Texas 2015 - 84th Regular

Texas Senate Bill SB815 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez S.B. No. 815
2		-	(Thompson of Harris)
	1	+	S.B. No. 815
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to a temporary restraining order for preservation of
8	6		property and protection of the parties in a suit for the dissolution
9	7		of marriage.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 6.501(a), Family Code, is amended to
12	10		read as follows:
13	11		(a) After the filing of a suit for dissolution of a
14	12		marriage, on the motion of a party or on the court's own motion, the
15	13		court may grant a temporary restraining order without notice to the
16	14		adverse party for the preservation of the property and for the
17	15		protection of the parties as necessary, including an order
18	16		prohibiting one or both parties from:
19	17		(1) intentionally communicating in person or in any
20	18		other manner, including by telephone or another electronic voice
21	19		transmission, video chat, [or] in writing, or electronic messaging,
22	20		with the other party by use of vulgar, profane, obscene, or indecent
23	21		language or in a coarse or offensive manner, with intent to annoy or
24	22		alarm the other party;
25	23		(2) threatening the other party in person or in any
26	24		other manner, including by telephone or another electronic voice
27	25		transmission, video chat, [or] in writing, or electronic messaging,
28	26		to take unlawful action against any person, intending by this
29	27		action to annoy or alarm the other party;
30	28		(3) placing a telephone call, anonymously, at an
31	29		unreasonable hour, in an offensive and repetitious manner, or
32	30		without a legitimate purpose of communication with the intent to
33	31		annoy or alarm the other party;
34	32		(4) intentionally, knowingly, or recklessly causing
35	33		bodily injury to the other party or to a child of either party;
36	34		(5) threatening the other party or a child of either
37	35		party with imminent bodily injury;
38	36		(6) intentionally, knowingly, or recklessly
39	37		destroying, removing, concealing, encumbering, transferring, or
40	38		otherwise harming or reducing the value of the property of the
41	39		parties or either party with intent to obstruct the authority of the
42	40		court to order a division of the estate of the parties in a manner
43	41		that the court deems just and right, having due regard for the
44	42		rights of each party and any children of the marriage;
45	43		(7) intentionally falsifying a writing or record,
46	44		including an electronic record, relating to the property of either
47	45		party;
48	46		(8) intentionally misrepresenting or refusing to
49	47		disclose to the other party or to the court, on proper request, the
50	48		existence, amount, or location of any tangible or intellectual
51	49		property of the parties or either party, including electronically
52	50		stored or recorded information;
53	51		(9) intentionally or knowingly damaging or destroying
54	52		the tangible or intellectual property of the parties or either
55	53		party, including electronically stored or recorded information;
56	54		[or]
57	55		(10) intentionally or knowingly tampering with the
58	56		tangible or intellectual property of the parties or either party,
59	57		including electronically stored or recorded information, and
60	58		causing pecuniary loss or substantial inconvenience to the other
61	59		party;
62	60		(11) except as specifically authorized by the court:
63	61		(A) selling, transferring, assigning,
64	62		mortgaging, encumbering, or in any other manner alienating any of
65	63		the property of the parties or either party, regardless of whether
66	64		the property is:
67	65		(i) personal property, real property, or
68	66		intellectual property; or
69	67		(ii) separate or community property;
70	68		(B) incurring any debt, other than legal expenses
71	69		in connection with the suit for dissolution of marriage;
72	70		(C) withdrawing money from any checking or
73	71		savings account in a financial institution for any purpose;
74	72		(D) spending any money in either party's
75	73		possession or subject to either party's control for any purpose;
76	74		(E) withdrawing or borrowing money in any manner
77	75		for any purpose from a retirement, profit sharing, pension, death,
78	76		or other employee benefit plan, employee savings plan, individual
79	77		retirement account, or Keogh account of either party; or
80	78		(F) withdrawing or borrowing in any manner all or
81	79		any part of the cash surrender value of a life insurance policy on
82	80		the life of either party or a child of the parties;
