CJ S.B. 334 75(R)BILL ANALYSIS
JUVENILE JUSTICE & FAMILY ISSUES
S.B. 334
By: Harris (Goodman)
3-27-97
Committee Report (Unamended)
BACKGROUND
During the 1994 interim, the Joint Interim Committee on the Family Code
made many recommendations and changes to the Texas Family Code. This bill
makes nonsubstantive changes and recodifies Title 1 of the Texas Family
Code. Title 1 contains the statutes regarding validity of marriage;
dissolution of marriage; right, duties, powers, liabilities of spouses;
and marital property.
PURPOSE
As proposed, S.B. 334 recodifies the Family Code and amends the Probate
Code regarding the marriage relationship.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Recodifies Title 1, Family Code, as follows:
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBCHAPTER A. MARRIAGE
CHAPTER 1. GENERAL PROVISIONS
SUBCHAPTER A. DEFINITIONS
Sec. 1.001. APPLICABILITY OF DEFINITIONS. Provides that definitions in
Chapter 101 apply to this title. Provides that if a term defined in this
subchapter has a different meaning in another subchapter, the meaning of
the other provision prevails.
Sec. 1.002. COURT. Defines "court."
Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. Defines "suit for
dissolution of marriage."
SUBCHAPTER B. PUBLIC POLICY
Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. Provides that every marriage
entered in this state is presumed valid unless void by Chapter 6.
Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. Sets forth validity of a
marriage when two or more marriages of a person to different spouses are
alleged.
Sec. 1.103. PERSON MARRIED ELSEWHERE. Provides that Texas law applies to
persons married elsewhere who are domiciled in this state.
Sec. 1.104. CAPACITY OF SPOUSE. Provides that a person married in this
state according to law has the capacity and power of an adult, regardless
of age.
Sec. 1.105. JOINDER IN CIVIL SUITS. Authorizes a spouse to sue or be sued
without joinder and that spouses may be joined when claims or liabilities
are joint and several.
Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. Prohibits a right of
action by one spouse against a third party for criminal conversation.
Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. Prohibits an action by
one spouse against a third party for alienation of affection.
Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. Provides that an
agreement or promise made in consideration of marriage or nonmarital
conjugal cohabitation is unenforceable unless in writing.
CHAPTER 2. THE MARRIAGE RELATIONSHIP
SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE
Sec. 2.001. MARRIAGE LICENSE. Provides that a marriage license is needed
if a man and woman desire to enter into a ceremonial marriage. Prohibits
a license for same sex marriages.
Sec. 2.002. APPLICATION FOR LICENSE. Sets forth the requirements of a
marriage license.
Sec. 2.003. APPLICATION FOR LICENSE BY MINOR. Sets forth requirements of
a marriage license for a minor.
Sec. 2.004. APPLICATION FORM. Sets forth requirements for an application
for a marriage license.
Sec. 2.005. PROOF OF IDENTITY AND AGE. Requires the county clerk to
require proof of identity and age, which must be established by certain
documents.
Sec. 2.006. ABSENT APPLICATION. Sets forth requirements for an absent
applicant.
Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. Sets forth requirements for an
affidavit of an absent applicant.
Sec. 2.008. EXECUTION OF APPLICATION BY CLERK. Requires the county clerk
to follow certain procedures to execute the application.
Sec. 2.009. ISSUANCE OF LICENSE. Prohibits the county clerk from issuing a
license for certain reasons.
Sec. 2.010. AIDS INFORMATION. Requires the county clerk to provide
material to applicants on acquired immune deficiency syndrome and human
immunodeficiency virus.
Sec. 2.011. RECORDING. Requires the county clerk to record all licenses
and other documents submitted with marriage license.
Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. Provides that a county
clerk or deputy county clerk commits a misdemeanor punishable by a fine
between $200 and $500 if he or she violates or fails to comply with this
subchapter.
SUBCHAPTER B. UNDERAGE APPLICANTS
Sec. 2.101. GENERAL AGE REQUIREMENT. Prohibits a county clerk from
issuing a marriage license to persons under 18 years of age, with
exceptions.
Sec. 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. Sets forth
requirements for parental consent for persons desiring to get married who
are 14 years of age or older but under 18 years of age.
Sec. 2.103. COURT ORDER FOR UNDERAGE APPLICANT. Sets forth requirements
for a minor's petition to obtain a judicial order granting permission to
marry.
SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE
Sec. 2.201. EXPIRATION OF LICENSE. Provides that a marriage license is
valid up to the 31st day after the license is issued.
Sec, 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. Sets forth persons
authorized to conduct a marriage ceremony.
Sec. 2.203. CEREMONY. Provides that an authorized person may conduct a
marriage ceremony upon receiving an unexpired marriage license. Provides
for a marriage ceremony by proxy.
Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. Provides for a waiting
period after receiving a marriage license and exceptions to the waiting
period.
Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED. Prohibits
discrimination by the person authorized to conduct a marriage ceremony.
Authorizes the State Commission on Judicial Conduct to recommend to the
supreme court that a person who intentionally violated this section be
removed from office.
