By Wohlgemuth                                    H.B. No. 323

      75R287 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the divorce of certain persons on the grounds of

 1-3     insupportability.

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

 1-5           SECTION 1.  Section 3.01, Family Code, is amended to read as

 1-6     follows:

 1-7           Sec. 3.01.  INSUPPORTABILITY.    (a)  A divorce may be

 1-8     decreed on the grounds of insupportability only if the parties to

 1-9     the marriage are not the parents of a child under 18 years of age

1-10     born or adopted during the marriage.

1-11           (b)  On the petition of both parties [either party] to a

1-12     marriage, a divorce may be decreed without regard to fault if the

1-13     marriage  has become insupportable because of discord or conflict

1-14     of personalities that destroys the legitimate ends of the marriage

1-15     relationship and prevents any reasonable expectation of

1-16     reconciliation.

1-17           (c)  A divorce may not be decreed on the grounds of

1-18     insupportability before the first anniversary of the date the

1-19     parties to a marriage filed  suit for dissolution of the marriage.

1-20           SECTION 2.  Section 3.60, Family Code, is amended to read as

1-21     follows:

1-22           Sec. 3.60.  WAITING PERIOD.  (a)  Except as provided by

1-23     Subsection (b), a [A] divorce shall not be  granted until at least

1-24     60 days have elapsed since the day the suit was filed.  However, a

 2-1     decree entered in violation of this subsection [section] is not

 2-2     subject to collateral attack.

 2-3           (b)  A divorce sought on the grounds of insupportability may

 2-4     not be granted before the first anniversary of the date the parties

 2-5     to the marriage  filed a petition for dissolution of the marriage.

 2-6           SECTION 3.  This Act takes effect September 1, 1997, and

 2-7     applies only to a suit for dissolution of a marriage filed on  or

 2-8     after that date.  A suit for dissolution of a marriage filed before

 2-9     that date is governed by the law in effect at the time the suit was

2-10     filed, and the former law is continued in effect for that purpose.

2-11           SECTION 4.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.