88R7990 AMF-D
By: Manuel H.B. No. 2094
A BILL TO BE ENTITLED
AN ACT
relating to a court order for the exclusive occupancy of the
residence by a spouse during the pendency of a suit for dissolution
of a marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.502, Family Code, is amended by adding
Subsections (d) and (e) to read as follows:
(d) While a suit for dissolution of a marriage is pending
and on the motion of a party, the court shall render an appropriate
order awarding the party exclusive occupancy of the residence
during the pendency of the suit under Subsection (a)(6) if the
adverse party has, during the pendency of the suit or in the
three-year period preceding the date the suit was filed, been
convicted of or placed on deferred adjudication community
supervision for:
(1) a felony offense under Title 5, Penal Code, for
which the court has made an affirmative finding that the offense
involved family violence under Article 42.013, Code of Criminal
Procedure, that was committed against the party filing the motion
or a member of that party's family or household; or
(2) an offense under Section 25.11, Penal Code,
committed against the party filing the motion or a member of that
party's family or household.
(e) In this section:
(1) "Family" has the meaning assigned by Section
71.003.
(2) "Household" has the meaning assigned by Section
71.005.
SECTION 2. The change in law made by this Act applies to a
suit for dissolution of a marriage that is pending in a trial court
on the effective date of this Act or that is filed on or after the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.