Texas 2015 - 84th Regular

Texas House Bill HB3949 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11898 JSC-D
2	2	By: Smithee H.B. No. 3949
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conditions and enforcement of possession orders in
8	8	suits affecting the parent-child relationship; adding provisions
9	9	subject to a criminal penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as "Kenyon's Law."
12	12	SECTION 2. Section 105.002(c), Family Code, is amended to
13	13	read as follows:
14	14	(c) In a jury trial:
15	15	(1) a party is entitled to a verdict by the jury and
16	16	the court may not contravene a jury verdict on the issues of:
17	17	(A) the appointment of a sole managing
18	18	conservator;
19	19	(B) the appointment of joint managing
20	20	conservators;
21	21	(C) the appointment of a possessory conservator;
22	22	(D) the determination of which joint managing
23	23	conservator has the exclusive right to designate the primary
24	24	residence of the child; and
25	25	(E) the determination of [whether to impose a
26	26	restriction on] the geographic area in which a joint managing
27	27	conservator must [may] designate the child's primary residence; and
28	28	[(F) if a restriction described by Paragraph (E)
29	29	is imposed, the determination of the geographic area within which
30	30	the joint managing conservator must designate the child's primary
31	31	residence; and]
32	32	(2) the court may not submit to the jury questions on
33	33	the issues of:
34	34	(A) support under Chapter 154 or Chapter 159;
35	35	(B) a specific term or condition of possession of
36	36	or access to the child; or
37	37	(C) any right or duty of a conservator, other
38	38	than the determination of which joint managing conservator has the
39	39	exclusive right to designate the primary residence of the child
40	40	under Subdivision (1)(D).
41	41	SECTION 3. Section 153.133(a), Family Code, is amended to
42	42	read as follows:
43	43	(a) If a written agreed parenting plan is filed with the
44	44	court, the court shall render an order appointing the parents as
45	45	joint managing conservators only if the parenting plan:
46	46	(1) designates the conservator who has the exclusive
47	47	right to designate the primary residence of the child and:
48	48	(A) establishes, until modified by further
49	49	order, the geographic area within which the conservator shall
50	50	maintain the child's primary residence; and [or]
51	51	(B) specifies that the conservator may not move
52	52	[designate] the child's primary residence outside that [without
53	53	regard to] geographic area without permission of the other
54	54	conservator or the court [location];
55	55	(2) specifies the rights and duties of each parent
56	56	regarding the child's physical care, support, and education;
57	57	(3) includes provisions to minimize disruption of the
58	58	child's education, daily routine, and association with friends;
59	59	(4) allocates between the parents, independently,
60	60	jointly, or exclusively, all of the remaining rights and duties of a
61	61	parent provided by Chapter 151;
62	62	(5) is voluntarily and knowingly made by each parent
63	63	and has not been repudiated by either parent at the time the order
64	64	is rendered; and
65	65	(6) is in the best interest of the child.
66	66	SECTION 4. Section 153.134(b), Family Code, is amended to
67	67	read as follows:
68	68	(b) In rendering an order appointing joint managing
69	69	conservators, the court shall:
70	70	(1) designate the conservator who has the exclusive
71	71	right to determine the primary residence of the child and:
72	72	(A) establish, until modified by further order, a
73	73	geographic area within which the conservator shall maintain the
74	74	child's primary residence; and [or]
75	75	(B) specify that the conservator may not move
76	76	[determine] the child's primary residence outside that [without
77	77	regard to] geographic area without the permission of the other
78	78	conservator or the court [location];
79	79	(2) specify the rights and duties of each parent
80	80	regarding the child's physical care, support, and education;
81	81	(3) include provisions to minimize disruption of the
82	82	child's education, daily routine, and association with friends;
83	83	(4) allocate between the parents, independently,
84	84	jointly, or exclusively, all of the remaining rights and duties of a
85	85	parent as provided by Chapter 151; and
86	86	(5) if feasible, recommend that the parties use an
87	87	alternative dispute resolution method before requesting
88	88	enforcement or modification of the terms and conditions of the
89	89	joint conservatorship through litigation, except in an emergency.
90	90	SECTION 5. Subchapter F, Chapter 153, Family Code, is
91	91	amended by adding Section 153.3165 to read as follows:
92	92	Sec. 153.3165. GEOGRAPHIC RESTRICTION. The court shall
93	93	restrict the primary residence of the child to a specific
94	94	geographic area and prohibit moving the child's primary residence
95	95	outside that area without the permission of the other conservator
96	96	or the court.
97	97	SECTION 6. Subchapter A, Chapter 157, Family Code, is
98	98	amended by adding Section 157.010 to read as follows:
99	99	Sec. 157.010. INTERFERENCE WITH CUSTODY; REFERRAL. If a
100	100	party alleges that the other party has engaged in conduct
101	101	constituting an offense under Section 25.03, Penal Code, the court
102	102	shall make a report to the appropriate county or district attorney
103	103	for investigation.
104	104	SECTION 7. (a) The changes in law made by this Act relating
105	105	to the conditions of a court order providing for possession of or
106	106	access to a child apply only to an order rendered on or after the
107	107	effective date of this Act. A court order rendered before the
108	108	effective date of this Act is governed by the law in effect on the
109	109	date the order was rendered, and the former law is continued in
110	110	effect for that purpose.
111	111	(b) Section 157.010, Family Code, as added by this Act,
112	112	applies only to an allegation received in a petition filed with the
113	113	court on or after the effective date of this Act. A petition filed
114	114	before the effective date of this Act is governed by the law in
115	115	effect on the date the petition was filed, and the former law is
116	116	continued in effect for that purpose.
117	117	SECTION 8. This Act takes effect September 1, 2015.