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AN ACT
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relating to the waiting period for issuing a decree in certain suits |
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for divorce. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.702, 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) Except as provided by Subsection (c), the [The] court |
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may not grant a divorce before the 60th day after the date the suit |
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was filed. A decree rendered in violation of this subsection is not |
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subject to collateral attack. |
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(c) A waiting period is not required under Subsection (a) |
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before a court may grant a divorce in a suit in which the court finds |
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that: |
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(1) the respondent has been finally convicted of or |
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received deferred adjudication for an offense involving family |
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violence as defined by Section 71.004 against the petitioner or a |
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member of the petitioner's household; or |
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(2) the petitioner has an active protective order |
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under Title 4 or an active magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, based |
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on a finding of family violence, against the respondent because of |
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family violence committed during the marriage. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for dissolution of a marriage filed on or after the |
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effective date of this Act. A suit for dissolution of a marriage |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 72 was passed by the House on April |
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22, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 72 on May 23, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 72 on May 31, 2009, by the following vote: Yeas 143, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 72 was passed by the Senate, with |
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amendments, on May 19, 2009, by the following vote: Yeas 29, Nays |
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1; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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72 on May 31, 2009, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |