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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures in a suit for dissolution of a marriage or a |
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suit affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.709, Family Code, is amended to read as |
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follows: |
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Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) In a suit |
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for dissolution of a marriage [Not later than the 30th day after the
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date an appeal is perfected], on the motion of a party or on the |
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court's own motion, after notice and hearing, the trial court may |
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render a temporary order as considered equitable and necessary for |
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the preservation of the property and for the protection of the |
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parties during an [the] appeal, including an order [to]: |
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(1) requiring [require] the support of either spouse; |
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(2) requiring [require] the payment of reasonable |
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attorney's fees and expenses incurred or anticipated to be incurred |
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after trial and on appeal; |
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(3) appointing [appoint] a receiver for the |
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preservation and protection of the property of the parties; [or] |
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(4) awarding [award] one spouse exclusive occupancy of |
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the parties' residence pending the appeal; |
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(5) enjoining a party from dissipating or transferring |
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the property awarded to the other party in the trial court's |
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property division; or |
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(6) suspending the operation of all or part of the |
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property division that is being appealed. |
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(b) A temporary order under this section enjoining a party |
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from dissipating or transferring the property awarded to the other |
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party in the trial court's property division: |
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(1) may be rendered without: |
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(A) the issuance of a bond between the spouses; |
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or |
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(B) an affidavit or a verified pleading stating |
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specific facts showing that immediate and irreparable injury, loss, |
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or damage will result; |
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(2) is not required to: |
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(A) define the injury or state why the injury is |
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irreparable; or |
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(B) include an order setting the suit for trial |
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on the merits with respect to the ultimate relief sought; and |
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(3) may not prohibit a party's use, transfer, |
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conveyance, or dissipation of the property awarded to the other |
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party in the trial court's property division if the use, transfer, |
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conveyance, or dissipation of the property is for the purpose of |
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suspending the enforcement of the property division that is the |
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subject of the appeal. |
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(c) A temporary order under this section that suspends the |
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operation of all or part of the property division that is the |
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subject of the appeal may not be rendered unless the trial court |
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takes reasonable steps to ensure that the party awarded property in |
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the trial court's property division is protected from the other |
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party's dissipation or transfer of that property. |
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(d) In considering a party's request to suspend the |
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enforcement of the property division, the trial court shall |
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consider whether: |
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(1) any relief granted under Subsection (a) is |
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adequate to protect the party's interest in the property awarded to |
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the party; or |
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(2) the party who was not awarded the property should |
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also be required to provide security for the appeal in addition to |
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any relief granted under Subsection (a). |
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(e) If the trial court determines that the party awarded the |
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property can be adequately protected from the other party's |
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dissipation of assets during the appeal only if the other party |
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provides security for the appeal, the trial court shall set the |
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appropriate amount of security, taking into consideration any |
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relief granted under Subsection (a) and the amount of security that |
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the other party would otherwise have to provide by law if relief |
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under Subsection (a) was not granted. |
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(f) In rendering a temporary order under this section that |
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suspends enforcement of all or part of the property division, the |
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trial court may grant any relief under Subsection (a), in addition |
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to requiring the party who was not awarded the property to post |
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security for that part of the property division to be suspended. |
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The trial court may require that the party who was not awarded the |
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property post all or only part of the security that would otherwise |
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be required by law. |
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(g) This section does not prevent a party who was not |
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awarded the property from exercising that party's right to suspend |
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the enforcement of the property division as provided by law. |
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(h) A motion seeking an original temporary order under this |
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section: |
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(1) may be filed before trial; and |
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(2) may not be filed by a party after the date by which |
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that party is required to file the party's notice of appeal under |
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the Texas Rules of Appellate Procedure. |
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(i) The trial court retains jurisdiction to conduct a |
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hearing and sign an original temporary order under this section |
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until the 60th day after the date any eligible party has filed a |
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notice of appeal from final judgment under the Texas Rules of |
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Appellate Procedure. |
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(j) The trial court retains jurisdiction to modify and |
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enforce a temporary order under this section unless the appellate |
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court, on a proper showing, supersedes the trial court's order. |
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(k) On the motion of a party or on the court's own motion, |
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after notice and hearing, the trial court may modify a previous |
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temporary order rendered under this section if: |
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(1) the circumstances of a party have materially and |
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substantially changed since the rendition of the previous order; |
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and |
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(2) modification is equitable and necessary for the |
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preservation of the property or for the protection of the parties |
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during the appeal. |
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(l) A party may seek review of the trial court's temporary |
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order under this section by: |
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(1) motion filed in the court of appeals with |
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jurisdiction or potential jurisdiction over the appeal from the |
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judgment in the case; |
