By: Perry S.B. No. 454
(In the Senate - Filed January 10, 2017; February 6, 2017,
read first time and referred to Committee on State Affairs;
March 6, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 6, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 454 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to certain protective orders in a suit for dissolution of
marriage or a suit affecting the parent-child relationship,
including a proceeding to adjudicate parentage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.405, Family Code, is amended to read as
follows:
Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The
petition in a suit for dissolution of a marriage must state whether,
in regard to a party to the suit or a child of a party to the suit:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Chapter 7A, Code of
Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; [is in effect] or
(2) [if] an application for an [a protective] order
described by Subdivision (1) is pending [with regard to the parties
to the suit].
(b) The petitioner shall attach to the petition a copy of
each [protective] order described by Subsection (a)(1) [issued
under Title 4] in which a party [one of the parties] to the suit or
the child of a party to the suit was the applicant or victim of the
conduct alleged in the application or order and the other party was
the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the [protective] order is not available at
the time of filing, the petition must state that a copy of the order
will be filed with the court before any hearing.
SECTION 2. Section 102.008, Family Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The petition must include:
(1) a statement that the court in which the petition is
filed has continuing, exclusive jurisdiction or that no court has
continuing jurisdiction of the suit;
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made; [and]
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Chapter 7A,
Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
(c) The petitioner shall attach a copy of each order
described by Subsection (b)(11)(A) in which a party to the suit or a
child of a party to the suit was the applicant or victim of the
conduct alleged in the application or order and the other party was
the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the order is not available at the time of
filing, the petition must state that a copy of the order will be
filed with the court before any hearing.
(d) Notwithstanding any other provision of this section, if
the Title IV-D agency files a petition in a suit affecting the
parent-child relationship, the agency is not required to:
(1) include in the petition the statement described by
Subsection (b)(11); or
(2) attach copies of the documentation described by
Subsection (c).
SECTION 3. Subchapter G, Chapter 160, Family Code, is
amended by adding Section 160.6035 to read as follows:
Sec. 160.6035. CONTENTS OF PETITION; STATEMENT RELATING TO
CERTAIN PROTECTIVE ORDERS REQUIRED. (a) The petition in a
proceeding to adjudicate parentage must include a statement as to
whether, in regard to a party to the proceeding or a child of a party
to the proceeding:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Chapter 7A, Code of
Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
(b) The petitioner shall attach a copy of each order
described by Subsection (a)(1) in which a party to the proceeding or
a child of a party to the proceeding was the applicant or victim of
the conduct alleged in the application or order and the other party
was the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the order is not available at the time of
filing, the petition must state that a copy of the order will be
filed with the court before any hearing.
(c) Notwithstanding any other provision of this section, if
the Title IV-D agency files a petition in a proceeding to adjudicate
parentage, the agency is not required to:
(1) include in the petition the statement described by
Subsection (a); or
(2) attach copies of the documentation described by
Subsection (b).
SECTION 4. The change in law made by this Act applies only
to a petition filed on or after the effective date of this Act. A
petition filed before the effective date of this Act is governed by
the law in effect on the date the petition was filed, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2017.
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