Texas 2017 - 85th Regular

Texas Senate Bill SB1237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodríguez S.B. No. 1237
2		-	(Lucio III)
	1	+	S.B. No. 1237
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to procedures in a suit for dissolution of a marriage or a
8	6		suit affecting the parent-child relationship.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 6.709, Family Code, is amended to read as
11	9		follows:
12	10		Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) In a suit
13	11		for dissolution of a marriage [Not later than the 30th day after the
14	12		date an appeal is perfected], on the motion of a party or on the
15	13		court's own motion, after notice and hearing, the trial court may
16	14		render a temporary order as considered equitable and necessary for
17	15		the preservation of the property and for the protection of the
18	16		parties during an [the] appeal, including an order directed toward
19	17		one or both parties [to]:
20	18		(1) requiring [require] the support of either spouse;
21	19		(2) requiring [require] the payment of reasonable and
22	20		necessary attorney's fees and expenses;
23	21		(3) appointing [appoint] a receiver for the
24	22		preservation and protection of the property of the parties; [or]
25	23		(4) awarding [award] one spouse exclusive occupancy of
26	24		the parties' residence pending the appeal;
27	25		(5) enjoining a party from dissipating or transferring
28	26		the property awarded to the other party in the trial court's
29	27		property division; or
30	28		(6) suspending the operation of all or part of the
31	29		property division that is being appealed.
32	30		(b) A temporary order under this section enjoining a party
33	31		from dissipating or transferring the property awarded to the other
34	32		party in the trial court's property division:
35	33		(1) may be rendered without:
36	34		(A) the issuance of a bond between the spouses;
37	35		or
38	36		(B) an affidavit or a verified pleading stating
39	37		specific facts showing that immediate and irreparable injury, loss,
40	38		or damage will result;
41	39		(2) is not required to:
42	40		(A) define the injury or state why the injury is
43	41		irreparable; or
44	42		(B) include an order setting the suit for trial
45	43		on the merits with respect to the ultimate relief sought; and
46	44		(3) may not prohibit a party's use, transfer,
47	45		conveyance, or dissipation of the property awarded to the other
48	46		party in the trial court's property division if the use, transfer,
49	47		conveyance, or dissipation of the property is for the purpose of
50	48		suspending the enforcement of the property division that is the
51	49		subject of the appeal.
52	50		(c) A temporary order under this section that suspends the
53	51		operation of all or part of the property division that is the
54	52		subject of the appeal may not be rendered unless the trial court
55	53		takes reasonable steps to ensure that the party awarded property in
56	54		the trial court's property division is protected from the other
57	55		party's dissipation or transfer of that property.
58	56		(d) In considering a party's request to suspend the
59	57		enforcement of the property division, the trial court shall
60	58		consider whether:
61	59		(1) any relief granted under Subsection (a) is
62	60		adequate to protect the party's interest in the property awarded to
63	61		the party; or
64	62		(2) the party who was not awarded the property should
65	63		also be required to provide security for the appeal in addition to
66	64		any relief granted under Subsection (a).
67	65		(e) If the trial court determines that the party awarded the
68	66		property can be adequately protected from the other party's
69	67		dissipation of assets during the appeal only if the other party
70	68		provides security for the appeal, the trial court shall set the
71	69		appropriate amount of security, taking into consideration any
72	70		relief granted under Subsection (a) and the amount of security that
73	71		the other party would otherwise have to provide by law if relief
74	72		under Subsection (a) was not granted.
75	73		(f) In rendering a temporary order under this section that
76	74		suspends enforcement of all or part of the property division, the
77	75		trial court may grant any relief under Subsection (a), in addition
78	76		to requiring the party who was not awarded the property to post
79	77		security for that part of the property division to be suspended.
80	78		The trial court may require that the party who was not awarded the
81	79		property post all or only part of the security that would otherwise
82	80		be required by law.
83	81		(g) This section does not prevent a party who was not
84	82		awarded the property from exercising that party's right to suspend
85	83		the enforcement of the property division as provided by law.
86	84		(h) A motion seeking an original temporary order under this
87	85		section:
88	86		(1) may be filed before trial; and
89	87		(2) may not be filed by a party after the date by which
90	88		that party is required to file the party's notice of appeal under
91	89		the Texas Rules of Appellate Procedure.