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(2) proper assignment in the party's brief; or |
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(3) petition for writ of mandamus. |
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(m) A temporary order rendered under this section is not |
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subject to interlocutory appeal. |
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(n) The remedies provided in this section are cumulative of |
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all other remedies allowed by law. |
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SECTION 2. Section 6.711, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) In a suit for dissolution of a marriage in which the |
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court has rendered a judgment dividing the estate of the parties, on |
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request by a party, the court shall state in writing its findings of |
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fact and conclusions of law, including [concerning:] |
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[(1)] the characterization and value of all [each
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party's] assets, liabilities, claims, and offsets on which disputed |
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evidence has been presented[; and
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[(2)
the value or amount of the community estate's
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assets, liabilities, claims, and offsets on which disputed evidence
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has been presented]. |
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(c) The findings of fact and conclusions of law required by |
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this section are in addition to any other findings or conclusions |
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required or authorized by law. |
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SECTION 3. Section 9.007(c), Family Code, is amended to |
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read as follows: |
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(c) The trial court may not [power of the court to] render an |
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order [further orders] to assist in the implementation of or to |
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clarify the property division made or approved in the decree before |
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the 30th day after the date the final judgment is signed. If a |
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timely motion for new trial or to vacate, modify, correct, or reform |
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the decree is filed, the trial court may not render an order to |
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assist in the implementation of or to clarify the property division |
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made or approved in the decree before the 30th day after the date |
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the order overruling the motion is signed or the motion is overruled |
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by operation of law [is abated while an appellate proceeding is
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pending]. |
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SECTION 4. Section 109.001, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), (b-3), (b-4), (b-5), and (e) to read as follows: |
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(a) In a suit affecting the parent-child relationship [Not
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later than the 30th day after the date an appeal is perfected], on |
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the motion of any party or on the court's own motion and after |
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notice and hearing, the court may make any order necessary to |
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preserve and protect the safety and welfare of the child during the |
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pendency of an [the] appeal as the court may deem necessary and |
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equitable. In addition to other matters, an order may: |
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(1) appoint temporary conservators for the child and |
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provide for possession of the child; |
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(2) require the temporary support of the child by a |
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party; |
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(3) enjoin [restrain] a party from molesting or |
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disturbing the peace of the child or another party; |
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(4) prohibit a person from removing the child beyond a |
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geographical area identified by the court; |
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(5) require payment of reasonable attorney's fees and |
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expenses; or |
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(6) suspend the operation of the order or judgment |
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that is being appealed. |
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(b) A temporary order under this section enjoining a party |
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from molesting or disturbing the peace of the child or another |
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party: |
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(1) may be rendered without: |
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(A) the issuance of a bond between the spouses; |
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or |
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(B) an affidavit or a verified pleading stating |
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specific facts showing that immediate and irreparable injury, loss, |
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or damage will result; and |
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(2) is not required to: |
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(A) define the injury or state why the injury is |
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irreparable; or |
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(B) include an order setting the suit for trial |
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on the merits with respect to the ultimate relief sought. |
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(b-1) A motion seeking an original temporary order under |
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this section: |
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(1) may be filed before trial; and |
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(2) may not be filed by a party after the date by which |
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that party is required to file the party's notice of appeal under |
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the Texas Rules of Appellate Procedure. |
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(b-2) The trial court retains jurisdiction to conduct a |
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hearing and sign a temporary order under this section until the 60th |
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day after the date any eligible party has filed a notice of appeal |
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from final judgment under the Texas Rules of Appellate Procedure. |
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(b-3) The trial court retains jurisdiction to modify and |
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enforce a temporary order [its orders rendered] under this section |
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unless the appellate court, on a proper showing, supersedes the |
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court's order. |
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(b-4) On the motion of a party or on the court's own motion, |
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after notice and hearing, the trial court may modify a previous |
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temporary order rendered under this section if: |
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(1) the circumstances of a party have materially and |
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substantially changed since the rendition of the previous order; |
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and |
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(2) modification is equitable and necessary for the |
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safety and welfare of the child. |
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(b-5) A party may seek review of the trial court's temporary |
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order under this section by: |
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(1) petition for writ of mandamus; or |
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(2) proper assignment in the party's brief. |
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(e) The remedies provided in this section are cumulative of |
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all other remedies allowed by law. |
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SECTION 5. The heading to Section 109.002, Family Code, is |
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amended to read as follows: |
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Sec. 109.002. APPELLATE REVIEW [APPEAL]. |
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SECTION 6. Section 109.002, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) An appeal from a final order rendered in a suit, when |
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allowed under this section or under other provisions of law, shall |
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be as in civil cases generally under the Texas Rules of Appellate |
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Procedure, except that an appeal from a final order rendered under |
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Subchapter D, Chapter 152, must comply with Section 152.314. |
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(a-1) An appeal in a suit in which termination of the |
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parent-child relationship is ordered [in issue] shall be given |
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precedence over other civil cases by the appellate courts, [and] |
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shall be accelerated, and shall follow [by] the [appellate courts.
