| 33 | 27 | | filed, and the former law is continued in effect for that purpose. |
|---|
| 34 | 28 | | SECTION 3. This Act takes effect September 1, 2015. |
|---|
| 35 | | - | * * * * * |
|---|
| 29 | + | ______________________________ ______________________________ |
|---|
| 30 | + | President of the Senate Speaker of the House |
|---|
| 31 | + | I certify that H.B. No. 1500 was passed by the House on April |
|---|
| 32 | + | 30, 2015, by the following vote: Yeas 138, Nays 1, 1 present, not |
|---|
| 33 | + | voting. |
|---|
| 34 | + | ______________________________ |
|---|
| 35 | + | Chief Clerk of the House |
|---|
| 36 | + | I certify that H.B. No. 1500 was passed by the Senate on May |
|---|
| 37 | + | 20, 2015, by the following vote: Yeas 31, Nays 0. |
|---|
| 38 | + | ______________________________ |
|---|
| 39 | + | Secretary of the Senate |
|---|
| 40 | + | APPROVED: _____________________ |
|---|
| 41 | + | Date |
|---|
| 42 | + | _____________________ |
|---|
| 43 | + | Governor |
|---|