By Goodman H.B. No. 400 75R2188 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the recodification of statutes relating to the marriage 1-3 relationship. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. The Family Code is recodified by reenacting Title 1-6 1 to read as follows: 1-7 TITLE 1. THE MARRIAGE RELATIONSHIP 1-8 SUBTITLE A. MARRIAGE 1-9 CHAPTER 1. GENERAL PROVISIONS 1-10 SUBCHAPTER A. DEFINITIONS 1-11 Sec. 1.001. APPLICABILITY OF DEFINITIONS. (a) The 1-12 definitions in this subchapter apply to this title. 1-13 (b) Except as provided by this subchapter, the definitions 1-14 in Chapter 101 apply to terms used in this title. 1-15 (c) If, in another part of this title, a term defined by 1-16 this subchapter has a meaning different from the meaning provided 1-17 by this subchapter, the meaning of that other provision prevails. 1-18 Sec. 1.002. COURT. "Court" means the district court, 1-19 juvenile court having the jurisdiction of a district court, or 1-20 other court expressly given jurisdiction of a suit under this 1-21 title. 1-22 Sec. 1.003. SUIT FOR DISSOLUTION OF MARRIAGE. "Suit for 1-23 dissolution of a marriage" includes a suit for divorce or annulment 1-24 or to declare a marriage void. 2-1 (Sections 1.004-1.100 reserved for expansion) 2-2 SUBCHAPTER B. PUBLIC POLICY 2-3 Sec. 1.101. EVERY MARRIAGE PRESUMED VALID. In order to 2-4 promote the public health and welfare and to provide the necessary 2-5 records, this code specifies detailed rules to be followed in 2-6 establishing the marriage relationship. However, in order to 2-7 provide stability for those entering into the marriage relationship 2-8 in good faith and to provide for an orderly determination of 2-9 parentage and security for the children of the relationship, it is 2-10 the policy of this state to preserve and uphold each marriage 2-11 against claims of invalidity unless a strong reason exists for 2-12 holding the marriage void or voidable. Therefore, every marriage 2-13 entered into in this state is presumed to be valid unless expressly 2-14 made void by Chapter 6 or unless expressly made voidable by Chapter 2-15 6 and annulled as provided by that chapter. 2-16 Sec. 1.102. MOST RECENT MARRIAGE PRESUMED VALID. When two 2-17 or more marriages of a person to different spouses are alleged, the 2-18 most recent marriage is presumed to be valid as against each 2-19 marriage that precedes the most recent marriage until one who 2-20 asserts the validity of a prior marriage proves the validity of the 2-21 prior marriage. 2-22 Sec. 1.103. PERSONS MARRIED ELSEWHERE. The law of this 2-23 state applies to persons married elsewhere who are domiciled in 2-24 this state. 2-25 Sec. 1.104. CAPACITY OF SPOUSE. Except as expressly 2-26 provided by statute or by the constitution, a person, regardless of 2-27 age, who has been married in accordance with the law of this state 3-1 has the capacity and power of an adult, including the capacity to 3-2 contract. 3-3 Sec. 1.105. JOINDER IN CIVIL SUITS. (a) A spouse may sue 3-4 and be sued without the joinder of the other spouse. 3-5 (b) When claims or liabilities are joint and several, the 3-6 spouses may be joined under the rules relating to joinder of 3-7 parties generally. 3-8 Sec. 1.106. CRIMINAL CONVERSATION NOT AUTHORIZED. A right 3-9 of action by one spouse against a third party for criminal 3-10 conversation is not authorized in this state. 3-11 Sec. 1.107. ALIENATION OF AFFECTION NOT AUTHORIZED. A right 3-12 of action by one spouse against a third party for alienation of 3-13 affection is not authorized in this state. 3-14 Sec. 1.108. PROMISE OR AGREEMENT MUST BE IN WRITING. A 3-15 promise or agreement made on consideration of marriage or 3-16 nonmarital conjugal cohabitation is not enforceable unless the 3-17 promise or agreement or a memorandum of the promise or agreement is 3-18 in writing and signed by the person obligated by the promise or 3-19 agreement. 3-20 CHAPTER 2. THE MARRIAGE RELATIONSHIP 3-21 SUBCHAPTER A. APPLICATION FOR MARRIAGE LICENSE 3-22 Sec. 2.001. MARRIAGE LICENSE. (a) A man and a woman 3-23 desiring to enter into a ceremonial marriage must obtain a marriage 3-24 license from the county clerk of any county of this state. 