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The] procedures for an accelerated appeal under the Texas Rules of |
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Appellate Procedure [apply to an appeal in which the termination of
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the parent-child relationship is in issue]. |
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SECTION 7. Section 109.003, Family Code, is amended to read |
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as follows: |
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Sec. 109.003. PAYMENT FOR COURT REPORTER'S RECORD |
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[STATEMENT OF FACTS]. (a) If the party requesting a court |
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reporter's record [statement of facts] in an appeal of a suit has |
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filed an affidavit stating the party's inability to pay costs as |
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provided by Rule 20, Texas Rules of Appellate Procedure, and the |
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affidavit is approved by the trial court, the trial court may order |
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the county in which the trial was held to pay the costs of preparing |
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the court reporter's record [statement of facts]. |
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(b) Nothing in this section shall be construed to permit an |
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official court reporter to be paid more than once for the |
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preparation of the court reporter's record [statement of facts]. |
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SECTION 8. Section 152.314, Family Code, is amended to read |
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as follows: |
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Sec. 152.314. ACCELERATED APPEALS. An appeal may be taken |
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from a final order in a proceeding under this subchapter in |
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accordance with accelerated [expedited] appellate procedures in |
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other civil cases. Unless the court enters a temporary emergency |
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order under Section 152.204, the enforcing court may not stay an |
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order enforcing a child custody determination pending appeal. |
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SECTION 9. Section 153.258, Family Code, is amended to read |
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as follows: |
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Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM |
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STANDARD ORDER. (a) In [Without regard to Rules 296 through 299,
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Texas Rules of Civil Procedure, in] all cases in which possession of |
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a child by a parent is contested and the possession of the child |
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varies from the standard possession order, including a possession |
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order for a child under three years of age, on [written] request by |
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a party [made or filed with the court not later than 10 days after
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the date of the hearing or on oral request made in open court during
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the hearing], the court shall state in writing [the order] the |
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specific reasons for the variance from the standard order. |
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(b) A request for findings of fact under this section must |
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conform to the Texas Rules of Civil Procedure. |
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SECTION 10. Section 154.130, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Without regard to Rules 296 through 299, Texas Rules of |
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Civil Procedure, in rendering an order of child support, the court |
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shall make the findings required by Subsection (b) if: |
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(1) a party files a written request with the court |
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before the final order is signed, but not later than 20 [10] days |
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after the date of rendition of the order [the hearing]; |
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(2) a party makes an oral request in open court during |
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the hearing; or |
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(3) the amount of child support ordered by the court |
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varies from the amount computed by applying the percentage |
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guidelines under Section 154.125 or 154.129, as applicable. |
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(c) Findings under Subsection (b)(2) are required only if |
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evidence of the monthly net resources of the obligee has been |
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offered. |
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SECTION 11. Section 156.005, Family Code, is amended to |
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read as follows: |
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Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION. |
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Notwithstanding Rules 296 through 299, Texas Rules of Civil |
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Procedure, if [If] the court finds that a suit for modification is |
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filed frivolously or is designed to harass a party, the court shall |
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state that finding in the order and assess [tax] attorney's fees as |
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costs against the offending party. |
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SECTION 12. The following sections of the Family Code are |
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repealed: |
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(1) Sections 153.254(b) and (c); and |
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(2) Section 154.130(a-1). |
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SECTION 13. Notwithstanding Section 6.709, Family Code, as |
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amended by this Act, if any eligible parties have filed a notice of |
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appeal from a final judgment under the Texas Rules of Appellate |
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Procedure before September 1, 2017, any party to the appeal may file |
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a motion in the trial court for an original temporary order under |
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Section 6.709, Family Code, as it existed immediately before the |
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effective date of this Act, and the trial court has jurisdiction to |
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conduct a hearing and sign an original temporary order under that |
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section until October 30, 2017. |
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SECTION 14. Except as provided by Section 13 of this Act, |
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the changes in law made by this Act apply only to an order that is |
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rendered on or after the effective date of this Act. An order |
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rendered before the effective date of this Act is governed by the |
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law in effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 15. This Act takes effect September 1, 2017. |