84R11898 JSC-D
By: Smithee H.B. No. 3949
A BILL TO BE ENTITLED
AN ACT
relating to the conditions and enforcement of possession orders in
suits affecting the parent-child relationship; adding provisions
subject to a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as "Kenyon's Law."
SECTION 2. Section 105.002(c), Family Code, is amended to
read as follows:
(c) In a jury trial:
(1) a party is entitled to a verdict by the jury and
the court may not contravene a jury verdict on the issues of:
(A) the appointment of a sole managing
conservator;
(B) the appointment of joint managing
conservators;
(C) the appointment of a possessory conservator;
(D) the determination of which joint managing
conservator has the exclusive right to designate the primary
residence of the child; and
(E) the determination of [whether to impose a
restriction on] the geographic area in which a joint managing
conservator must [may] designate the child's primary residence; and
[(F) if a restriction described by Paragraph (E)
is imposed, the determination of the geographic area within which
the joint managing conservator must designate the child's primary
residence; and]
(2) the court may not submit to the jury questions on
the issues of:
(A) support under Chapter 154 or Chapter 159;
(B) a specific term or condition of possession of
or access to the child; or
(C) any right or duty of a conservator, other
than the determination of which joint managing conservator has the
exclusive right to designate the primary residence of the child
under Subdivision (1)(D).
SECTION 3. Section 153.133(a), Family Code, is amended to
read as follows:
(a) If a written agreed parenting plan is filed with the
court, the court shall render an order appointing the parents as
joint managing conservators only if the parenting plan:
(1) designates the conservator who has the exclusive
right to designate the primary residence of the child and:
(A) establishes, until modified by further
order, the geographic area within which the conservator shall
maintain the child's primary residence; and [or]
(B) specifies that the conservator may not move
[designate] the child's primary residence outside that [without
regard to] geographic area without permission of the other
conservator or the court [location];
(2) specifies the rights and duties of each parent
regarding the child's physical care, support, and education;
(3) includes provisions to minimize disruption of the
child's education, daily routine, and association with friends;
(4) allocates between the parents, independently,
jointly, or exclusively, all of the remaining rights and duties of a
parent provided by Chapter 151;
(5) is voluntarily and knowingly made by each parent
and has not been repudiated by either parent at the time the order
is rendered; and
(6) is in the best interest of the child.
SECTION 4. Section 153.134(b), Family Code, is amended to
read as follows:
(b) In rendering an order appointing joint managing
conservators, the court shall:
(1) designate the conservator who has the exclusive
right to determine the primary residence of the child and:
(A) establish, until modified by further order, a
geographic area within which the conservator shall maintain the
child's primary residence; and [or]
(B) specify that the conservator may not move
[determine] the child's primary residence outside that [without
regard to] geographic area without the permission of the other
conservator or the court [location];
(2) specify the rights and duties of each parent
regarding the child's physical care, support, and education;
(3) include provisions to minimize disruption of the
child's education, daily routine, and association with friends;
(4) allocate between the parents, independently,
jointly, or exclusively, all of the remaining rights and duties of a
parent as provided by Chapter 151; and
(5) if feasible, recommend that the parties use an
alternative dispute resolution method before requesting
enforcement or modification of the terms and conditions of the
joint conservatorship through litigation, except in an emergency.
SECTION 5. Subchapter F, Chapter 153, Family Code, is
amended by adding Section 153.3165 to read as follows:
Sec. 153.3165. GEOGRAPHIC RESTRICTION. The court shall
restrict the primary residence of the child to a specific
geographic area and prohibit moving the child's primary residence
outside that area without the permission of the other conservator
or the court.
SECTION 6. Subchapter A, Chapter 157, Family Code, is
amended by adding Section 157.010 to read as follows:
Sec. 157.010. INTERFERENCE WITH CUSTODY; REFERRAL. If a
party alleges that the other party has engaged in conduct
constituting an offense under Section 25.03, Penal Code, the court
shall make a report to the appropriate county or district attorney
for investigation.
SECTION 7. (a) The changes in law made by this Act relating
to the conditions of a court order providing for possession of or
access to a child apply only to an order rendered on or after the
effective date of this Act. A court order rendered before the
effective date of this Act is governed by the law in effect on the
date the order was rendered, and the former law is continued in
effect for that purpose.
(b) Section 157.010, Family Code, as added by this Act,
applies only to an allegation received in a petition filed with the
court on or after the effective date of this Act. A petition filed
before the effective date of this Act is governed by the law in
effect on the date the petition was filed, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2015.