3-25 (b) A license may not be issued for the marriage of persons 3-26 of the same sex. 3-27 Sec. 2.002. Application for License. Except as provided by 4-1 Section 2.006, each person applying for a license must: 4-2 (1) appear before the county clerk; 4-3 (2) submit the person's proof of identity and age as 4-4 provided by this subchapter; 4-5 (3) provide the information applicable to that person 4-6 for which spaces are provided in the application for a marriage 4-7 license; 4-8 (4) mark the appropriate boxes provided in the 4-9 application; and 4-10 (5) take the oath printed on the application and sign 4-11 the application before the county clerk. 4-12 Sec. 2.003. Application for License by Minor. In addition 4-13 to the other requirements provided by this chapter, a person under 4-14 18 years of age applying for a license must provide to the county 4-15 clerk: 4-16 (1) documents establishing, as provided by Section 4-17 2.102, parental consent for the person to the marriage; 4-18 (2) documents establishing that a prior marriage of 4-19 the person has been dissolved; or 4-20 (3) a court order granted under Section 2.103 4-21 authorizing the marriage of the person. 4-22 Sec. 2.004. Application Form. (a) The county clerk shall 4-23 furnish the application form as prescribed by the bureau of vital 4-24 statistics. 4-25 (b) The application form must contain: 4-26 (1) a heading entitled "Application for Marriage 4-27 License, ____________ County, Texas"; 5-1 (2) spaces for each applicant's full name, including 5-2 the woman's maiden surname, address, social security number, if 5-3 any, date of birth, and place of birth, including city, county, and 5-4 state; 5-5 (3) a space for indicating the document tendered by 5-6 each applicant as proof of identity and age; 5-7 (4) spaces for indicating whether each applicant has 5-8 been divorced within the last 30 days; 5-9 (5) printed boxes for each applicant to check "true" 5-10 or "false" in response to the following statement: "I am not 5-11 presently married."; 5-12 (6) printed boxes for each applicant to check "true" 5-13 or "false" in response to the following statement: "The other 5-14 applicant is not related to me as: 5-15 (A) an ancestor or descendant, by blood or 5-16 adoption; 5-17 (B) a brother or sister, of the whole or half 5-18 blood or by adoption; 5-19 (C) a parent's brother or sister, of the whole 5-20 or half blood or by adoption; or 5-21 (D) a son or daughter of a brother or sister, of 5-22 the whole or half blood or by adoption."; 5-23 (7) a printed oath reading: "I SOLEMNLY SWEAR (OR 5-24 AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS 5-25 CORRECT."; 5-26 (8) spaces immediately below the printed oath for the 5-27 applicants' signatures; 6-1 (9) a certificate of the county clerk that: 6-2 (A) each applicant made the oath and the date 6-3 and place that it was made; or 6-4 (B) an applicant did not appear personally but 6-5 the prerequisites for the license have been fulfilled as provided 6-6 by this chapter; 6-7 (10) spaces for indicating the date of the marriage 6-8 and the county in which the marriage is performed; and 6-9 (11) a space for the address to which the applicants 6-10 desire the completed license to be mailed. 6-11 Sec. 2.005. Proof of Identity and Age. (a) The county 6-12 clerk shall require proof of the identity and age of each 6-13 applicant. 6-14 (b) The proof must be established by a certified copy of the 6-15 applicant's birth certificate or by some certificate, license, or 6-16 document issued by this state or another state, the United States, 6-17 or a foreign government. 6-18 Sec. 2.006. Absent Applicant. (a) If an applicant is 6-19 unable to appear personally before the county clerk to apply for a 6-20 marriage license, any adult person or the other applicant may apply 6-21 on behalf of the absent applicant. 6-22 (b) The person applying on behalf of an absent applicant 6-23 shall provide to the clerk: 6-24 (1) the affidavit of the absent applicant as provided 6-25 by this subchapter; 6-26 (2) proof of the identity and age of the absent 6-27 applicant as provided by this subchapter; and 7-1 (3) if required because the absent applicant is a 7-2 person under 18 years of age, the documents establishing parental 7-3 consent, documents establishing that a prior marriage has been 7-4 dissolved, or a court order authorizing the marriage of the absent, 7-5 underage applicant. 