Bill Text: TX HB3841 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to military duty of a conservator of a child in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-05-01 - Withdrawn from schedule [HB3841 Detail]
Download: Texas-2019-HB3841-Introduced.html
86R11893 JSC-F | ||
By: Ramos | H.B. No. 3841 |
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relating to military duty of a conservator of a child in a suit | ||
affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 153.701, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.701. DEFINITIONS. In this subchapter: | ||
(1) "Designated person" means the person ordered by | ||
the court to temporarily exercise a conservator's rights, duties, | ||
and periods of possession and access with regard to a child during | ||
the conservator's military deployment or military obligation [ |
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(2) "Long-term military obligation" means any | ||
military obligation of a service member that prevents the service | ||
member from exercising parental duties because of geographic | ||
factors or other credible factors for a period of more than 90 days | ||
but less than 18 months. The term does not include a permanent | ||
change of station. | ||
(3) [ |
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transfer of a service member of the armed forces of this state or | ||
the United States [ |
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location in support of combat or some other military operation for a | ||
period of more than 90 days but less than 18 months under a | ||
uniformed service order. | ||
(4) [ |
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of a service member to fulfill necessary duties, including: | ||
(A) training activities; | ||
(B) preparations for deployment or training; | ||
(C) administrative or supervisory requirements; | ||
or | ||
(D) occupational school attendance | ||
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(5) "Record" means information that is inscribed on a | ||
tangible medium or that is stored in an electronic or other medium | ||
and is retrievable in perceivable form. The term includes a letter, | ||
an e-mail, a text message, and social media messaging. | ||
(6) "Short-term military obligation" means any | ||
military obligation of a service member that prevents the service | ||
member from exercising parental duties because of geographic | ||
factors or other credible factors for a period of 90 days or less. | ||
(7) "Standing intermittent" means a long-term plan for | ||
a child's care during repeated periods of absence of a conservator | ||
of the child because of short-term military obligations. | ||
(8) "Uniformed service" means: | ||
(A) active and reserve components of the army, | ||
navy, air force, marine corps, or coast guard of the United States; | ||
(B) the United States Merchant Marine; | ||
(C) the commissioned corps of the United States | ||
Public Health Service; | ||
(D) the commissioned corps of the National | ||
Oceanic and Atmospheric Administration of the United States; or | ||
(E) the National Guard of a state. | ||
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SECTION 2. Sections 153.702(a), (c), and (d), Family Code, | ||
are amended to read as follows: | ||
(a) If a conservator is ordered to military deployment[ |
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distance from the conservator's residence so as to materially | ||
affect the conservator's ability to exercise the conservator's | ||
rights and duties in relation to a child, either conservator may | ||
file for an order under this subchapter without the necessity of | ||
showing a material and substantial change of circumstances other | ||
than the military deployment or obligation[ |
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(c) A temporary order rendered by the court under this | ||
subchapter may grant rights to and impose duties regarding the | ||
child on a designated person who has a close and substantial | ||
relationship with [ |
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designated person is a nonparent, the court may not require the | ||
designated person to pay child support. | ||
(d) After a conservator's military deployment or long-term | ||
military obligation has [ |
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conservator's usual residence, the temporary orders under this | ||
section terminate and the rights of all affected parties are | ||
governed by the terms of any court order applicable when the | ||
conservator is not ordered to military deployment or long-term | ||
military obligation [ |
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SECTION 3. Section 153.703(a), Family Code, is amended to | ||
read as follows: | ||
(a) If the conservator with the exclusive right to designate | ||
the primary residence of the child is ordered to military | ||
deployment or long-term military obligation, [ |