92	90		(i) The trial court retains jurisdiction to conduct a
93	91		hearing and sign an original temporary order under this section
94	92		until the 60th day after the date any eligible party has filed a
95	93		notice of appeal from final judgment under the Texas Rules of
96	94		Appellate Procedure.
97	95		(j) The trial court retains jurisdiction to modify and
98	96		enforce a temporary order under this section unless the appellate
99	97		court, on a proper showing, supersedes the trial court's order.
100	98		(k) On the motion of a party or on the court's own motion,
101	99		after notice and hearing, the trial court may modify a previous
102	100		temporary order rendered under this section if:
103	101		(1) the circumstances of a party have materially and
104	102		substantially changed since the rendition of the previous order;
105	103		and
106	104		(2) modification is equitable and necessary for the
107	105		preservation of the property or for the protection of the parties
108	106		during the appeal.
109	107		(l) A party may seek review of the trial court's temporary
110	108		order under this section by:
111	109		(1) motion filed in the court of appeals with
112	110		jurisdiction or potential jurisdiction over the appeal from the
113	111		judgment in the case;
114	112		(2) proper assignment in the party's brief; or
115	113		(3) petition for writ of mandamus.
116	114		(m) A temporary order rendered under this section is not
117	115		subject to interlocutory appeal.
118	116		(n) The remedies provided in this section are cumulative of
119	117		all other remedies allowed by law.
120	118		SECTION 2. Section 6.711, Family Code, is amended by
121	119		amending Subsection (a) and adding Subsection (c) to read as
122	120		follows:
123	121		(a) In a suit for dissolution of a marriage in which the
124	122		court has rendered a judgment dividing the estate of the parties, on
125	123		request by a party, the court shall state in writing its findings of
126	124		fact and conclusions of law, including [concerning:
127	125		[(1)] the characterization and value of all [each
128	126		party's] assets, liabilities, claims, and offsets on which disputed
129	127		evidence has been presented[; and
130	128		[(2) the value or amount of the community estate's
131	129		assets, liabilities, claims, and offsets on which disputed evidence
132	130		has been presented].
133	131		(c) The findings of fact and conclusions of law required by
134	132		this section are in addition to any other findings or conclusions
135	133		required or authorized by law.
136	134		SECTION 3. Section 9.007(c), Family Code, is amended to
137	135		read as follows:
138	136		(c) The trial court may not [power of the court to] render an
139	137		order [further orders] to assist in the implementation of or to
140	138		clarify the property division made or approved in the decree before
141	139		the 30th day after the date the final judgment is signed. If a
142	140		timely motion for new trial or to vacate, modify, correct, or reform
143	141		the decree is filed, the trial court may not render an order to
144	142		assist in the implementation of or to clarify the property division
145	143		made or approved in the decree before the 30th day after the date
146	144		the order overruling the motion is signed or the motion is overruled
147	145		by operation of law [is abated while an appellate proceeding is
148	146		pending].
149	147		SECTION 4. Section 109.001, Family Code, is amended by
150	148		amending Subsections (a) and (b) and adding Subsections (b-1),
151	149		(b-2), (b-3), (b-4), (b-5), and (e) to read as follows:
152	150		(a) In a suit affecting the parent-child relationship [Not
153	151		later than the 30th day after the date an appeal is perfected], on
154	152		the motion of any party or on the court's own motion and after
155	153		notice and hearing, the court may make any order necessary to
156	154		preserve and protect the safety and welfare of the child during the
157	155		pendency of an [the] appeal as the court may deem necessary and
158	156		equitable. In addition to other matters, an order may:
159	157		(1) appoint temporary conservators for the child and
160	158		provide for possession of the child;
161	159		(2) require the temporary support of the child by a
162	160		party;
163	161		(3) enjoin [restrain] a party from molesting or
164	162		disturbing the peace of the child or another party;
165	163		(4) prohibit a person from removing the child beyond a
166	164		geographical area identified by the court;
167	165		(5) require payment of reasonable and necessary
168	166		attorney's fees and expenses; or
169	167		(6) suspend the operation of the order or judgment
170	168		that is being appealed.