7-6 Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of 7-7 an absent applicant must include: 7-8 (1) the absent applicant's full name, including the 7-9 maiden surname of a female applicant, address, date of birth, place 7-10 of birth, including city, county, and state, citizenship, and 7-11 social security number, if any; 7-12 (2) a declaration that the absent applicant has not 7-13 been divorced within the last 30 days; 7-14 (3) a declaration that the absent applicant is: 7-15 (A) not presently married; or 7-16 (B) married to the other applicant and they wish 7-17 to marry again; 7-18 (4) a declaration that the other applicant is not 7-19 related to the absent applicant as: 7-20 (A) an ancestor or descendant, by blood or 7-21 adoption; 7-22 (B) a brother or sister, of the whole or half 7-23 blood or by adoption; 7-24 (C) a parent's brother or sister, of the whole 7-25 or half blood or by adoption; or 7-26 (D) a son or daughter of a brother or sister, of 7-27 the whole or half blood or by adoption; 8-1 (5) a declaration that the absent applicant desires to 8-2 marry and the name, age, and address of the person to whom the 8-3 absent applicant desires to be married; 8-4 (6) the approximate date on which the marriage is to 8-5 occur; 8-6 (7) the reason the absent applicant is unable to 8-7 appear personally before the county clerk for the issuance of the 8-8 license; and 8-9 (8) if the absent applicant will be unable to attend 8-10 the ceremony, the appointment of any adult, other than the other 8-11 applicant, to act as proxy for the purpose of participating in the 8-12 ceremony. 8-13 Sec. 2.008. Execution of Application by Clerk. (a) The 8-14 county clerk shall: 8-15 (1) determine that all necessary information, other 8-16 than the date of the marriage ceremony, the county in which the 8-17 ceremony is conducted, and the name of the person who performs the 8-18 ceremony, is recorded on the application and that all necessary 8-19 documents are submitted; 8-20 (2) administer the oath to each applicant appearing 8-21 before the clerk; 8-22 (3) have each applicant appearing before the clerk 8-23 sign the application in the clerk's presence; and 8-24 (4) execute the clerk's certificate on the 8-25 application. 8-26 (b) A person appearing before the clerk on behalf of an 8-27 absent applicant is not required to take the oath on behalf of the 9-1 absent applicant. 9-2 Sec. 2.009. Issuance of License. (a) Except as provided by 9-3 Subsection (b), the county clerk may not issue a license if either 9-4 applicant: 9-5 (1) fails to provide the information required by this 9-6 subchapter; 9-7 (2) fails to submit proof of age and identity; 9-8 (3) is under 14 years of age and has not been granted 9-9 a court order as provided by Section 2.103; 9-10 (4) is 14 years of age or older but under 18 years of 9-11 age and has not presented at least one of the following: 9-12 (A) parental consent as provided by Section 9-13 2.102; 9-14 (B) documents establishing that a prior marriage 9-15 of the applicant has been dissolved; or 9-16 (C) a court order as provided by Section 2.103; 9-17 (5) checks "false" in response to a statement in the 9-18 application, except as provided by Subsection (b), or fails to make 9-19 a required declaration in an affidavit required of an absent 9-20 applicant; or 9-21 (6) indicates that the applicant has been divorced by 9-22 a decree of a court of this state within the last 30 days, unless: 9-23 (A) the applicants were divorced from each 9-24 other; or 9-25 (B) the prohibition against remarriage is waived 9-26 as provided by Section 6.710. 9-27 (b) If an applicant checks "false" in response to the 10-1 statement "I am not presently married," the county clerk shall 10-2 inquire as to whether the applicant is presently married to the 10-3 other applicant. If the applicant states that the applicant is 10-4 currently married to the other applicant, the county clerk shall 10-5 record that statement on the license before the administration of 10-6 the oath. The county clerk may not refuse to issue a license on 10-7 the ground that the applicants are already married to each other. 