By: RodrÃguez S.B. No. 1237
A BILL TO BE ENTITLED
AN ACT
relating to procedures in a suit for dissolution of a marriage or a
suit affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.709, Family Code, is amended to read as
follows:
Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) In a suit
for dissolution of a marriage [Not later than the 30th day after the
date an appeal is perfected], on the motion of a party or on the
court's own motion, after notice and hearing, the trial court may
render a temporary order as considered equitable and necessary for
the preservation of the property and for the protection of the
parties during an [the] appeal, including an order directed toward
one or both parties [to]:
(1) requiring [require] the support of either spouse;
(2) requiring [require] the payment of reasonable and
necessary attorney's fees and expenses;
(3) appointing [appoint] a receiver for the
preservation and protection of the property of the parties; [or]
(4) awarding [award] one spouse exclusive occupancy of
the parties' residence pending the appeal;
(5) enjoining a party from dissipating or transferring
the property awarded to the other party in the trial court's
property division; or
(6) suspending the operation of all or part of the
property division that is being appealed.
(b) A temporary order under this section enjoining a party
from dissipating or transferring the property awarded to the other
party in the trial court's property division:
(1) may be rendered without:
(A) the issuance of a bond between the spouses;
or
(B) an affidavit or a verified pleading stating
specific facts showing that immediate and irreparable injury, loss,
or damage will result;
(2) is not required to:
(A) define the injury or state why the injury is
irreparable; or
(B) include an order setting the suit for trial
on the merits with respect to the ultimate relief sought; and
(3) may not prohibit a party's use, transfer,
conveyance, or dissipation of the property awarded to the other
party in the trial court's property division if the use, transfer,
conveyance, or dissipation of the property is for the purpose of
suspending the enforcement of the property division that is the
subject of the appeal.
(c) A temporary order under this section that suspends the
operation of all or part of the property division that is the
subject of the appeal may not be rendered unless the trial court
takes reasonable steps to ensure that the party awarded property in
the trial court's property division is protected from the other
party's dissipation or transfer of that property.
(d) In considering a party's request to suspend the
enforcement of the property division, the trial court shall
consider whether:
(1) any relief granted under Subsection (a) is
adequate to protect the party's interest in the property awarded to
the party; or
(2) the party who was not awarded the property should
also be required to provide security for the appeal in addition to
any relief granted under Subsection (a).
(e) If the trial court determines that the party awarded the
property can be adequately protected from the other party's
dissipation of assets during the appeal only if the other party
provides security for the appeal, the trial court shall set the
appropriate amount of security, taking into consideration any
relief granted under Subsection (a) and the amount of security that
the other party would otherwise have to provide by law if relief
under Subsection (a) was not granted.
(f) In rendering a temporary order under this section that
suspends enforcement of all or part of the property division, the
trial court may grant any relief under Subsection (a), in addition
to requiring the party who was not awarded the property to post
security for that part of the property division to be suspended.
The trial court may require that the party who was not awarded the
property post all or only part of the security that would otherwise
be required by law.
(g) This section does not prevent a party who was not
awarded the property from exercising that party's right to suspend
the enforcement of the property division as provided by law.
(h) A motion seeking an original temporary order under this
section:
(1) may be filed before trial; and
(2) may not be filed by a party after the date by which
that party is required to file the party's notice of appeal under
the Texas Rules of Appellate Procedure.
(i) The trial court retains jurisdiction to conduct a
hearing and sign an original temporary order under this section
until the 60th day after the date any eligible party has filed a
notice of appeal from final judgment under the Texas Rules of
Appellate Procedure.
(j) The trial court retains jurisdiction to modify and
enforce a temporary order under this section unless the appellate
court, on a proper showing, supersedes the trial court's order.
(k) On the motion of a party or on the court's own motion,
after notice and hearing, the trial court may modify a previous
temporary order rendered under this section if:
(1) the circumstances of a party have materially and
substantially changed since the rendition of the previous order;
and
(2) modification is equitable and necessary for the
preservation of the property or for the protection of the parties
during the appeal.
(l) A party may seek review of the trial court's temporary
order under this section by:
(1) motion filed in the court of appeals with
jurisdiction or potential jurisdiction over the appeal from the
judgment in the case;
(2) proper assignment in the party's brief; or
(3) petition for writ of mandamus.
