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AN ACT
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relating to the jury charge and jury findings in a suit affecting |
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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 105.002(c), Family Code, is amended to |
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read as follows: |
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(c) In a jury trial: |
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(1) a party is entitled to a verdict by the jury and |
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the court may not contravene a jury verdict on the issues of: |
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(A) the appointment of a sole managing |
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conservator; |
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(B) the appointment of joint managing |
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conservators; |
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(C) the appointment of a possessory conservator; |
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(D) the determination of which joint managing |
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conservator has the exclusive right to designate the primary |
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residence of the child; |
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(E) the determination of whether to impose a |
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restriction on the geographic area in which a sole managing |
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conservator or joint managing conservator may designate the child's |
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primary residence; and |
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(F) if a restriction described by Paragraph (E) |
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is imposed, the determination of the geographic area within which |
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the sole managing conservator or joint managing conservator must |
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designate the child's primary residence; and |
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(2) the court may not submit to the jury questions on |
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the issues of: |
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(A) support under Chapter 154 or Chapter 159; |
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(B) a specific term or condition of possession of |
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or access to the child; or |
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(C) any right or duty of a conservator, other |
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than a [the] determination [of which joint managing conservator has |
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the exclusive right to designate the primary residence of the |
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child] under Subdivision (1)(D), (E), or (F). |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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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. 868 was passed by the House on April |
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8, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 868 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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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 |