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temporary order to appoint a designated person to exercise the | ||
exclusive right to designate the primary residence of the child | ||
during the military deployment or long-term military obligation [ |
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order of preference: | ||
(1) the conservator who does not have the exclusive | ||
right to designate the primary residence of the child; | ||
(2) if it is shown by clear and convincing evidence | ||
that appointing the conservator described by Subdivision (1) will | ||
cause substantial harm to [ |
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designated person who has a close and substantial relationship with | ||
the child chosen by the conservator with the exclusive right to | ||
designate the primary residence of the child; or | ||
(3) if it is shown by clear and convincing evidence | ||
that appointing the conservator described by Subdivision (1) or the | ||
person chosen under Subdivision (2) is not in the child's best | ||
interest, another person chosen by the court who has a close and | ||
substantial relationship with the child. | ||
SECTION 4. Section 153.705(a), Family Code, is amended to | ||
read as follows: | ||
(a) If the conservator without the exclusive right to | ||
designate the primary residence of the child is ordered to military | ||
deployment or long-term military obligation, [ |
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visitation with the child to a designated person with whom the child | ||
has a close and substantial relationship chosen by the conservator, | ||
unless it is shown by clear and convincing evidence that [ |
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visitation is not in the best interest of the child. | ||
SECTION 5. Subchapter L, Chapter 153, Family Code, is | ||
amended by adding Sections 153.706 and 153.7065 to read as follows: | ||
Sec. 153.706. TEMPORARY ORDER UNDER AGREEMENT. (a) A court | ||
may render a temporary order under this section that is based on a | ||
temporary mutual agreement entered into by the conservators of a | ||
child granting a designated person who is a nonparent of the child | ||
temporary conservatorship or visitation with the child during a | ||
conservator's military deployment or long-term military | ||
obligation. The agreement must: | ||
(1) be in writing; | ||
(2) be signed by both conservators and any designated | ||
person to whom temporary conservatorship or visitation is granted; | ||
and | ||
(3) be notarized by a notary signing agent. | ||
(b) An agreement under Subsection (a) may be executed in | ||
counterparts, each of which shall be considered an original and all | ||
of which collectively constitute one agreement. | ||
(c) If the agreement does not include a termination date or | ||
time, the agreement terminates on the 15th day after the date the | ||
conservator ordered to military deployment or military obligation | ||
gives notice on record to the other conservator and the designated | ||
person of the date of the conservator's return from military | ||
deployment or long-term military obligation, unless the | ||
conservators agree to terminate the agreement before that date. | ||
Sec. 153.7065. TERMS OF TEMPORARY ORDER. (a) Any temporary | ||
order issued by the court under this subchapter must: | ||
(1) designate the order as temporary; | ||
(2) identify to the extent feasible the destination, | ||
duration, and conditions of the military deployment or long-term | ||
military obligation; | ||
(3) specify the allocation of conservatorship or | ||
visitation among the conservator ordered to military deployment or | ||
military obligation, the other parent, and the designated person; | ||
(4) provide a process for immediately resolving any | ||
disputes arising from the order; | ||
(5) provide for liberal communication between the | ||
conservator ordered to military deployment or military obligation | ||
and the child during the conservator's deployment or obligation, | ||
including through electronic means, unless it is shown by clear and | ||
convincing evidence that the contact would be harmful to the child, | ||
and specify: | ||
(A) any role to be played by the other | ||
conservator or designated person in facilitating the | ||
communication; and | ||
(B) the allocation of any communication costs; | ||
(6) provide for liberal contact between the | ||
conservator ordered to military deployment or military obligation | ||
and the child during the time the conservator is on leave from | ||
deployment or obligation or is otherwise available, unless it is | ||
shown by clear and convincing evidence that the contact would be | ||
harmful to the child; | ||
(7) provide for reasonable and substantial contact | ||
between the conservator ordered to military deployment or military | ||
obligation and the child on the conservator's return from military | ||
deployment or long-term military obligation until the temporary | ||