Sec. 2.206. RETURN OF LICENSE; PENALTY. Sets forth requirements for the
person who conducts a marriage ceremony and penalties for failing to
comply with this subsection.
Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; PENALTY. Requires
the person conducting the marriage ceremony to determine expiration of the
marriage license. Sets forth penalties for a person conducting a marriage
ceremony after the license is expired.
Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. Sets forth duties of the
county clerk after a marriage licensed is returned.
Sec. 2.209. DUPLICATE LICENSE. Sets forth requirements for a duplicate
marriage license.
SUBCHAPTER D. VALIDITY OF MARRIAGE
Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING LICENSE. Provides
that the validity of a marriage license is unaffected by fraud, mistake,
or illegality.
Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. Provides that a
person's lack of authority for conducting a marriage ceremony does not
affect the validity of a marriage if certain requirements are met.
SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES
Sec. 2.401. PROOF OF INFORMAL MARRIAGE. Provides that a marriage may be
proved by presenting certain evidence in a hearing.
Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE. Sets forth
required contents of a declaration for informal marriage.
Sec. 2.403. PROOF OF IDENTITY AND AGE. Requires the county clerk to
require proof of the identity and age of parties to a declaration for
informal marriage.
Sec. 2.404. RECORDING OF DECLARATION OF INFORMAL MARRIAGE. Sets forth the
requirements in order for a county clerk to record a declaration of
informal marriage.
Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. Provides that a county
clerk or deputy county clerk commits a misdemeanor punishable by a fine
between $200 and $500 if he or she violates or fails to comply with this
subchapter.
SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES
Sec. 2.501. DUTY TO SUPPORT. Provides that each spouse has the duty to
support the other and is liable to the other spouse if he or she fails to
do so.
SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES
CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES
SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY
Sec. 3.001. SEPARATE PROPERTY. Sets forth what constitutes separate
property.
Sec. 3.002. COMMUNITY PROPERTY. Sets forth what constitutes community
property.
Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. Provides that property
possessed by either spouse is presumed to be community property unless
proven otherwise by clear and convincing evidence.
Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. Sets forth provisions
regarding the recording of a spouse's separate property.
SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF
MARITAL PROPERTY
Sec. 3.101. MANAGING SEPARATE PROPERTY. Provides that each spouse has
sole management, control, and disposition of that spouse's separate
property.
Sec. 3.102. MANAGING COMMUNITY PROPERTY. Provides that each spouse has
sole management, control, and disposition of community property that the
spouse would have owned if single. Provides that mixed sole management
community property is subject to joint management, control, and
disposition of the spouses, unless provided for otherwise. Provides that
community property is subject to the joint management, control, and
disposition of the spouses unless provided for otherwise.
Sec. 3.103. MANAGING EARNINGS OF MINOR. Provides that earnings of an
unemancipated minor, for whom no conservator has been appointed, are
subject to the joint management, control, and disposition of the parents
of the minor, unless otherwise agreed upon.
Sec. 3.104. PROTECTION OF THIRD PERSONS. Provides that during a marriage,
property is presumed to be subject to the sole management, control, and
disposition of a spouse if it is held in that spouse's name or possession.
Provides that a third person is entitled to rely on a spouse's authority
to deal with property if certain conditions are met.
SUBCHAPTER C. MARITAL PROPERTY LIABILITIES
Sec. 3.201. SPOUSAL LIABILITY. Sets forth provisions under which a person
is personally liable for the acts of the other spouse. Provides that
community property is not subject to liability that arise from an act of a
spouse. Provides that a spouse does not act as an agent for the other
spouse solely because of the marriage relationship.
Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. Provides that a spouse's
separate property is not subject to the liabilities of the other spouse
unless both spouses are liable by other rules of law. Sets forth
conditions under which community property subject to a spouse's sole
management, control, and disposition is not subject to liability.
Provides that community property subject to a spouse's sole or joint
management, control, and disposition is subject to liabilities incurred by
the spouse before or during marriage. Provides that all community
property is subject to tortious liability of either spouse incurred
during marriage.
Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION. Authorizes a
judge to determine an order in which separate and community property is
subject to execution. Requires a judge to consider facts surrounding the
transaction on which the suit is based in determining which property is
property is subject to execution and sale.
SUBCHAPTER D. MANAGEMENT, CONTROL, AND DISPOSITION OF
MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES
Sec. 3.301. INCAPACITATED, MISSING, ABANDONED, OR SEPARATED SPOUSE.
Authorizes a spouse to petition for management, control, and disposition
of property upon certain conditions. Sets forth requirements for the
county in which the petition is to be filed.
Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE. Authorizes a spouse to
petition for sole management, control, and disposition of certain
community property if a spouse is reported missing or a prisoner of war.
Sets forth requirements for filing the petition.
Sec. 3.303. APPOINTMENT OF ATTORNEY. Authorizes a court to appoint an
attorney in a suit filed under this subchapter. Requires a court to
appoint an attorney for a respondent reported to be a prisoner of war or
missing on public service. Authorizes the court to pay an appointed
attorney a reasonable fee for services rendered under this subchapter as
part of the costs of the suit.