(m) A temporary order rendered under this section is not
subject to interlocutory appeal.
(n) The remedies provided in this section are cumulative of
all other remedies allowed by law.
SECTION 2. Section 6.711, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) In a suit for dissolution of a marriage in which the
court has rendered a judgment dividing the estate of the parties, on
request by a party, the court shall state in writing its findings of
fact and conclusions of law, including [concerning:
[(1)] the characterization and value of all [each
party's] assets, liabilities, claims, and offsets on which disputed
evidence has been presented[; and
[(2) the value or amount of the community estate's
assets, liabilities, claims, and offsets on which disputed evidence
has been presented].
(c) The findings of fact and conclusions of law required by
this section are in addition to any other findings or conclusions
required or authorized by law.
SECTION 3. Section 9.007(c), Family Code, is amended to
read as follows:
(c) The trial court may not [power of the court to] render an
order [further orders] to assist in the implementation of or to
clarify the property division made or approved in the decree before
the 30th day after the date the final judgment is signed. If a
timely motion for new trial or to vacate, modify, correct, or reform
the decree is filed, the trial court may not render an order to
assist in the implementation of or to clarify the property division
made or approved in the decree before the 30th day after the date
the order overruling the motion is signed or the motion is overruled
by operation of law [is abated while an appellate proceeding is
pending].
SECTION 4. Section 109.001, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), (b-3), (b-4), (b-5), and (e) to read as follows:
(a) In a suit affecting the parent-child relationship [Not
later than the 30th day after the date an appeal is perfected], on
the motion of any party or on the court's own motion and after
notice and hearing, the court may make any order necessary to
preserve and protect the safety and welfare of the child during the
pendency of an [the] appeal as the court may deem necessary and
equitable. In addition to other matters, an order may:
(1) appoint temporary conservators for the child and
provide for possession of the child;
(2) require the temporary support of the child by a
party;
(3) enjoin [restrain] a party from molesting or
disturbing the peace of the child or another party;
(4) prohibit a person from removing the child beyond a
geographical area identified by the court;
(5) require payment of reasonable and necessary
attorney's fees and expenses; or
(6) suspend the operation of the order or judgment
that is being appealed.
(b) A temporary order under this section enjoining a party
from molesting or disturbing the peace of the child or another
party:
(1) may be rendered without:
(A) the issuance of a bond between the spouses;
or
(B) an affidavit or a verified pleading stating
specific facts showing that immediate and irreparable injury, loss,
or damage will result; and
(2) is not required to:
(A) define the injury or state why the injury is
irreparable; or
(B) include an order setting the suit for trial
on the merits with respect to the ultimate relief sought.
(b-1) A motion seeking an original temporary order under
this section:
(1) may be filed before trial; and
(2) may not be filed by a party after the date by which
that party is required to file the party's notice of appeal under
the Texas Rules of Appellate Procedure.
(b-2) The trial court retains jurisdiction to conduct a
hearing and sign a temporary order under this section until the 60th
day after the date any eligible party has filed a notice of appeal
from final judgment under the Texas Rules of Appellate Procedure.
(b-3) The trial court retains jurisdiction to modify and
enforce a temporary order [its orders rendered] under this section
unless the appellate court, on a proper showing, supersedes the
court's order.
(b-4) On the motion of a party or on the court's own motion,
after notice and hearing, the trial court may modify a previous
temporary order rendered under this section if:
(1) the circumstances of a party have materially and
substantially changed since the rendition of the previous order;
and
(2) modification is equitable and necessary for the
safety and welfare of the child.
(b-5) A party may seek review of the trial court's temporary
order under this section by:
(1) petition for writ of mandamus; or
(2) proper assignment in the party's brief.
(e) The remedies provided in this section are cumulative of
all other remedies allowed by law.
SECTION 5. The heading to Section 109.002, Family Code, is
amended to read as follows:
Sec. 109.002. APPELLATE REVIEW [APPEAL].
