Texas 2023 - 88th Regular

Texas House Bill HB2094 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R20115 AMF-D
2	2	By: Manuel, Plesa, Davis, Hull, Howard, H.B. No. 2094
3	3	et al.
4	4	Substitute the following for H.B. No. 2094:
5	5	By: Dutton C.S.H.B. No. 2094
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to a court order for the exclusive occupancy of the primary
11	11	residence by a spouse during the pendency of a suit for dissolution
12	12	of a marriage.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 6.502, Family Code, is amended by
15	15	amending Subsection (a) and adding Subsections (d), (e), and (f) to
16	16	read as follows:
17	17	(a) While a suit for dissolution of a marriage is pending
18	18	and on the motion of a party or on the court's own motion after
19	19	notice and hearing, the court may render an appropriate order,
20	20	including the granting of a temporary injunction for the
21	21	preservation of the property and protection of the parties as
22	22	deemed necessary and equitable and including an order directed to
23	23	one or both parties:
24	24	(1) requiring a sworn inventory and appraisement of
25	25	the real and personal property owned or claimed by the parties and
26	26	specifying the form, manner, and substance of the inventory and
27	27	appraisal and list of debts and liabilities;
28	28	(2) requiring payments to be made for the support of
29	29	either spouse;
30	30	(3) requiring the production of books, papers,
31	31	documents, and tangible things by a party;
32	32	(4) ordering payment of reasonable attorney's fees and
33	33	expenses;
34	34	(5) appointing a receiver for the preservation and
35	35	protection of the property of the parties;
36	36	(6) awarding one spouse exclusive occupancy of the
37	37	primary residence or other residential property during the pendency
38	38	of the case;
39	39	(7) prohibiting the parties, or either party, from
40	40	spending funds beyond an amount the court determines to be for
41	41	reasonable and necessary living expenses;
42	42	(8) awarding one spouse exclusive control of a party's
43	43	usual business or occupation; or
44	44	(9) prohibiting an act described by Section 6.501(a).
45	45	(d) While a suit for dissolution of a marriage is pending
46	46	and on the motion of a party, the court shall render an appropriate
47	47	order awarding the party exclusive occupancy of the primary
48	48	residence during the pendency of the suit under Subsection (a)(6)
49	49	if the adverse party has, during the pendency of the suit or in the
50	50	three-year period preceding the date the suit was filed, been
51	51	convicted of or placed on deferred adjudication community
52	52	supervision for:
53	53	(1) a felony offense under Title 5, Penal Code, for
54	54	which the court has made an affirmative finding that the offense
55	55	involved family violence under Article 42.013, Code of Criminal
56	56	Procedure, that was committed against the party filing the motion
57	57	or a member of that party's family or household; or
58	58	(2) an offense under Section 25.11, Penal Code,
59	59	committed against the party filing the motion or a member of that
60	60	party's family or household.
61	61	(e) A party that has been awarded exclusive occupancy of the
62	62	primary residence under Subsection (d) may file a motion to vacate
63	63	that order at any time during the pendency of the suit.
64	64	(f) In this section:
65	65	(1) "Family" has the meaning assigned by Section
66	66	71.003.
67	67	(2) "Household" has the meaning assigned by Section
68	68	71.005.
69	69	SECTION 2. The change in law made by this Act applies to a
70	70	suit for dissolution of a marriage that is pending in a trial court
71	71	on the effective date of this Act or that is filed on or after the
72	72	effective date of this Act.
73	73	SECTION 3. This Act takes effect September 1, 2023.