By: Thompson of Harris (Senate Sponsor - Zaffirini) H.B. No. 868
         (In the Senate - Received from the House April 8, 2021;
  April 12, 2021, read first time and referred to Committee on State
  Affairs; May 10, 2021, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 10, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the jury charge and jury findings in a suit affecting
  the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 105.002(c), Family Code, is amended to
  read as follows:
         (c)  In a jury trial:
               (1)  a party is entitled to a verdict by the jury and
  the court may not contravene a jury verdict on the issues of:
                     (A)  the appointment of a sole managing
  conservator;
                     (B)  the appointment of joint managing
  conservators;
                     (C)  the appointment of a possessory conservator;
                     (D)  the determination of which joint managing
  conservator has the exclusive right to designate the primary
  residence of the child;
                     (E)  the determination of whether to impose a
  restriction on the geographic area in which a sole managing
  conservator or joint managing conservator may designate the child's
  primary residence; and
                     (F)  if a restriction described by Paragraph (E)
  is imposed, the determination of the geographic area within which
  the sole managing conservator or joint managing conservator must
  designate the child's primary residence; and
               (2)  the court may not submit to the jury questions on
  the issues of:
                     (A)  support under Chapter 154 or Chapter 159;
                     (B)  a specific term or condition of possession of
  or access to the child; or
                     (C)  any right or duty of a conservator, other
  than a [the] determination [of which joint managing conservator has
  the exclusive right to designate the primary residence of the
  child] under Subdivision (1)(D), (E), or (F).
         SECTION 2.  The change in law made by this Act applies only
  to a suit affecting the parent-child relationship filed on or after
  the effective date of this Act. A suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.
 
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