171	169		(b) A temporary order under this section enjoining a party
172	170		from molesting or disturbing the peace of the child or another
173	171		party:
174	172		(1) may be rendered without:
175	173		(A) the issuance of a bond between the spouses;
176	174		or
177	175		(B) an affidavit or a verified pleading stating
178	176		specific facts showing that immediate and irreparable injury, loss,
179	177		or damage will result; and
180	178		(2) is not required to:
181	179		(A) define the injury or state why the injury is
182	180		irreparable; or
183	181		(B) include an order setting the suit for trial
184	182		on the merits with respect to the ultimate relief sought.
185	183		(b-1) A motion seeking an original temporary order under
186	184		this section:
187	185		(1) may be filed before trial; and
188	186		(2) may not be filed by a party after the date by which
189	187		that party is required to file the party's notice of appeal under
190	188		the Texas Rules of Appellate Procedure.
191	189		(b-2) The trial court retains jurisdiction to conduct a
192	190		hearing and sign a temporary order under this section until the 60th
193	191		day after the date any eligible party has filed a notice of appeal
194	192		from final judgment under the Texas Rules of Appellate Procedure.
195	193		(b-3) The trial court retains jurisdiction to modify and
196	194		enforce a temporary order [its orders rendered] under this section
197	195		unless the appellate court, on a proper showing, supersedes the
198	196		court's order.
199	197		(b-4) On the motion of a party or on the court's own motion,
200	198		after notice and hearing, the trial court may modify a previous
201	199		temporary order rendered under this section if:
202	200		(1) the circumstances of a party have materially and
203	201		substantially changed since the rendition of the previous order;
204	202		and
205	203		(2) modification is equitable and necessary for the
206	204		safety and welfare of the child.
207	205		(b-5) A party may seek review of the trial court's temporary
208	206		order under this section by:
209	207		(1) petition for writ of mandamus; or
210	208		(2) proper assignment in the party's brief.
211	209		(e) The remedies provided in this section are cumulative of
212	210		all other remedies allowed by law.
213	211		SECTION 5. The heading to Section 109.002, Family Code, is
214	212		amended to read as follows:
215	213		Sec. 109.002. APPELLATE REVIEW [APPEAL].
216	214		SECTION 6. Section 109.002, Family Code, is amended by
217	215		amending Subsection (a) and adding Subsection (a-1) to read as
218	216		follows:
219	217		(a) An appeal from a final order rendered in a suit, when
220	218		allowed under this section or under other provisions of law, shall
221	219		be as in civil cases generally under the Texas Rules of Appellate
222	220		Procedure, except that an appeal from a final order rendered under
223	221		Subchapter D, Chapter 152, must comply with Section 152.314.
224	222		(a-1) An appeal in a suit in which termination of the
225	223		parent-child relationship is ordered [in issue] shall be given
226	224		precedence over other civil cases by the appellate courts, [and]
227	225		shall be accelerated, and shall follow [by] the [appellate courts.
228	226		The] procedures for an accelerated appeal under the Texas Rules of
229	227		Appellate Procedure [apply to an appeal in which the termination of
230	228		the parent-child relationship is in issue].
231	229		SECTION 7. Section 109.003, Family Code, is amended to read
232	230		as follows:
233	231		Sec. 109.003. PAYMENT FOR COURT REPORTER'S RECORD
234	232		[STATEMENT OF FACTS]. (a) If the party requesting a court
235	233		reporter's record [statement of facts] in an appeal of a suit has
236	234		filed an affidavit stating the party's inability to pay costs as
237	235		provided by Rule 20, Texas Rules of Appellate Procedure, and the
238	236		affidavit is approved by the trial court, the trial court may order
239	237		the county in which the trial was held to pay the costs of preparing
240	238		the court reporter's record [statement of facts].
241	239		(b) Nothing in this section shall be construed to permit an
242	240		official court reporter to be paid more than once for the
243	241		preparation of the court reporter's record [statement of facts].
