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.