Texas 2021 - 87th Regular

Texas House Bill HB868 Compare Versions

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1-H.B. No. 868
1+By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 868
2+ (In the Senate - Received from the House April 8, 2021;
3+ April 12, 2021, read first time and referred to Committee on State
4+ Affairs; May 10, 2021, reported favorably by the following vote:
5+ Yeas 7, Nays 0; May 10, 2021, sent to printer.)
6+Click here to see the committee vote
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9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the jury charge and jury findings in a suit affecting
612 the parent-child relationship.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
814 SECTION 1. Section 105.002(c), Family Code, is amended to
915 read as follows:
1016 (c) In a jury trial:
1117 (1) a party is entitled to a verdict by the jury and
1218 the court may not contravene a jury verdict on the issues of:
1319 (A) the appointment of a sole managing
1420 conservator;
1521 (B) the appointment of joint managing
1622 conservators;
1723 (C) the appointment of a possessory conservator;
1824 (D) the determination of which joint managing
1925 conservator has the exclusive right to designate the primary
2026 residence of the child;
2127 (E) the determination of whether to impose a
2228 restriction on the geographic area in which a sole managing
2329 conservator or joint managing conservator may designate the child's
2430 primary residence; and
2531 (F) if a restriction described by Paragraph (E)
2632 is imposed, the determination of the geographic area within which
2733 the sole managing conservator or joint managing conservator must
2834 designate the child's primary residence; and
2935 (2) the court may not submit to the jury questions on
3036 the issues of:
3137 (A) support under Chapter 154 or Chapter 159;
3238 (B) a specific term or condition of possession of
3339 or access to the child; or
3440 (C) any right or duty of a conservator, other
3541 than a [the] determination [of which joint managing conservator has
3642 the exclusive right to designate the primary residence of the
3743 child] under Subdivision (1)(D), (E), or (F).
3844 SECTION 2. The change in law made by this Act applies only
3945 to a suit affecting the parent-child relationship filed on or after
4046 the effective date of this Act. A suit affecting the parent-child
4147 relationship filed before the effective date of this Act is
4248 governed by the law in effect on the date the suit was filed, and the
4349 former law is continued in effect for that purpose.
4450 SECTION 3. This Act takes effect September 1, 2021.
45- ______________________________ ______________________________
46- President of the Senate Speaker of the House
47- I certify that H.B. No. 868 was passed by the House on April
48- 8, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
49- voting.
50- ______________________________
51- Chief Clerk of the House
52- I certify that H.B. No. 868 was passed by the Senate on May
53- 19, 2021, by the following vote: Yeas 31, Nays 0.
54- ______________________________
55- Secretary of the Senate
56- APPROVED: _____________________
57- Date
58- _____________________
59- Governor
51+ * * * * *