order is terminated, regardless of whether the time of contact | ||
exceeds the time the conservator was entitled to have possession of | ||
or access to the child before the temporary order was rendered; | ||
(8) provide details of the temporary agreement's | ||
termination to the extent feasible; | ||
(9) clearly specify that any delegation of | ||
conservatorship of the child is not a basis on which to determine | ||
the outcome of any future modification regarding conservatorship of | ||
the child by either party; and | ||
(10) specify findings of fact and conclusions of law | ||
to show the terms of the order were determined by the court to | ||
protect the child from substantial harm. | ||
(b) The court may limit or expand the rights of a designated | ||
person named in a temporary order rendered under this subchapter as | ||
appropriate to the best interest of the child. | ||
(c) On the motion of a conservator ordered to military | ||
deployment or military obligation, the other conservator, or any | ||
designated person to whom conservatorship of or visitation with a | ||
child has been delegated, the court may modify or terminate the | ||
grant if the modification or termination is consistent with this | ||
subchapter and in the best interest of the child. Any modification | ||
is temporary and terminates on the date the conservator concludes | ||
the conservator's military deployment or long-term military | ||
obligation unless otherwise stated in a court order. | ||
SECTION 6. Section 153.707, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.707. EXPEDITED HEARING. (a) If [ |
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long-term military obligation [ |
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short-term military obligation and the conservator's military | ||
duties have a material effect on the conservator's ability to | ||
appear in person at any hearing in a suit affecting the parent-child | ||
relationship, on a motion of any party or on the court's own motion, | ||
or if a hearing is necessary before the military obligations begin | ||
to determine if the modification is necessary to protect the best | ||
interest of the child [ |
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(b) A hearing under this section shall, if possible, take | ||
precedence over other suits affecting the parent-child | ||
relationship not involving a conservator who has been ordered to | ||
military deployment or military obligation [ |
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(c) On a motion by any party, the court shall, after | ||
reasonable advance notice and for good cause shown, including | ||
military obligation, permanent duty station assignment, or | ||
financial hardship because of military obligation, allow a party to | ||
present testimony of the party or witnesses and evidence by | ||
electronic means, including by teleconference or through the | ||
Internet. If the other party objects to that accommodation, the | ||
other party has the burden of proof to show by clear and convincing | ||
evidence that an in-person appearance is necessary. | ||
SECTION 7. Section 153.708, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.708. ENFORCEMENT. Temporary orders rendered under | ||
this subchapter may be enforced by or against the designated person | ||
to the same extent that an order would be enforced by or enforceable | ||
against the conservator who has been ordered to military deployment | ||
or military obligation [ |
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SECTION 8. Section 153.709, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.709. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. | ||
(a) Not later than the 90th day after the date a conservator | ||
without the exclusive right to designate the primary residence of | ||
the child who is a member of the armed services concludes the | ||
conservator's military deployment or long-term military | ||
obligation, [ |
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the conservator may petition the court to: | ||
(1) compute the periods of possession of or access to | ||
the child to which the conservator would have otherwise been | ||
entitled during the conservator's deployment or long-term military | ||
obligation; and | ||
(2) award the conservator additional periods of | ||
possession of or access to the child to compensate for the periods | ||
described by Subdivision (1). | ||
(b) If the conservator described by Subsection (a) | ||
petitions the court under Subsection (a), the court: | ||
(1) shall compute the periods of possession or access | ||
to the child described by Subsection (a)(1); and | ||
(2) may award to the conservator additional periods of | ||
possession of or access to the child for a length of time and under | ||
terms the court considers reasonable, if the court determines that: | ||
(A) the conservator was on military deployment or | ||
long-term military obligation, [ |
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to which the conservator was entitled before the conservator's | ||
deployment or mobilization was not reasonably possible; and | ||
(B) the award of additional periods of possession | ||
of or access to the child is not harmful to [ |
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the child. | ||
(c) In making the determination under Subsection (b)(2), | ||
the court: | ||
(1) shall consider: | ||
(A) the periods of possession of or access to the | ||
child to which the conservator would otherwise have been entitled | ||
during the conservator's military deployment or long-term military | ||
obligation, [ |
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as computed under Subsection (b)(1); | ||
(B) whether the court named a designated person | ||
under Section 153.705 to exercise limited possession of the child | ||
during the conservator's deployment or long-term military | ||
obligation; and | ||
(C) any other factor the court considers | ||
appropriate; and | ||
(2) is not required to award additional periods of | ||
possession of or access to the child that equals the possession or | ||
access to which the conservator would have been entitled during the | ||
conservator's military deployment or long-term military | ||
obligation, [ |
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as computed under Subsection (b)(1). | ||
(d) After the conservator described by Subsection (a) has | ||
exercised all additional periods of possession or access awarded | ||
under this section, the rights of all affected parties are governed | ||
by the terms of the court order applicable when the conservator is | ||
not ordered to military deployment or long-term military | ||
obligation[ |
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SECTION 9. Subchapter L, Chapter 153, Family Code, is | ||
amended by adding Sections 153.710, 153.711, 153.712, 153.713, | ||
153.714, 153.715, and 153.716 to read as follows: | ||
Sec. 153.710. PROHIBITION AGAINST DISCRIMINATION BASED ON | ||
MILITARY DUTY. In determining issues of conservatorship or | ||
possession of or access to a child, the court: | ||
(1) may not consider a conservator's past or possible | ||
future military deployment or military obligation as a determining | ||
factor in determining the best interest of the child; and | ||
(2) may consider any substantial harm caused by the | ||
conservator's past or possible future military deployment or | ||
military obligation shown by clear and convincing evidence directly | ||
related to the conservatorship or possession of the child during | ||
those periods of deployment or obligation. | ||
Sec. 153.711. REQUIRED NOTIFICATION BY CONSERVATOR ORDERED | ||
TO MILITARY DUTY. (a) Subject to Subsection (b), a conservator who | ||
is ordered to military deployment, long-term military obligation, | ||
or short-term military obligation lasting more than 48 hours shall | ||
notify the other conservator not later than the seventh day after | ||
the date the conservator receives notice of the deployment or | ||
obligation unless reasonably prevented from doing so by the | ||
circumstances of the conservator's deployment or obligation. If | ||
the circumstances of the conservator's deployment or obligation | ||
prevent the conservator from giving notification within that | ||
period, the conservator shall give the notification as soon as | ||
reasonably possible. | ||
(b) If a court order currently in effect prohibits | ||
disclosure of the address or contact information of the conservator | ||
to whom notification must be given under Subsection (a), | ||
notification may be made to the court with continuing jurisdiction | ||
over the child. If the address of the conservator to whom | ||
notification must be given under Subsection (a) is available to the | ||
court, the court shall mail the notification to that conservator. | ||
The court shall keep confidential the address or contact | ||
information of the conservator receiving notification. | ||
(c) In a proceeding regarding possession of or access to a | ||
child, a court may consider the reasonableness of a conservator's | ||
efforts to comply with this section. | ||
Sec. 153.712. JURISDICTION. (a) If a court has issued a | ||
temporary order regarding conservatorship or possession of a child | ||
during a conservator's military deployment or long-term military | ||
obligation, the residence of the conservator ordered to deployment | ||
or obligation is not changed by reason of the deployment or | ||
obligation for purposes of Chapter 152 during the deployment or | ||
obligation. | ||
(b) If a court has issued a permanent order regarding | ||
conservatorship or possession of a child before notice of a | ||
conservator's military deployment or long-term military obligation | ||
and the conservators modify that order temporarily by mutual | ||
agreement, the residence of the conservator ordered to deployment | ||
