Texas 2025 - 89th Regular

Texas House Bill HB1753 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2575 AMF-D
2	2	By: Manuel H.B. No. 1753
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a court order for the exclusive occupancy of the primary
10	10	residence or other residential property by a spouse during the
11	11	pendency of a suit for dissolution of a marriage.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 6.502, Family Code, is amended by
14	14	amending Subsection (a) and adding Subsections (d), (e), and (f) to
15	15	read as follows:
16	16	(a) While a suit for dissolution of a marriage is pending
17	17	and on the motion of a party or on the court's own motion after
18	18	notice and hearing, the court may render an appropriate order,
19	19	including the granting of a temporary injunction for the
20	20	preservation of the property and protection of the parties as
21	21	deemed necessary and equitable and including an order directed to
22	22	one or both parties:
23	23	(1) requiring a sworn inventory and appraisement of
24	24	the real and personal property owned or claimed by the parties and
25	25	specifying the form, manner, and substance of the inventory and
26	26	appraisal and list of debts and liabilities;
27	27	(2) requiring payments to be made for the support of
28	28	either spouse;
29	29	(3) requiring the production of books, papers,
30	30	documents, and tangible things by a party;
31	31	(4) ordering payment of reasonable attorney's fees and
32	32	expenses;
33	33	(5) appointing a receiver for the preservation and
34	34	protection of the property of the parties;
35	35	(6) awarding one spouse exclusive occupancy of the
36	36	primary residence or other residential property during the pendency
37	37	of the case;
38	38	(7) prohibiting the parties, or either party, from
39	39	spending funds beyond an amount the court determines to be for
40	40	reasonable and necessary living expenses;
41	41	(8) awarding one spouse exclusive control of a party's
42	42	usual business or occupation; or
43	43	(9) prohibiting an act described by Section 6.501(a).
44	44	(d) While a suit for dissolution of a marriage is pending
45	45	and on the motion of a party, the court shall render an appropriate
46	46	order awarding the party exclusive occupancy of the primary
47	47	residence during the pendency of the suit under Subsection (a)(6)
48	48	if the adverse party has, during the pendency of the suit or in the
49	49	three-year period preceding the date the suit was filed, been
50	50	convicted of or placed on deferred adjudication community
51	51	supervision for:
52	52	(1) a felony offense under Title 5, Penal Code, for
53	53	which the court has made an affirmative finding that the offense
54	54	involved family violence under Article 42.013, Code of Criminal
55	55	Procedure, that was committed against the party filing the motion
56	56	or a member of that party's family or household; or
57	57	(2) an offense under Section 25.11, Penal Code,
58	58	committed against the party filing the motion or a member of that
59	59	party's family or household.
60	60	(e) A party that has been awarded exclusive occupancy of the
61	61	primary residence under Subsection (d) may file a motion to vacate
62	62	that order at any time during the pendency of the suit.
63	63	(f) In this section:
64	64	(1) "Family" has the meaning assigned by Section
65	65	71.003.
66	66	(2) "Household" has the meaning assigned by Section
67	67	71.005.
68	68	SECTION 2. The change in law made by this Act applies to a
69	69	suit for dissolution of a marriage that is pending in a trial court
70	70	on the effective date of this Act or that is filed on or after the
71	71	effective date of this Act.
72	72	SECTION 3. This Act takes effect September 1, 2025.