83	81		(12) entering any safe deposit box in the name of or
84	82		subject to the control of the parties or either party, whether
85	83		individually or jointly with others;
86	84		(13) changing or in any manner altering the
87	85		beneficiary designation on any life insurance policy on the life of
88	86		either party or a child of the parties;
89	87		(14) canceling, altering, failing to renew or pay
90	88		premiums on, or in any manner affecting the level of coverage that
91	89		existed at the time the suit was filed of, any life, casualty,
92	90		automobile, or health insurance policy insuring the parties'
93	91		property or persons, including a child of the parties;
94	92		(15) opening or diverting mail or e-mail or any other
95	93		electronic communication addressed to the other party;
96	94		(16) signing or endorsing the other party's name on any
97	95		negotiable instrument, check, or draft, including a tax refund,
98	96		insurance payment, and dividend, or attempting to negotiate any
99	97		negotiable instrument payable to the other party without the
100	98		personal signature of the other party;
101	99		(17) taking any action to terminate or limit credit or
102	100		charge credit cards in the name of the other party;
103	101		(18) discontinuing or reducing the withholding for
104	102		federal income taxes from either party's wages or salary;
105	103		(19) destroying, disposing of, or altering any
106	104		financial records of the parties, including a canceled check,
107	105		deposit slip, and other records from a financial institution, a
108	106		record of credit purchases or cash advances, a tax return, and a
109	107		financial statement;
110	108		(20) destroying, disposing of, or altering any e-mail,
111	109		text message, video message, or chat message or other electronic
112	110		data or electronically stored information relevant to the subject
113	111		matter of the suit for dissolution of marriage, regardless of
114	112		whether the information is stored on a hard drive, in a removable
115	113		storage device, in cloud storage, or in another electronic storage
116	114		medium;
117	115		(21) modifying, changing, or altering the native
118	116		format or metadata of any electronic data or electronically stored
119	117		information relevant to the subject matter of the suit for
120	118		dissolution of marriage, regardless of whether the information is
121	119		stored on a hard drive, in a removable storage device, in cloud
122	120		storage, or in another electronic storage medium;
123	121		(22) deleting any data or content from any social
124	122		network profile used or created by either party or a child of the
125	123		parties;
126	124		(23) using any password or personal identification
127	125		number to gain access to the other party's e-mail account, bank
128	126		account, social media account, or any other electronic account;
129	127		(24) terminating or in any manner affecting the
130	128		service of water, electricity, gas, telephone, cable television, or
131	129		any other contractual service, including security, pest control,
132	130		landscaping, or yard maintenance at the residence of either party,
133	131		or in any manner attempting to withdraw any deposit paid in
134	132		connection with any of those services;
135	133		(25) excluding the other party from the use and
136	134		enjoyment of a specifically identified residence of the other
137	135		party; or
138	136		(26) entering, operating, or exercising control over a
139	137		motor vehicle in the possession of the other party.
140	138		SECTION 2. The change in law made by this Act applies only
141	139		to a suit for dissolution of marriage that is filed on or after the
142	140		effective date of this Act. A suit for dissolution of marriage
143	141		filed before the effective date of this Act is governed by the law
144	142		in effect on the date the suit was filed, and the former law is
145	143		continued in effect for that purpose.
146	144		SECTION 3. This Act takes effect September 1, 2015.
	145	+	______________________________ ______________________________
	146	+	President of the Senate Speaker of the House
	147	+	I hereby certify that S.B. No. 815 passed the Senate on
	148	+	April 9, 2015, by the following vote: Yeas 31, Nays 0.
	149	+	______________________________
	150	+	Secretary of the Senate
	151	+	I hereby certify that S.B. No. 815 passed the House on
	152	+	May 5, 2015, by the following vote: Yeas 145, Nays 0, two present
	153	+	not voting.
	154	+	______________________________
	155	+	Chief Clerk of the House
	156	+	Approved:
	157	+	______________________________
	158	+	Date
	159	+	______________________________
	160	+	Governor