By:  Chisum                                           H.B. No. 1418
       73R5001 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a contract concerning the grounds by which the parties
    1-3  to a marriage may dissolve the marriage.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 4, Family Code, is amended by adding
    1-6  Subchapter B to read as follows:
    1-7             SUBCHAPTER B.  MARRIAGE DISSOLUTION CONTRACT
    1-8        Sec. 4.21.  MARRIAGE DISSOLUTION CONTRACT.  (a)  The parties
    1-9  to a marriage may enter into a contract under this subchapter that
   1-10  provides that the parties may not dissolve the marriage unless both
   1-11  parties agree to dissolve the marriage or one party shows that the
   1-12  other party has committed an act that constitutes grounds specified
   1-13  under the contract for the dissolution of the marriage.
   1-14        (b)  A contract under this section may be executed either
   1-15  before or after the occurrence of the marriage ceremony of the
   1-16  parties as provided by Section 1.82 of this code.
   1-17        Sec. 4.22.  CONTRACT TERMS.  A court may not enforce a
   1-18  contract under this subchapter unless it contains:
   1-19              (1)  a statement that the parties agree that the
   1-20  contract contains the exclusive understanding and agreement between
   1-21  the parties relating to the terms of the continuance of the
   1-22  marriage relationship;
   1-23              (2)  a statement that the parties agree that the
   1-24  marriage may not be dissolved except by mutual consent of the
    2-1  parties or on a showing by a preponderance of the evidence in a
    2-2  court by one party of the fault of the other party;
    2-3              (3)  a description of the grounds that constitute fault
    2-4  by a party; and
    2-5              (4)  a statement that the parties recognize that in the
    2-6  absence of a contract authorized under this subchapter either party
    2-7  may petition for dissolution of the marriage on the grounds that
    2-8  the marriage has become insupportable as provided by Section 3.01
    2-9  of this code and that, by executing this document, the parties
   2-10  agree that each party waives the right to petition for dissolution
   2-11  under that section.
   2-12        Sec. 4.23.  GROUNDS CONSTITUTING FAULT.  The grounds that may
   2-13  constitute fault for the purposes of a contract under this
   2-14  subchapter include:
   2-15              (1)  consent to the marriage was obtained by force,
   2-16  duress, or fraud by a party against the party petitioning for
   2-17  dissolution of the marriage;
   2-18              (2)  the party seeking the dissolution of the marriage
   2-19  was incapable of consenting to the marriage because of physical or
   2-20  mental incompetence;
   2-21              (3)  a party to the marriage has committed adultery;
   2-22              (4)  a party to the marriage is impotent and the party
   2-23  petitioning for the dissolution of the marriage was unaware at the
   2-24  time of the marriage that the other party was impotent or likely to
   2-25  become impotent;
   2-26              (5)  a party is infected with a sexually transmitted
   2-27  disease and the party petitioning for the dissolution of the
    3-1  marriage was unaware at the time of the marriage that the other
    3-2  party was infected with the disease;
    3-3              (6)  a party has abandoned the marriage or has
    3-4  disappeared for not less than one year;
    3-5              (7)  a party has a habitual and ongoing addiction to
    3-6  alcohol or drugs;
    3-7              (8)  a party has continually neglected or refused to
    3-8  make reasonable provision for the basic needs of the party's
    3-9  family;
   3-10              (9)  a party has been imprisoned in a state, federal,
   3-11  or foreign prison for not less than two years;
   3-12              (10)  a party has continually treated the other party
   3-13  or a child residing in the home of a party with physical abuse or
   3-14  extreme mental cruelty;
   3-15              (11)  a party has continually sexually abused a child
   3-16  residing in the home of a party;
   3-17              (12)  a party has been determined to be legally insane;
   3-18  and
   3-19              (13)  any other grounds that the parties agree to
   3-20  include in the contract at the time the contract is executed.
   3-21        Sec. 4.24.  ENFORCEMENT.  (a)  A court may enforce a marriage
   3-22  contract under this subchapter only after the marriage ceremony of
   3-23  the parties as provided by Section 1.82 of this code.
   3-24        (b)  The marriage of the parties to a contract under this
   3-25  subchapter may not be dissolved or modified except under the terms
   3-26  of the contract.
   3-27        (c)  A party to a contract under this subchapter may
    4-1  institute an action to dissolve the marriage of the parties if:
    4-2              (1)  the other party consents to the dissolution; or
    4-3              (2)  the party believes that the other party has
    4-4  engaged in conduct that is grounds for the dissolution of the
    4-5  marriage specified in the contract.
    4-6        (d)  A court shall enter a decree dissolving the marriage as
    4-7  provided by Chapter 3 of this code if the party who petitions for
    4-8  dissolution shows by a preponderance of the evidence that:
    4-9              (1)  both parties consent to the dissolution; or
   4-10              (2)  the other party has engaged in conduct that is a
   4-11  ground for the dissolution of the marriage specified in the
   4-12  contract.
   4-13        (e)  When fault on the part of a party is alleged and the
   4-14  responding party contests the petition or denies the allegation of
   4-15  fault, the court shall submit the issue of the fault of a party to
   4-16  a jury on the request of either party.
   4-17        (f)  If grounds for the dissolution of the marriage under a
   4-18  contract under this section is found by a jury as provided by
   4-19  Subsection (e) of this section, the court shall enter a decree
   4-20  dissolving the marriage as provided by Chapter 3 of this code.  The
   4-21  court shall determine issues of property division, child custody,
   4-22  and possession and access to a child.
   4-23        SECTION 2.  Sections 4.01-4.06, Family Code, are designated
   4-24  as Subchapter A, Chapter 4, Family Code, as follows:
   4-25        SUBCHAPTER A.  RIGHTS, DUTIES, POWERS, AND LIABILITIES
   4-26        SECTION 3.  This Act takes effect September 1, 1993, and
   4-27  applies to a marriage that exists on or after that date.
    5-1        SECTION 4.  The importance of this legislation and the
    5-2  crowded condition of the calendars in both houses create an
    5-3  emergency and an imperative public necessity that the
    5-4  constitutional rule requiring bills to be read on three several
    5-5  days in each house be suspended, and this rule is hereby suspended.