By Longoria                                      H.B. No. 247

      75R1035 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to retirement benefits earned by a spouse after

 1-3     dissolution of a marriage.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter A, Chapter 5, Family Code, is amended

 1-6     by adding Section 5.05 to read as follows:

 1-7           Sec. 5.05.  RETIREMENT BENEFITS EARNED BY SPOUSE AFTER

 1-8     DISSOLUTION OF MARRIAGE.  Retirement benefits earned by a spouse

 1-9     after dissolution of marriage are the separate property of that

1-10     spouse and are not subject to division by a court rendering an

1-11     order in the suit to dissolve the marriage.

1-12           SECTION 2.  This Act is intended to clarify the law in effect

1-13     before the effective date of this Act and applies to retirement

1-14     benefits earned by a spouse after dissolution of a marriage without

1-15     regard to whether the dissolution occurs before, on, or after the

1-16     effective date of this Act.

1-17           SECTION 3.  The importance of this legislation and the

1-18     crowded condition of the calendars in both houses create an

1-19     emergency and an imperative public necessity that the

1-20     constitutional rule requiring bills to be read on three several

1-21     days in each house be suspended, and this rule is hereby suspended,

1-22     and that this Act take effect and be in force from and after its

1-23     passage, and it is so enacted.