By: Denton H.B. No. 806
73R2847 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the temporary conservatorship of a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.11, Family Code, is amended by
1-5 amending Subsection (a) and adding Subsections (i) and (j) to read
1-6 as follows:
1-7 (a) In a suit affecting the parent-child relationship, the
1-8 court may, subject to Subsection (i) of this section, make any
1-9 temporary order, including the modification of a prior temporary
1-10 order, for the safety and welfare of the child, including but not
1-11 limited to an order:
1-12 (1) for the temporary conservatorship of the child;
1-13 (2) for the temporary support of the child;
1-14 (3) restraining any party from molesting or disturbing
1-15 the peace of the child or another party;
1-16 (4) prohibiting a person from removing the child
1-17 beyond a geographical area identified by the court; or
1-18 (5) for payment of reasonable attorney's fees, and
1-19 expenses.
1-20 (i) If a conservator has not been appointed in a previous
1-21 proceeding in a suit affecting the parent-child relationship in
1-22 which both parents are living, other than a suit by a governmental
1-23 entity brought under Chapter 17 of this code, a court that makes an
1-24 order for the temporary conservatorship of the child shall provide
2-1 in the order that both parents have as nearly equal possession of
2-2 the child as practicable unless a parent shows by clear and
2-3 convincing evidence that the order:
2-4 (1) is not in the best interest of the child; and
2-5 (2) would endanger the physical or emotional welfare
2-6 of the child.
2-7 (j) On written request submitted to the court not later than
2-8 the 10th day after the date of the hearing on the temporary
2-9 conservatorship of the child in a suit described by Subsection (i)
2-10 of this section in which both parents have sought possession of the
2-11 child, or on oral request in open court during the hearing, a court
2-12 that does not make an order under that subsection that provides
2-13 both parents with nearly equal possession of the child shall state
2-14 in the order the specific reasons for not ordering nearly equal
2-15 access.
2-16 SECTION 2. Section 14.033(l), Family Code, is amended to
2-17 read as follows:
2-18 (l) Temporary Orders. Subject to Section 11.11(i) of this
2-19 code, the <The> rebuttable presumption established in this section
2-20 is applicable to temporary orders for possession of a child by a
2-21 parent. This subsection does not impair the authority of the court
2-22 to enter other temporary orders under this code.
2-23 SECTION 3. This Act applies only to an order by a court
2-24 rendered on or after the effective date of this Act. An order by a
2-25 court rendered before the effective date of this Act is governed by
2-26 the law in effect at the time the order was rendered and that law
2-27 is continued in effect for that purpose.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.