By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 868
(In the Senate - Received from the House April 8, 2021;
April 12, 2021, read first time and referred to Committee on State
Affairs; May 10, 2021, reported favorably by the following vote:
Yeas 7, Nays 0; May 10, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the jury charge and jury findings in a suit affecting
the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.002(c), Family Code, is amended to
read as follows:
(c) In a jury trial:
(1) a party is entitled to a verdict by the jury and
the court may not contravene a jury verdict on the issues of:
(A) the appointment of a sole managing
conservator;
(B) the appointment of joint managing
conservators;
(C) the appointment of a possessory conservator;
(D) the determination of which joint managing
conservator has the exclusive right to designate the primary
residence of the child;
(E) the determination of whether to impose a
restriction on the geographic area in which a sole managing
conservator or joint managing conservator may designate the child's
primary residence; and
(F) if a restriction described by Paragraph (E)
is imposed, the determination of the geographic area within which
the sole managing conservator or joint managing conservator must
designate the child's primary residence; and
(2) the court may not submit to the jury questions on
the issues of:
(A) support under Chapter 154 or Chapter 159;
(B) a specific term or condition of possession of
or access to the child; or
(C) any right or duty of a conservator, other
than a [the] determination [of which joint managing conservator has
the exclusive right to designate the primary residence of the
child] under Subdivision (1)(D), (E), or (F).
SECTION 2. The change in law made by this Act applies only
to a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.
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