| 1 | 1 | | 85R2132 JSC-F |
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| 2 | 2 | | By: RodrÃguez S.B. No. 1235 |
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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 the rendition of certain temporary orders during the |
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| 8 | 8 | | pendency of a suit for modification of an order that provides for |
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| 9 | 9 | | the conservatorship, support, or possession of or access to a |
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| 10 | 10 | | child. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 156.006(b), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (b) While a suit for modification is pending, the court may |
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| 15 | 15 | | not render a temporary order that has the effect of creating a |
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| 16 | 16 | | designation, or changing the designation, of the person who has the |
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| 17 | 17 | | exclusive right to designate the primary residence of the child, or |
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| 18 | 18 | | the effect of creating a geographic area, or changing or |
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| 19 | 19 | | eliminating the geographic area, within which a conservator must |
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| 20 | 20 | | maintain the child's primary residence, under the final order |
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| 21 | 21 | | unless the temporary order is in the best interest of the child and: |
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| 22 | 22 | | (1) the order is necessary because the child's present |
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| 23 | 23 | | circumstances would significantly impair the child's physical |
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| 24 | 24 | | health or emotional development; |
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| 25 | 25 | | (2) the person designated in the final order has |
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| 26 | 26 | | voluntarily relinquished the primary care and possession of the |
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| 27 | 27 | | child for more than six months; or |
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| 28 | 28 | | (3) the child is 12 years of age or older and has |
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| 29 | 29 | | expressed to the court in chambers as provided by Section 153.009 |
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| 30 | 30 | | the name of the person who is the child's preference to have the |
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| 31 | 31 | | exclusive right to designate the primary residence of the child. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to a suit for modification pending before a trial court on or filed |
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| 34 | 34 | | on or after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2017. |
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