Sec. 3.304. NOTICE OF HEARING; CITATION. Sets forth requirements for
notice of hearing and citation.
Sec. 3.305. CITATION BY PUBLICATION. Sets forth the requirements for
newspaper citation.
Sec. 3.306. COURT ORDER FOR MANAGEMENT, CONTROL, AND DISPOSITION OF
COMMUNITY PROPERTY. Requires the court to render an order defining the
community property that will be subject to the management, control, and
disposition of each spouse during marriage considering just and equitable
factors. Sets forth authorization for the court in defining community
property.
Sec. 3.307. CONTINUING JURISDICTION OF COURT; VACATING ORIGINAL ORDER.
Provides that a court has continuing jurisdiction over its orders.
Requires the court, on motion of either party, to amend or vacate an
original order after notice and hearing if certain factors are met.
Sec. 3.308. RECORDING ORDER TO AFFECT REAL PROPERTY. Provides that an
order authorized by this subchapter affecting real property is not
constructive notice to a good faith purchaser, unless the order is
recorded in the deed of records of the county in which the real property
is located.
Sec. 3.309. REMEDIES CUMULATIVE. Provides that the remedies in this
subchapter are cumulative of other rights, powers, and remedies afforded
spouses by law.
CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS
SUBCHAPTER A. UNIFORM PREMARITAL AGREEMENT ACT
Sec. 4.001. DEFINITIONS. Defines "premarital agreement" and "property."
Sec. 4.002. FORMALITIES. Requires a premarital agreement (agreement) to be
in writing and signed by both parties. Provides that the agreement is
enforceable without consideration.
Sec. 4.003. CONTENT. Authorizes the parties to an agreement to contract
with respect to the content of the agreement.
Sec. 4.004. EFFECT OF MARRIAGE. Provides that a premarital agreement
becomes effective upon marriage.
Sec. 4.005. AMENDMENT OR REVOCATION. Provides that after marriage an
agreement may be revoked or amended by a written agreement signed by the
parties, without consideration.
Sec. 4.006. ENFORCEMENT. Provides that an agreement is not enforceable if
the party against whom enforcement is requested proves certain issues.
Requires unconscionability of an agreement to be decided by the court.
Provides that the remedies and defenses in this section are the exclusive
remedies or defenses, including common law remedies or defenses.
Sec. 4.007. ENFORCEMENT: VOID MARRIAGE. Provides that an agreement is
enforceable only to the extent necessary to avoid an inequitable result,
if a marriage is determined to be void.
Sec. 4.008. LIMITATION OF ACTIONS. Provides that a statute of limitations
applicable to an action asserting a claim for relief under an agreement is
tolled during the marriage of the parties to the agreement. Provides that
equitable defenses are available to the parties.
Sec. 4.009. APPLICATION AND CONSTRUCTION. Requires this subchapter to be
applied and construed to effect its general purpose with respect to the
subject of this subchapter.
Sec. 4.010. SHORT TITLE: UNIFORM PREMARITAL AGREEMENT ACT.
SUBCHAPTER B. MARITAL PROPERTY AGREEMENT
Sec. 4.101. DEFINITION. Defines "property."
Sec. 4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. Authorizes
spouses to partition or exchange community property at any time. Provides
that partitioned or exchanged property becomes the separate property of
the spouse to whom it was transferred.
Sec. 4.103. AGREEMENT BETWEEN SPOUSES CONCERNING INCOME AND PROPERTY FROM
SEPARATE PROPERTY. Authorizes spouses to agree that income or property
arising from separate property is separate property of the owner.
Sec. 4.104. FORMALITIES. Requires a partition or exchange agreement to be
in writing and signed by both parties.
Sec. 4.105. ENFORCEMENT. Provides that a partition or exchange agreement
is not enforceable if the party against whom enforcement is requested
proves certain factors. Requires unconscionability of a partition or
exchange agreement to be decided by the court. Provides that remedies
and defenses in this section are the exclusive remedies or defenses,
including common law remedies or defenses.
Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR
EXCHANGE AGREEMENT. Provides that a partition or exchange agreement
which has an intent to defraud a preexisting creditor is void. Authorizes
a partition or exchange agreement to be recorded in the county in which a
party resides and in which the property is located. Provides that a
recorded partition or exchange agreement is constructive notice for good
faith purchasers only if the instrument is acknowledged and recorded in
the county in which the property is located.
CHAPTER 5. HOMESTEAD RIGHTS
SUBCHAPTER A. SALE OF HOMESTEAD; GENERAL RULE
Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD. Prohibits the
sale, conveyance, or encumbrance of a homestead without joinder of the
other spouse.
Sec. 5.002. SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE. Authorizes sale,
conveyance, or encumbrance of the homestead, without joinder of the other
spouse, if the other spouse has been judicially declared incapacitated.
SUBCHAPTER B. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES
Sec. 5.101. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES. Authorizes a
separate property homestead to be sold, conveyed, or encumbered, without
joinder, under certain circumstances.
Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES.
Authorizes community property homestead to be sold, conveyed, or
encumbered, without joinder, under certain circumstances.
Sec. 5.103. TIME FOR FILING PETITION. Authorizes the petitioning spouse to
file a petition by a certain date.
Sec. 5.104. APPOINTMENT OF ATTORNEY. Authorizes a court to appoint an
attorney under this subchapter for the respondent. Requires a court to
appoint an attorney for a respondent reported to be a prisoner of war or
missing on public service. Authorizes the court to pay an attorney a
reasonable fee for services rendered under this subchapter.
Sec. 5.105. CITATION; NOTICE OF HEARING. Requires a citation and notice
of hearing to be issued and served as provided in Chapter 3D.
Sec. 5.106. COURT ORDER. Requires the court, after notice and hearing, to
render an order the court deems just and equitable with respect to the
sale, conveyance, or encumbrance of a separate property homestead.
Requires the court to render an order defining community property. Sets
forth authorizations for the court.
Sec. 5.107. SALE OF COMMUNITY HOMESTEAD FOR SPOUSE JUDICIALLY DECLARED
INCAPACITATED. Authorizes a spouse to sell, convey, or encumber a
community property homestead, without joinder, if one spouse is
judicially declared incapacitated.
Sec. 5.108. REMEDIES AND POWERS CUMULATIVE. Provides that remedies and
powers of a spouse under this subchapter are cumulative of other rights,
powers, and remedies.
SUBTITLE C. DISSOLUTION OF MARRIAGE
CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
Sec. 6.001. INSUPPORTABILITY. Authorizes a court to grant a divorce
because of discord and conflict of personalities which destroys the
legitimate ends of the marriage.
Sec. 6.002. CRUELTY. Authorizes a court to grant a divorce because of a
spouse's cruel treatment towards the other spouse.
Sec. 6.003. ADULTERY. Authorizes a court to grant a divorce based on
adultery.
Sec. 6.004. CONVICTION OF FELONY. Sets forth the grounds for granting a
divorce based on one spouse being convicted of a felony.
Sec. 6.005. ABANDONMENT. Sets forth the grounds for divorce based on
abandonment.
Sec. 6.006. LIVING APART. Sets forth the grounds for divorce based on the
spouses living apart for at least three years.
Sec. 6.007. CONFINEMENT IN A MENTAL HOSPITAL. Sets forth the grounds for
divorce based on a spouse being confined to a mental institution.
Sec. 6.008. DEFENSES. Provides that defenses to a suit for recrimination
and adultery are abolished and that condonation is a defense if there is a
reasonable expectation of reconciliation.
SUBCHAPTER B. GROUNDS FOR ANNULMENT
Sec. 6.101. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14. Sets forth the
requirements for filing and granting an annulment of a marriage of a
person under 14 years of age.
Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER 18. Sets forth the
requirements for filing and granting an annulment of a person 14 years of
age or older but under 18 years of age.
Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. Prohibits a suit for
annulment from being filed under Section 6.101 or 6.102 by a parent,
conservator, or guardian after the 18th birthday of the person.
Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE. Authorizes an
annulment to be granted with the court's discretion without a jury.
Requires a court to consider pertinent facts in exercising its discretion.
Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. Authorizes the court
to grant an annulment based on the effects of alcohol or narcotics.
Sec. 6.106. IMPOTENCY. Sets forth the requirements for an annulment if
either party is impotent.
Sec. 6.107. FRAUD, DURESS, OR FORCE. Sets forth the requirements for an
annulment based on fraud, duress, or force.
Sec. 6.108. MENTAL INCAPACITY. Sets forth the requirements for an
annulment based on mental incapacity of a spouse at the time of the
marriage.
Sec. 6.109. CONCEALED DIVORCE. Sets forth the requirements for an
annulment based on a concealed divorce. Prohibits a suit from being
brought under this section after the first anniversary of the marriage
date.
Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF LICENSE. Sets
forth the requirements for an annulment based on a marriage ceremony which
occurred less than 72 hours after the issuance of a marriage license.
Prohibits a suit from being brought under this section after the first
anniversary of the marriage date.
Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Prohibits an annulment
from being challenged in a proceeding instituted after the death of either
party to the marriage.
SUBCHAPTER C. DECLARING A MARRIAGE VOID
Sec. 6.201. CONSANGUINITY. Provides that a marriage is void if one party
is related to the other by certain degrees of consanguinity.
Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. Provides that a
marriage is void if either party is still legally married. Provides that
a later void marriage becomes valid when the earlier marriage is dissolved
if the parties have lived together and represent themselves as married.
Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Provides that certain
marriages entered into before January 1, 1970 are validated if certain
requirements are met.
SUBCHAPTER D. JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS
Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. Sets forth
jurisdictional requirements for a divorce to be maintained in this state.
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. Establishes where a
nonresident may file a divorce suit in the county in which the resident
spouse lives at the time the petition is filed.
Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Provides that time spent outside
the state while in the services of the armed forces or other service of
the United States or of this state is considered residence in this state
and in that county.
Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS. Provides
that a person not previously a resident of this state who is serving in
the armed forces of the United States and has been stationed at one or
more military installations in this state for at least the last six months
and at a military installation in a county of this state for at least the
last 90 days is considered to be a Texas domiciliary and a resident of
that county for those periods for the purpose of filing suit for
dissolution of a marriage.
Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT RESPONDENT. Provides
that if a petitioner in a suit for dissolution of a marriage is a resident
or domiciliary of this state, the court may exercise jurisdiction over the
respondent if certain requirements are met. Provides that a court
acquiring jurisdiction over a respondent in this section also acquires
jurisdiction over the respondent in a suit affecting the parent-child
relationship.
Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE. Authorizes a suit for
annulment to be maintained in this state if the parties were married in
this state or if either party is domiciled in this state. Provides that
an annulment suit is in rem and affects the status of the parties to the
marriage.
Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. Authorizes either
party to a void marriage is authorized to sue to have the marriage
declared void. Authorizes the court to declare a marriage void if certain
requirements are met. Provides that a suit to void a marriage is in rem
and affects the status of the parties to the purported marriage.
Sec. 6.308. EXERCISING PARTIAL JURISDICTION. Authorizes a court in which a
suit for dissolution of a marriage is filed to exercise its jurisdiction
over those portions of the suit for which it has authority. Provides the
court's authority to resolve the parties' issues in controversy may be
restricted because it lacks certain jurisdictions.
SUBCHAPTER E. FILING SUIT
Sec. 6.401. CAPTION. Sets forth the caption for pleadings in a suit for
divorce.
Sec. 6.402. PLEADINGS. Sets forth the requirements for pleadings in a suit
for divorce.
Sec. 6.403. ANSWER. Provides that no answer is required for a suit for
dissolution of marriage.
Sec. 6.404. STATEMENT ON ALTERNATE DISPUTE RESOLUTION. Sets forth
requirements for a statement to be included in the first pleading filed by
each party. Provides that the statement is not required for certain
pleadings.
Sec. 6.405. PROTECTIVE ORDER. Requires the petition in a suit for
dissolution of a marriage to state whether a protective order is in effect
or pending. Sets forth the requirements for the attachment of the
protective order.
Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP.
Requires a petition in a suit for dissolution of a marriage to state
whether there are children born or adopted of the marriage who are under
18 years of age or entitled to support. Requires the suit for dissolution
of a marriage to include a suit affecting the parent-child relationship
(SAPCR) if the parties are parents of a child and the child is not under
continuing jurisdiction of another court.
Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP TO
DIVORCE COURT. Provides that if a SAPCR is pending at the time the suit
for dissolution of a marriage is filed, the SAPCR is required to be
transferred to the court in which the suit for dissolution is filed.
Provides that if the parties are parents of a child and the child is under
the continuing jurisdiction of another court, either party to the suit may
move that court for transfer of the SAPCR to the court having jurisdiction
of the suit for dissolution. Requires the court with continuing
jurisdiction to transfer the proceeding. Requires the court with
jurisdiction of the suit for dissolution of a marriage to consolidate the
two causes of action. Provides that the court with the jurisdiction of
the suit for dissolution of a marriage has jurisdiction to render an order
in a SAPCR.
Sec 6.408. SERVICE OF CITATION. Requires a citation to be issued and
served as in other civil cases for a suit for dissolution of marriage.
Authorizes citation to be served on any person who may assert an interest
in the suit for dissolution of marriage.
Sec. 6.409. CITATION BY PUBLICATION. Sets forth the requirements for
citation by publication.
SUBCHAPTER F. TEMPORARY ORDERS
Sec. 6.501. TEMPORARY RESTRAINING ORDER. Sets forth the conditions under
which a court may grant a temporary restraining order (TRO) and what the
TRO allows and disallows.
Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS. Authorizes a
court to issue a temporary injunction and sets forth provisions for the
order.
Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT REQUIRED. Sets
forth requirements for a temporary restraining order or temporary
injunction. Authorizes the court to dispense with the issuance of a bond
between the spouses in connection with temporary orders.
Sec. 6.504. PROTECTIVE ORDERS. Authorizes the court to render a
protective order.
Sec. 6.505. COUNSELING. Authorizes a court to direct parties to counseling
while a divorce suit is pending. Requires a report to be made by a
counselor about the parties in a suit and a copy of such report to be
issued to each party and the court. Authorizes the court to direct
further counseling, not to exceed 60 days, if the court believes there is
a reasonable expectation for reconciliation. Sets forth circumstances the
court is required to consider in ordering counseling. Requires the
counselor to report to the court whether the parties have complied with
the court's order. Requires the court thereafter to proceed with the
divorce suit.
Sec. 6.506. CONTEMPT. Provides that a violation of a TRO, temporary
injunction, or other temporary orders is punishable by contempt.
Sec. 6.507. INTERLOCUTORY APPEAL. Provides that an order under this
section, except an order appointing a receiver, is not subject to
interlocutory appeal.