244	242		SECTION 8. Section 152.314, Family Code, is amended to read
245	243		as follows:
246	244		Sec. 152.314. ACCELERATED APPEALS. An appeal may be taken
247	245		from a final order in a proceeding under this subchapter in
248	246		accordance with accelerated [expedited] appellate procedures in
249	247		other civil cases. Unless the court enters a temporary emergency
250	248		order under Section 152.204, the enforcing court may not stay an
251	249		order enforcing a child custody determination pending appeal.
252	250		SECTION 9. Section 153.258, Family Code, is amended to read
253	251		as follows:
254	252		Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
255	253		STANDARD ORDER. (a) In [Without regard to Rules 296 through 299,
256	254		Texas Rules of Civil Procedure, in] all cases in which possession of
257	255		a child by a parent is contested and the possession of the child
258	256		varies from the standard possession order, including a possession
259	257		order for a child under three years of age, on [written] request by
260	258		a party [made or filed with the court not later than 10 days after
261	259		the date of the hearing or on oral request made in open court during
262	260		the hearing], the court shall state in writing [the order] the
263	261		specific reasons for the variance from the standard order.
264	262		(b) A request for findings of fact under this section must
265	263		conform to the Texas Rules of Civil Procedure.
266	264		SECTION 10. Section 154.130, Family Code, is amended by
267	265		amending Subsection (a) and adding Subsection (c) to read as
268	266		follows:
269	267		(a) Without regard to Rules 296 through 299, Texas Rules of
270	268		Civil Procedure, in rendering an order of child support, the court
271	269		shall make the findings required by Subsection (b) if:
272	270		(1) a party files a written request with the court
273	271		before the final order is signed, but not later than 20 [10] days
274	272		after the date of rendition of the order [the hearing];
275	273		(2) a party makes an oral request in open court during
276	274		the hearing; or
277	275		(3) the amount of child support ordered by the court
278	276		varies from the amount computed by applying the percentage
279	277		guidelines under Section 154.125 or 154.129, as applicable.
280	278		(c) Findings under Subsection (b)(2) are required only if
281	279		evidence of the monthly net resources of the obligee has been
282	280		offered.
283	281		SECTION 11. Section 156.005, Family Code, is amended to
284	282		read as follows:
285	283		Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION.
286	284		Notwithstanding Rules 296 through 299, Texas Rules of Civil
287	285		Procedure, if [If] the court finds that a suit for modification is
288	286		filed frivolously or is designed to harass a party, the court shall
289	287		state that finding in the order and assess [tax] attorney's fees as
290	288		costs against the offending party.
291	289		SECTION 12. The following sections of the Family Code are
292	290		repealed:
293	291		(1) Sections 153.254(b) and (c); and
294	292		(2) Section 154.130(a-1).
295	293		SECTION 13. Notwithstanding Section 6.709, Family Code, as
296	294		amended by this Act, if any eligible parties have filed a notice of
297	295		appeal from a final judgment under the Texas Rules of Appellate
298	296		Procedure before September 1, 2017, any party to the appeal may file
299	297		a motion in the trial court for an original temporary order under
300	298		Section 6.709, Family Code, as it existed immediately before the
301	299		effective date of this Act, and the trial court has jurisdiction to
302	300		conduct a hearing and sign an original temporary order under that
303	301		section until October 30, 2017.
304	302		SECTION 14. Except as provided by Section 13 of this Act,
305	303		the changes in law made by this Act apply only to an order that is
306	304		rendered on or after the effective date of this Act. An order
307	305		rendered before the effective date of this Act is governed by the
308	306		law in effect immediately before that date, and the former law is
309	307		continued in effect for that purpose.
310	308		SECTION 15. This Act takes effect September 1, 2017.
	309	+	______________________________ ______________________________
	310	+	President of the Senate Speaker of the House
	311	+	I hereby certify that S.B. No. 1237 passed the Senate on
	312	+	May 4, 2017, by the following vote: Yeas 30, Nays 1.
	313	+	______________________________
	314	+	Secretary of the Senate
	315	+	I hereby certify that S.B. No. 1237 passed the House on
	316	+	May 19, 2017, by the following vote: Yeas 144, Nays 0, two
	317	+	present not voting.
	318	+	______________________________
	319	+	Chief Clerk of the House
	320	+	Approved:
	321	+	______________________________
	322	+	Date
	323	+	______________________________
	324	+	Governor