1 | | - | H.B. No. 868 |
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| 1 | + | By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 868 |
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| 2 | + | (In the Senate - Received from the House April 8, 2021; |
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| 3 | + | April 12, 2021, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 10, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 7, Nays 0; May 10, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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4 | 10 | | AN ACT |
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5 | 11 | | relating to the jury charge and jury findings in a suit affecting |
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6 | 12 | | the parent-child relationship. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Section 105.002(c), Family Code, is amended to |
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9 | 15 | | read as follows: |
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10 | 16 | | (c) In a jury trial: |
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11 | 17 | | (1) a party is entitled to a verdict by the jury and |
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12 | 18 | | the court may not contravene a jury verdict on the issues of: |
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13 | 19 | | (A) the appointment of a sole managing |
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14 | 20 | | conservator; |
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15 | 21 | | (B) the appointment of joint managing |
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16 | 22 | | conservators; |
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17 | 23 | | (C) the appointment of a possessory conservator; |
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18 | 24 | | (D) the determination of which joint managing |
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19 | 25 | | conservator has the exclusive right to designate the primary |
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20 | 26 | | residence of the child; |
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21 | 27 | | (E) the determination of whether to impose a |
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22 | 28 | | restriction on the geographic area in which a sole managing |
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23 | 29 | | conservator or joint managing conservator may designate the child's |
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24 | 30 | | primary residence; and |
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25 | 31 | | (F) if a restriction described by Paragraph (E) |
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26 | 32 | | is imposed, the determination of the geographic area within which |
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27 | 33 | | the sole managing conservator or joint managing conservator must |
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28 | 34 | | designate the child's primary residence; and |
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29 | 35 | | (2) the court may not submit to the jury questions on |
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30 | 36 | | the issues of: |
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31 | 37 | | (A) support under Chapter 154 or Chapter 159; |
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32 | 38 | | (B) a specific term or condition of possession of |
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33 | 39 | | or access to the child; or |
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34 | 40 | | (C) any right or duty of a conservator, other |
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35 | 41 | | than a [the] determination [of which joint managing conservator has |
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36 | 42 | | the exclusive right to designate the primary residence of the |
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37 | 43 | | child] under Subdivision (1)(D), (E), or (F). |
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38 | 44 | | SECTION 2. The change in law made by this Act applies only |
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39 | 45 | | to a suit affecting the parent-child relationship filed on or after |
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40 | 46 | | the effective date of this Act. A suit affecting the parent-child |
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41 | 47 | | relationship filed before the effective date of this Act is |
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42 | 48 | | governed by the law in effect on the date the suit was filed, and the |
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43 | 49 | | former law is continued in effect for that purpose. |
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44 | 50 | | SECTION 3. This Act takes effect September 1, 2021. |
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45 | | - | ______________________________ ______________________________ |
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46 | | - | President of the Senate Speaker of the House |
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47 | | - | I certify that H.B. No. 868 was passed by the House on April |
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48 | | - | 8, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not |
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49 | | - | voting. |
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50 | | - | ______________________________ |
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51 | | - | Chief Clerk of the House |
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52 | | - | I certify that H.B. No. 868 was passed by the Senate on May |
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53 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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54 | | - | ______________________________ |
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55 | | - | Secretary of the Senate |
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56 | | - | APPROVED: _____________________ |
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57 | | - | Date |
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58 | | - | _____________________ |
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59 | | - | Governor |
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| 51 | + | * * * * * |
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