SUBCHAPTER G. ALTERNATIVE DISPUTE RESOLUTION
Sec. 6.601. ARBITRATION PROCEDURES. Authorizes the court to refer the
divorce suit to arbitration, upon written agreement of the parties.
Requires the agreement to state whether the arbitration is binding or
nonbinding. Requires the court to render an order reflecting the
arbitrator's award, if the parties agree to binding arbitration.
Sec. 6.602. MEDIATION PROCEDURES. Authorizes the court, upon written
agreement of the parties, to refer the suit for dissolution of a marriage
to mediation. Provides that a mediated settlement agreement is binding on
the parties if the agreement is not subject to revocation and is signed by
both parties and by the party's attorneys. Provides that a party is
entitled to judgment on the mediated settlement agreement if the mediated
settlement agreement meets the requirements of this section.
SUBCHAPTER H. TRIAL AND APPEAL
Sec. 6.701. FAILURE TO ANSWER. Provides that the petition is not
authorized to be taken as confessed if the respondent does not file an
answer.
Sec. 6.702. WAITING PERIOD. Prohibits the court from granting a divorce
before the 60th day after the date a suit is filed. Provides that a decree
rendered in violation of this subsection is not subject to collateral
attack. Provides that a waiting period is not required before a court may
grant an annulment or declare a marriage void.
Sec. 6.703. JURY. Authorizes either party to demand a jury trial unless
the action is a suit to annul an underage marriage.
Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE. Provides that in a suit for
dissolution of a marriage, the husband and wife are competent witnesses
for and against each other. Provides that a spouse is not authorized to be
compelled to testify if it will incriminate the spouse. Requires the
court or the jury to determine the credibility and weight of a husband's
or wife's testimony.
Sec. 6.705. TESTIMONY BY MARRIAGE COUNSELOR. Prohibits a report by a
counselor (counselor) appointed by the court from being admitted as
evidence in any suit for divorce. Provides that counselor is not
competent to testify in any suit involving the parties or their children.
Prohibits files, records, and other work-products of the counselor from
being admitted into evidence.
Sec. 6.706. CHANGE OF NAME. Requires the court to change the name of a
party to the party's previous name upon request, unless the court denies
the change in the decree. Prohibits the court from denying the name change
solely to keep the last name of family members the same. Provides that
the name change does not release the person from any prior liability under
the previous name. Authorizes the person whose name is changed to apply
for a change of name certificate from the clerk of the court.
Sec. 6.707. TRANSFERS AND DEBTS PENDING DECREE. Provides that a transfer
of real or personal community property or a debt incurred by a spouse
while a suit for divorce or annulment is pending that subjects the other
spouse or the community property to liability is void with respect to the
other spouse if the transfer was made or the debt incurred with the intent
to injure the rights of the other spouse. Provides that a transfer or
debt is not void if the person dealing with the transferor or debtor
spouse (third party) did not have notice of the intent to injure the
rights of the other spouse. Provides that the spouse seeking to void the
transfer has the burden that the third party had notice.
Sec. 6.708. COSTS. Authorizes a court to reward costs to a party in a
suit for dissolution of marriage. Prohibits costs from being adjudged
against a party against whom a divorce is granted for confinement in a
mental hospital. Authorizes the expenses of counseling to be taxed
against either or both parties.
Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. Authorizes a trial court to
render a temporary order necessary for the preservation of the property
and for protection of the parties during appeal, including certain orders,
no later than the 30th day after appeal. Provides that the trial court
retains jurisdiction to enforce a temporary order unless superseded by the
appellate court.
SUBCHAPTER I. REMARRIAGE
Sec. 6.801. REMARRIAGE. Prohibits a divorced party from marrying again
before the 31st day after the date the divorce is decreed. Authorizes
former spouses to marry each other at any time.
Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. Authorizes the
court to waive the prohibition against remarriage upon good cause shown if
a record of the proceedings is made and preserved or findings of fact and
conclusions of law are filed.
CHAPTER 7. AWARD OF MARITAL PROPERTY
Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. Requires the court to make
a just and right division of the estate of the parties, having due regard
to each party and any children of the marriage.
Sec. 7.002. DIVISION OF PROPERTY UNDER SPECIAL CIRCUMSTANCES. Requires
the court to order a division of certain real and personal property, in a
manner the court deems just and right, having due regard to each party and
any children of the marriage.
Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER
PLANS. Requires the court to determine the rights of both spouses in
certain retirement plans, in a decree of divorce or annulment.
Sec. 7.004. DISPOSITION OF RIGHTS IN INSURANCE. Requires the court in a
decree of divorce or annulment to award the rights of each spouse in an
insurance policy.
Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED. Provides that
insurance other than life insurance, not awarded to a spouse in a decree
of divorce or annulment, remains in effect until the policy expires. Sets
forth how to pay the proceeds of a valid claim under an insurance policy.
Provides that failure of a former spouse to change the endorsement of a
policy does not relieve the insurer of liability to pay proceeds.
