89R2575 AMF-D
By: Manuel H.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to a court order for the exclusive occupancy of the primary
residence or other residential property 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
amending Subsection (a) and adding Subsections (d), (e), and (f) to
read as follows:
(a) While a suit for dissolution of a marriage is pending
and on the motion of a party or on the court's own motion after
notice and hearing, the court may render an appropriate order,
including the granting of a temporary injunction for the
preservation of the property and protection of the parties as
deemed necessary and equitable and including an order directed to
one or both parties:
(1) requiring a sworn inventory and appraisement of
the real and personal property owned or claimed by the parties and
specifying the form, manner, and substance of the inventory and
appraisal and list of debts and liabilities;
(2) requiring payments to be made for the support of
either spouse;
(3) requiring the production of books, papers,
documents, and tangible things by a party;
(4) ordering payment of reasonable attorney's fees and
expenses;
(5) appointing a receiver for the preservation and
protection of the property of the parties;
(6) awarding one spouse exclusive occupancy of the
primary residence or other residential property during the pendency
of the case;
(7) prohibiting the parties, or either party, from
spending funds beyond an amount the court determines to be for
reasonable and necessary living expenses;
(8) awarding one spouse exclusive control of a party's
usual business or occupation; or
(9) prohibiting an act described by Section 6.501(a).
(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 primary
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) A party that has been awarded exclusive occupancy of the
primary residence under Subsection (d) may file a motion to vacate
that order at any time during the pendency of the suit.
(f) 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, 2025.