or obligation is not changed by reason of the deployment or | ||
obligation for purposes of Chapter 152. | ||
(c) If a court in another state has issued a permanent order | ||
regarding conservatorship or possession of a child or a temporary | ||
order regarding conservatorship or possession of the child as the | ||
result of a conservator's impending or current military deployment | ||
or long-term military obligation, the residence of the conservator | ||
ordered to deployment or obligation is not changed by reason of the | ||
deployment or obligation for purposes of Chapter 152. | ||
(d) If no state has issued any type of order regarding | ||
conservatorship or possession of the child, this state may not | ||
assume jurisdiction if the child's residence was not located in | ||
this state before the start of the conservator's military | ||
deployment or long-term military obligation and: | ||
(1) the conservator is on military deployment or | ||
fulfilling a long-term military obligation; or | ||
(2) the conservator has directly returned from | ||
military deployment or long-term military obligation to the same | ||
residence the conservator resided in before military deployment or | ||
long-term military obligation within the last 60 days. | ||
(e) This section does not prevent a court from exercising | ||
temporary emergency jurisdiction under Chapter 152. | ||
Sec. 153.713. PERMANENT ORDERS. (a) On a motion of a | ||
conservator who is ordered to short-term military obligation on a | ||
regular basis, if it is in the best interest of the child, a court | ||
may grant standing intermittent conservatorship and possession of | ||
the child to a designated person who is an adult family member of | ||
the child or an adult with whom the child has a close and | ||
substantial relationship. | ||
(b) A grant of conservatorship or possession of a child to a | ||
designated person under this section may include: | ||
(1) the designated person receiving the amount of time | ||
or in a capacity that the conservator ordered to short-term | ||
military obligation would be entitled but for the conservator's | ||
obligation; or | ||
(2) the designated person receiving a specified | ||
portion of the amount of time or in a capacity that the conservator | ||
ordered to short-term military obligation would be entitled but for | ||
the conservator's obligation. | ||
(c) If a court grants conservatorship or possession of a | ||
child to a designated person under this section, the court shall | ||
specify the standing intermittent conservatorship rights, duties, | ||
and periods of possession during periods of short-term military | ||
obligation. | ||
(d) A permanent possession order rendered under this | ||
section must include: | ||
(1) provisions pertaining to conservatorship and | ||
possession of the child during short-term military obligation; and | ||
(2) the findings of fact and conclusions of law | ||
described by Section 153.714. | ||
(e) Except as otherwise provided and consistent with the | ||
Servicemembers Civil Relief Act (50 U.S.C. Section 3901 et seq.), | ||
on motion of a conservator ordered to military deployment or | ||
military obligation, the other conservator, or any designated | ||
person to whom standing intermittent conservatorship or possession | ||
has been granted, the court may modify or terminate the grant if the | ||
court finds that the modification or termination is in the best | ||
interest of the child. | ||
Sec. 153.714. FINDINGS OF FACTS AND CONCLUSIONS OF LAW. A | ||
court shall include in any temporary or permanent order rendered by | ||
the court under this subchapter specific findings of fact and | ||
conclusions of law to show that the conservator's rights, duties, | ||
and periods of possession were determined by the court to best | ||
protect the child from substantial harm. | ||
Sec. 153.715. SPECIAL BEST INTEREST STANDARDS. (a) It is a | ||
rebuttable presumption that the following are in the child's best | ||
interest: | ||
(1) maintaining a relationship with the family of a | ||
conservator ordered to military deployment or military obligation | ||
by way of electronic communications or face-to-face contact; and | ||
(2) having frequent, routine, and consistent contact | ||
with a conservator ordered to military deployment or military | ||
obligation and the conservator's family by any means available to | ||
the child, the conservator, and family members, including | ||
electronic means and in-person contact. | ||
(b) The presumption under Subsection (a) may be overcome if | ||
the objecting party shows by clear and convincing evidence that | ||
maintaining the relationships or providing for contact as described | ||
by that subsection would cause substantial harm to the child. | ||
Sec. 153.716. LIMITED SCOPE MODIFICATIONS. A change in | ||
marital status of a conservator ordered to military deployment or | ||
military obligation or the death or illness of a designated person | ||