Sec. 7.006. AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT. Authorizes spouses
to enter into a written agreement concerning division of property
(agreement) which may be revised or repudiated before the divorce or
annulment, unless otherwise binding. Provides that the agreement is
binding on the court once the court finds that it is just and right,
otherwise the court is authorized to request a revised agreement or set
the case for a contested hearing.
CHAPTER 8. MAINTENANCE
Sec. 8.001. DEFINITION. Defines "maintenance."
Sec. 8.002. ELIGIBILITY FOR MAINTENANCE. Sets forth the conditions under
which the court may order spousal maintenance.
Sec. 8.003. FACTORS IN DETERMINING MAINTENANCE. Sets forth the factors
for the court in determining spousal maintenance.
Sec. 8.004. PRESUMPTION. Provides that it is presumed that spousal
maintenance is not warranted unless certain factors are met. Provides that
this presumption does not apply to certain individuals.
Sec. 8.005. DURATION OF MAINTENANCE ORDER. Sets forth requirements of the
duration of the spousal maintenance. Sets forth an exception for the
duration of spousal maintenance.
Sec. 8.006. AMOUNT OF MAINTENANCE. Sets forth amounts for spousal
maintenance and what is excluded from spousal maintenance.
Sec. 8.007. TERMINATION. Sets forth instances in which spousal maintenance
terminates.
Sec. 8.008. MODIFICATION OF MAINTENANCE ORDER. Sets forth the process and
procedures in modifying a spousal maintenance order and grounds not
suitable for the institution of spousal maintenance.
Sec. 8.009. ENFORCEMENT OF MAINTENANCE ORDER. Sets forth the enforcement
and affirmative defenses to enforcement of spousal maintenance.
Sec. 8.010. PUTATIVE SPOUSE. Authorizes a putative spouse to be awarded
spousal maintenance.
Sec. 8.011. UNMARRIED COHABITANTS. Prohibits spousal maintenance for
unmarried cohabitants.
CHAPTER 9. POST-DECREE PROCEEDINGS
SUBCHAPTER A. SUIT TO ENFORCE DECREE
Sec. 9.001. ENFORCEMENT OF DECREE. Authorizes a party affected by a decree
of divorce or annulment to file suit to enforce (suit) the decree.
Requires the suit to be governed by the Texas Rules of Civil Procedure.
Requires a written answer and entitlement to notice by citation for
parties affected by the suit.
Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. Provides for
continuing power, by a court rendering a decree of divorce or annulment.
Sec. 9.003. FILING DEADLINES. Sets forth deadlines for filing a suit.
Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. Provides that
procedures and limitations of this subchapter do not apply to existing
property not divided on divorce.
Sec. 9.005. NO JURY. Prohibits a party from demanding a jury trial for a
suit to enforce.
Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. Authorizes the court to
render further precise orders to enforce division of property. Provides
that an order of enforcement does not affect the finality of the decree of
divorce or annulment.
Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. Prohibits a court
from amending, modifying, altering, or changing the division of property
made in a decree of divorce or annulment and any change is unenforceable.
Provides that a court's power to clarify or render is abated while an
appellate proceeding is pending.
Sec. 9.008. CLARIFICATION ORDER. Authorizes the court to render a
clarification order, in conjunction with a motion for contempt or denial
of motion for contempt. Authorizes the court to render a clarifying
order, if the original property division is not specific. Prohibits the
court from giving retroactive effect to a clarifying order. Requires the
court to provide reasonable time for compliance.
Sec. 9.009. DELIVERY OF PROPERTY. Authorizes the court to order delivery
of specific existing property, including existing money or its equivalent.
Sec. 9.010. REDUCTION TO MONEY JUDGMENT. Authorizes the court to render a
money judgment if a party fails to comply with a decree of divorce or
annulment and delivery of property awarded in the decree is no longer an
adequate remedy. Authorizes a court to render judgment against a
defaulting party for nonpayment of money awarded from a divorce or
annulment decree. Provides that reduction to money judgment is in
addition to other remedies provided by law. Authorizes a money judgment
rendered to be enforced by any means available for the enforcement of
judgment for debt.
Sec. 9.011. RIGHT TO FUTURE PROPERTY. Authorizes a court to enforce awards
of the right to receive installment payments. Provides that receipt of
property awarded to the owner creates a fiduciary obligation and a
constructive trust for the benefit of the owner.
Sec. 9.012. CONTEMPT. Sets forth instances during which a court is
authorized to use and not use contempt. Provides that this subchapter does
not detract from or limit the general power of a court to enforce an order
of the court.
Sec. 9.013. COSTS. Authorizes the court to award costs to enforce property
division.
Sec. 9.014. ATTORNEY'S FEES. Authorizes the court to award reasonable
attorney's fees and to order the fees to be paid directly to the attorney.
SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER
Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER. Provides
that a court which rendered a final decree of divorce or annulment or
another final order dividing property has continuing, exclusive
jurisdiction for certain matters. Provides that a suit seeking a
qualified domestic relations order applies to certain retirement plans.
