| 1 | 1 | | 84R2016 EES-F |
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| 2 | 2 | | By: RodrÃguez S.B. No. 819 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain temporary orders in a suit for modification of |
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| 8 | 8 | | an order in a suit affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 156.006, Family Code, is amended by |
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| 11 | 11 | | adding Subsection (b-1) to read as follows: |
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| 12 | 12 | | (b-1) A person who files a motion for a temporary order |
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| 13 | 13 | | authorized by Subsection (b)(1) shall execute and attach to the |
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| 14 | 14 | | motion an affidavit on the person's personal knowledge or the |
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| 15 | 15 | | person's belief based on representations made to the person by a |
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| 16 | 16 | | person with personal knowledge that contains facts that support the |
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| 17 | 17 | | allegation that the child's present circumstances would |
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| 18 | 18 | | significantly impair the child's physical health or emotional |
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| 19 | 19 | | development. The court shall deny the relief sought and decline to |
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| 20 | 20 | | schedule a hearing on the motion unless the court determines, on the |
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| 21 | 21 | | basis of the affidavit, that facts adequate to support the |
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| 22 | 22 | | allegation are stated in the affidavit. If the court determines |
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| 23 | 23 | | that the facts stated are adequate to support the allegation, the |
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| 24 | 24 | | court shall set a time and place for the hearing. |
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| 25 | 25 | | SECTION 2. Section 156.006(b-1), Family Code, as added by |
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| 26 | 26 | | this Act, applies to a suit for modification filed on or after the |
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| 27 | 27 | | effective date of this Act. A suit for modification filed before |
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| 28 | 28 | | that date is governed by the law in effect on the date the suit was |
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| 29 | 29 | | filed, and the former law is continued in effect for that purpose. |
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| 30 | 30 | | SECTION 3. This Act takes effect September 1, 2015. |
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