with a grant of conservatorship or possession of a child is | ||
considered a change in circumstance sufficient to justify a | ||
modification of an order providing for conservatorship or | ||
possession only in relation to the periods of military deployment | ||
or military obligation. | ||
SECTION 10. Section 156.006(c), Family Code, is amended to | ||
read as follows: | ||
(c) Subsection (b)(2) does not apply to a conservator who | ||
has the exclusive right to designate the primary residence of the | ||
child and who has temporarily relinquished the primary care and | ||
possession of the child to another person during the conservator's | ||
military deployment or[ |
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153.701. | ||
SECTION 11. Section 156.101(b), Family Code, is amended to | ||
read as follows: | ||
(b) Subsection (a)(3) does not apply to a conservator who | ||
has the exclusive right to designate the primary residence of the | ||
child and who has temporarily relinquished the primary care and | ||
possession of the child to another person during the conservator's | ||
military deployment or[ |
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153.701. | ||
SECTION 12. Section 156.102(d), Family Code, is amended to | ||
read as follows: | ||
(d) Subsection (b)(3) does not apply to a person who has the | ||
exclusive right to designate the primary residence of the child and | ||
who has temporarily relinquished the primary care and possession of | ||
the child to another person during the conservator's military | ||
deployment or[ |
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SECTION 13. Section 156.105, Family Code, is amended to | ||
read as follows: | ||
Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY DUTY. | ||
The military duty of a conservator who is ordered to military | ||
deployment or[ |
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not by itself constitute a material and substantial change of | ||
circumstances sufficient to justify a modification of an existing | ||
court order or portion of a decree that sets the terms and | ||
conditions for the possession of or access to a child except that | ||
the court may render a temporary order under Subchapter L, Chapter | ||
153. | ||
SECTION 14. The following provisions of the Family Code are | ||
repealed: | ||
(1) Sections 153.704(c) and (d); and | ||
(2) Sections 153.705(b) and (c). | ||
SECTION 15. (a) Sections 153.702, 153.703, 153.704, and | ||
153.705, Family Code, as amended by this Act, and Section 153.7065, | ||
Family Code, as added by this Act, apply only to an application for | ||
a temporary order filed on or after the effective date of this Act. | ||
An application for a temporary order filed before the effective | ||
date of this Act is governed by the law in effect on the date the | ||
application is filed, and the former law is continued in effect for | ||
that purpose. | ||
(b) Section 153.706, Family Code, as added by this Act, | ||
applies only to a temporary order based on an agreement filed with | ||
the court on or after the effective date of this Act. | ||
(c) Section 153.707, Family Code, as amended by this Act, | ||
applies only to a motion made on or after the effective date of this | ||
Act. | ||
(d) Section 153.709, Family Code, as amended by this Act, | ||
applies to a petition by a conservator submitted to the court on or | ||
after the effective date of this Act. A petition submitted to the | ||
court before the effective date of this Act is governed by the law | ||
in effect on the date the petition was submitted, and the former law | ||
is continued in effect for that purpose. | ||
(e) Section 153.710, Family Code, as added by this Act, | ||
applies only to an order granting conservatorship of or possession | ||
of or access to a child rendered on or after the effective date of | ||
this Act. | ||
(f) Section 153.711, Family Code, as added by this Act, | ||
applies only to a conservator who receives notice of the | ||
conservator's pending military deployment, long-term military | ||
obligation, or short-term military obligation on or after the | ||
effective date of this Act. | ||
(g) Sections 153.712, 153.714, and 153.715, Family Code, as | ||
added by this Act, apply only to a temporary or permanent order | ||
rendered on or after the effective date of this Act. An order | ||
rendered before the effective date of this Act is governed by the | ||
law in effect on the date the order was rendered, and the former law | ||
is continued in effect for that purpose. | ||
(h) Section 153.713, Family Code, as added by this Act, | ||
applies only to an order for which a motion is filed on or after the | ||
effective date of this Act. | ||
(i) Section 153.716, Family Code, as added by this Act, | ||
applies only to a suit for modification pending before a trial court | ||
on or filed on or after the effective date of this Act. | ||
SECTION 16. This Act takes effect September 1, 2019. |