Sec. 9.102. PROCEDURE. Sets forth the process and procedures for
petitioning a qualified domestic relations order.
Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS ORDER.
Authorizes a party to petition a court to render a qualified domestic
relations order if the court that rendered a final decree of divorce or
annulment or another final order did not provide a qualified domestic
relations order or similar order permitting payment of benefits to an
alternative payee or other lawful payee.
Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. Provides that a
court retains continuing, exclusive jurisdiction over parties and their
property necessary to render a qualified domestic relations order although
a qualified domestic relations order does not satisfy the requirements of
one.
Sec. 9.105. LIBERAL CONSTRUCTION. Requires the court to liberally construe
this subchapter.
SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY
Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON
DIVORCE OR ANNULMENT. Authorizes either spouse to file a suit to divide
property not divided or awarded in a final decree of divorce or annulment.
Provides that this suit is governed by the Texas Rules of Civil Procedure.
Sec. 9.202. LIMITATIONS. Sets forth the statute of limitations for suits
under this subchapter.
Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD
JURISDICTION. Requires the court to divide undisposed property in a just
and right manner. Requires a court of this state to apply the law of the
court of the other state regarding undivided property.
Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED
JURISDICTION. Provides that a court which did not dispose of property
subject to division because the court lacked jurisdiction over the person
or property, the court may divide the property once jurisdiction is
conferred. Provides that if a court in another state does not dispose of
property because the court lacked jurisdiction, and a court in this state
acquires jurisdiction, then the court in this state may divide the
property.
Sec. 9.205. ATTORNEY'S FEES. Authorizes a court to award reasonable
attorney's fees and pay the fees directly to the attorney.
SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST
Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE
INSURANCE. Provides that a life insurance policy which names an ex-spouse
as beneficiary is ineffective unless certain factors are met. Provides
that proceeds are payable to certain entities. Provides that an
ineffective beneficiary still makes the insurer liable to pay proceeds if
certain conditions are met.
Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY IN
RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. Provides that if a decree
is rendered after a spouse has designated the other spouse as a
beneficiary under certain financial plans, the designating provision in
the plan in favor of the other former spouse is not effective unless
certain requirements are met. Sets forth the payee of an ineffective
designation. Provides that an insurer is still liable for proceeds if the
designation is ineffective, if certain requirements are satisfied.
Provides that this section does not affect the right of a former spouse
in certain financial plans nor does it apply to the disposition of certain
financial plans.
SECTION 2. Amends Chapter XIII5D, Texas Probate Code, by adding Sections
886 through 886F, as follows:
Sec. 886. APPOINTMENT OF RECEIVER. Sets forth requirements under which a
receiver is to be appointed to take charge of the separate property. Sets
forth requirements of the order of appointment of receiver. Sets forth
requirements of a person reported to be a prisoner of war or missing in
action for a person becoming a receiver, including duties and power of the
receiver.
Sec. 886A. EXPENDITURES BY RECEIVER. Sets forth requirements for
expenditures by the receiver.
Sec. 886B. INVESTMENTS, LOANS, AND CONTRIBUTIONS BY RECEIVER. Sets forth
requirements for investing by the receiver.
Sec. 886C. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION. Authorizes a
monthly expense report to be given to a judge by the receiver. Requires
the judge to reimburse the receiver, if judge is satisfied by the report,
from funds under the receiver's control. Provides for compensation of the
receiver.
Sec. 886D. CLOSING RECEIVERSHIP. Sets forth requirements for closing a
receivership.
Sec 886E. ACTION OF JUDGE. Requires the judge to render an order to direct
the receiver to deliver property in the receiver's control to certain
persons once the judge is satisfied that the reason for appointing a
receiver has been abated. Requires a person to whom property was
delivered to give a receipt to the clerk. Requires the judge to continue
receivership if the judge is not satisfied that the reason for
receivership has not been abated or with the report filed by the receiver.
Sec. 886F. RECORDATION OF PROCEEDINGS. Requires certain receivership
proceedings to be recorded in the minutes of the court.
SECTION 3. Repealer: Title 1, Family Code (The Marriage Relationship).
SECTION 4. Makes application of this Act prospective.
SECTION 5. Emergency clause.
Effective date: upon passage.
SUMMARY OF COMMITTEE CHANGES
Committee amendment 1:
(1) On page 60, between lines 13 and 14, inserts Section 6.702. WAITING
PERIOD. Prohibits the court from granting a divorce before the 60th day
after the date a suit is filed. Prohibits a decree in violation of this
subsection subject to collateral attack. Provides that a waiting period is
not required before a court grants an annulment or declares a marriage
void.
(2) On page 60, line 14, substitute "6,702" with "6.703."
(3) On page 60, line 17, substitute "6.703" with "6.704."
(4) On page 60, line 25, substitute "6.704" with "6.705."
(5) On page 61, line 8, substitute "6.705" with "6.706."
(6) On page 61, line 21, substitute "6.706" with "6.707."
(7) On page 62, line 62, substitute "6.708" with "6.708."
(8) On page 62, line 16, substitute "6.708" with "6.709."