| 1 | 1 | | 86R9048 JSC-F |
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| 2 | 2 | | By: Campbell S.B. No. 980 |
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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 military deployment, military mobilization, or |
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| 8 | 8 | | temporary military duty of a conservator in a suit affecting the |
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| 9 | 9 | | parent-child relationship. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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| 12 | 12 | | amended by adding Section 153.0035 to read as follows: |
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| 13 | 13 | | Sec. 153.0035. PROHIBITION AGAINST DISCRIMINATION BASED ON |
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| 14 | 14 | | MILITARY DEPLOYMENT. (a) In determining issues of conservatorship |
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| 15 | 15 | | of or possession of or access to a child, the court: |
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| 16 | 16 | | (1) may not consider a parent's past or possible future |
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| 17 | 17 | | military deployment, military mobilization, or temporary military |
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| 18 | 18 | | duty as the sole determining factor in determining the best |
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| 19 | 19 | | interest of the child; and |
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| 20 | 20 | | (2) may consider any significant impact on the best |
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| 21 | 21 | | interest of the child of the parent's past or possible future |
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| 22 | 22 | | military deployment, military mobilization, or temporary military |
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| 23 | 23 | | duty. |
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| 24 | 24 | | (b) In this section, "military deployment," "military |
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| 25 | 25 | | mobilization," and "temporary military duty" have the meanings |
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| 26 | 26 | | assigned by Section 153.701. |
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| 27 | 27 | | SECTION 2. Subchapter L, Chapter 153, Family Code, is |
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| 28 | 28 | | amended by adding Section 153.7015 to read as follows: |
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| 29 | 29 | | Sec. 153.7015. REQUIRED NOTIFICATION BY CONSERVATOR |
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| 30 | 30 | | ORDERED TO MILITARY SERVICE. (a) Subject to Subsection (b), a |
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| 31 | 31 | | conservator who is ordered to military deployment, military |
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| 32 | 32 | | mobilization, or temporary military duty shall notify the other |
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| 33 | 33 | | conservator not later than the seventh day after the date the |
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| 34 | 34 | | conservator receives notice of the deployment, mobilization, or |
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| 35 | 35 | | duty unless reasonably prevented from doing so by the circumstances |
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| 36 | 36 | | of the conservator's military service. If the circumstances of the |
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| 37 | 37 | | conservator's military service prevent the conservator from giving |
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| 38 | 38 | | notification within the seven days, the conservator shall give the |
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| 39 | 39 | | notification as soon as reasonably possible. |
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| 40 | 40 | | (b) If a court order currently in effect prohibits |
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| 41 | 41 | | disclosure of the address or contact information of the conservator |
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| 42 | 42 | | to whom notification must be given under Subsection (a), |
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| 43 | 43 | | notification may be made only to the court with continuing |
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| 44 | 44 | | jurisdiction over the child. If the address of the conservator to |
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| 45 | 45 | | whom notification must be given under Subsection (a) is available |
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| 46 | 46 | | to the court, the court shall forward the notification to that |
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| 47 | 47 | | conservator. The court shall keep confidential the address or |
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| 48 | 48 | | contact information of the conservator receiving notification. |
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| 49 | 49 | | (c) In a proceeding regarding possession of or access to a |
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| 50 | 50 | | child, a court may consider the reasonableness of a conservator's |
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| 51 | 51 | | efforts to comply with this section. |
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| 52 | 52 | | SECTION 3. Section 153.707(a), Family Code, is amended to |
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| 53 | 53 | | read as follows: |
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| 54 | 54 | | (a) If [On] a [motion by the] conservator [who] has been |
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| 55 | 55 | | ordered to military deployment, military mobilization, or |
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| 56 | 56 | | temporary military duty and the conservator's military duties have |
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| 57 | 57 | | a material effect on the conservator's ability to appear in person |
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| 58 | 58 | | at any hearing in a suit affecting the parent-child relationship, |
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| 59 | 59 | | on motion of any party or on the court's own motion, the court |
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| 60 | 60 | | shall[, for good cause shown,] hold an expedited hearing [if the |
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| 61 | 61 | | court finds that the conservator's military duties have a material |
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| 62 | 62 | | effect on the conservator's ability to appear in person at a |
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| 63 | 63 | | regularly scheduled hearing]. |
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| 64 | 64 | | SECTION 4. (a) Section 153.0035, Family Code, as added by |
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| 65 | 65 | | this Act, applies only to an order granting conservatorship of or |
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| 66 | 66 | | possession of or access to a child rendered on or after the |
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| 67 | 67 | | effective date of this Act. |
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| 68 | 68 | | (b) Section 153.7015, Family Code, as added by this Act, |
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| 69 | 69 | | applies only to a conservator who receives notice of the |
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| 70 | 70 | | conservator's pending military deployment, military mobilization, |
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| 71 | 71 | | or temporary military duty on or after the effective date of this |
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| 72 | 72 | | Act. |
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| 73 | 73 | | (c) Section 153.707, Family Code, as amended by this Act, |
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| 74 | 74 | | applies only to a motion made on or after the effective date of this |
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| 75 | 75 | | Act. |
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| 76 | 76 | | SECTION 5. This Act takes effect September 1, 2019. |
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