SECTION 6. Section 109.002, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) An appeal from a final order rendered in a suit, when
allowed under this section or under other provisions of law, shall
be as in civil cases generally under the Texas Rules of Appellate
Procedure, except that an appeal from a final order rendered under
Subchapter D, Chapter 152, must comply with Section 152.314.
(a-1) An appeal in a suit in which termination of the
parent-child relationship is ordered [in issue] shall be given
precedence over other civil cases by the appellate courts, [and]
shall be accelerated, and shall follow [by] the [appellate courts.
The] procedures for an accelerated appeal under the Texas Rules of
Appellate Procedure [apply to an appeal in which the termination of
the parent-child relationship is in issue].
SECTION 7. Section 109.003, Family Code, is amended to read
as follows:
Sec. 109.003. PAYMENT FOR COURT REPORTER'S RECORD
[STATEMENT OF FACTS]. (a) If the party requesting a court
reporter's record [statement of facts] in an appeal of a suit has
filed an affidavit stating the party's inability to pay costs as
provided by Rule 20, Texas Rules of Appellate Procedure, and the
affidavit is approved by the trial court, the trial court may order
the county in which the trial was held to pay the costs of preparing
the court reporter's record [statement of facts].
(b) Nothing in this section shall be construed to permit an
official court reporter to be paid more than once for the
preparation of the court reporter's record [statement of facts].
SECTION 8. Section 152.314, Family Code, is amended to read
as follows:
Sec. 152.314. ACCELERATED APPEALS. An appeal may be taken
from a final order in a proceeding under this subchapter in
accordance with accelerated [expedited] appellate procedures in
other civil cases. Unless the court enters a temporary emergency
order under Section 152.204, the enforcing court may not stay an
order enforcing a child custody determination pending appeal.
SECTION 9. Section 153.258, Family Code, is amended to read
as follows:
Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
STANDARD ORDER. (a) In [Without regard to Rules 296 through 299,
Texas Rules of Civil Procedure, in] all cases in which possession of
a child by a parent is contested and the possession of the child
varies from the standard possession order, including a possession
order for a child under three years of age, on [written] request by
a party [made or filed with the court not later than 10 days after
the date of the hearing or on oral request made in open court during
the hearing], the court shall state in writing [the order] the
specific reasons for the variance from the standard order.
(b) A request for findings of fact under this section must
conform to the Texas Rules of Civil Procedure.
SECTION 10. Section 154.130, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Without regard to Rules 296 through 299, Texas Rules of
Civil Procedure, in rendering an order of child support, the court
shall make the findings required by Subsection (b) if:
(1) a party files a written request with the court
before the final order is signed, but not later than 20 [10] days
after the date of rendition of the order [the hearing];
(2) a party makes an oral request in open court during
the hearing; or
(3) the amount of child support ordered by the court
varies from the amount computed by applying the percentage
guidelines under Section 154.125 or 154.129, as applicable.
(c) Findings under Subsection (b)(2) are required only if
evidence of the monthly net resources of the obligee has been
offered.
SECTION 11. Section 156.005, Family Code, is amended to
read as follows:
Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION.
Notwithstanding Rules 296 through 299, Texas Rules of Civil
Procedure, if [If] the court finds that a suit for modification is
filed frivolously or is designed to harass a party, the court shall
state that finding in the order and assess [tax] attorney's fees as
costs against the offending party.
SECTION 12. The following sections of the Family Code are
repealed:
(1) Sections 153.254(b) and (c); and
(2) Section 154.130(a-1).
SECTION 13. Notwithstanding Section 6.709, Family Code, as
amended by this Act, if any eligible parties have filed a notice of
appeal from a final judgment under the Texas Rules of Appellate
Procedure before September 1, 2017, any party to the appeal may file
a motion in the trial court for an original temporary order under
Section 6.709, Family Code, as it existed immediately before the
effective date of this Act, and the trial court has jurisdiction to
conduct a hearing and sign an original temporary order under that
section until October 30, 2017.
SECTION 14. Except as provided by Section 13 of this Act,
the changes in law made by this Act apply only to an order that is
rendered on or after the effective date of this Act. An order
rendered before the effective date of this Act is governed by the
law in effect immediately before that date, and the former law is
continued in effect for that purpose.
SECTION 15. This Act takes effect September 1, 2017.