10-8 (c) On the proper execution of the application, the clerk 10-9 shall: 10-10 (1) prepare the license; 10-11 (2) record on the reverse side of the license the 10-12 names of the licensees, the date that the license is issued, and, 10-13 if applicable, the name of the person appointed to act as proxy for 10-14 an absent applicant, if any; 10-15 (3) record the time at which the license was issued; 10-16 and 10-17 (4) distribute to each applicant printed materials 10-18 about acquired immune deficiency syndrome (AIDS) and human 10-19 immunodeficiency virus (HIV) and note on the license that the 10-20 distribution was made. 10-21 Sec. 2.010. AIDS INFORMATION. Materials providing 10-22 information about acquired immune deficiency syndrome (AIDS) and 10-23 human immunodeficiency virus (HIV) shall be prepared and provided 10-24 to the clerk by the Texas Department of Health and shall be 10-25 designed to inform the applicants about: 10-26 (1) the incidence and mode of transmission of AIDS and 10-27 HIV; 11-1 (2) the local availability of medical procedures, 11-2 including voluntary testing, designed to show or help show whether 11-3 a person has AIDS or HIV infection, antibodies to HIV, or infection 11-4 with any other probable causative agent of AIDS; and 11-5 (3) available and appropriate counseling services 11-6 regarding AIDS and HIV infection. 11-7 Sec. 2.011. RECORDING. The county clerk shall record all 11-8 licenses issued by the clerk and all documents submitted with an 11-9 application for a license or note a summary of the documents on the 11-10 application. 11-11 Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. A county 11-12 clerk or deputy county clerk who violates or fails to comply with 11-13 this subchapter commits an offense. An offense under this section 11-14 is a misdemeanor punishable by a fine of not less than $200 and not 11-15 more than $500. 11-16 (Sections 2.013-2.100 reserved for expansion) 11-17 SUBCHAPTER B. UNDERAGE APPLICANTS 11-18 Sec. 2.101. GENERAL AGE REQUIREMENT. Except as otherwise 11-19 provided by this subchapter or on a showing that a prior marriage 11-20 has been dissolved, a county clerk may not issue a marriage license 11-21 if either applicant is under 18 years of age. 11-22 Sec. 2.102. PARENTAL CONSENT FOR UNDERAGE APPLICANT. (a) 11-23 If an applicant is 14 years of age or older but under 18 years of 11-24 age, the county clerk shall issue the license if parental consent 11-25 is given as provided by this section. 11-26 (b) Parental consent must be evidenced by a written 11-27 declaration on a form supplied by the county clerk in which the 12-1 person consents to the marriage and swears that the person is a 12-2 parent (if there is no judicially designated managing conservator 12-3 or guardian of the applicant's person) or a judicially designated 12-4 managing conservator or guardian (whether an individual, authorized 12-5 agency, or court) of the applicant's person. 12-6 (c) Except as otherwise provided by this section, consent 12-7 must be acknowledged before a county clerk. 12-8 (d) If the person giving parental consent resides in another 12-9 state, the consent may be acknowledged before an officer authorized 12-10 to issue marriage licenses in that state. 12-11 (e) If the person giving parental consent is unable because 12-12 of illness or incapacity to comply with the provisions of 12-13 Subsection (c) or (d), the consent may be acknowledged before any 12-14 officer authorized to take acknowledgments. A consent under this 12-15 subsection must be accompanied by a physician's affidavit stating 12-16 that the person giving parental consent is unable to comply because 12-17 of illness or incapacity. 12-18 (f) Parental consent must be given at the time the 12-19 application for the marriage license is made or not earlier than 12-20 the 30th day preceding the date the application is made. 12-21 Sec. 2.103. COURT ORDER FOR UNDERAGE APPLICANT. (a) A 12-22 minor may petition the court in the minor's own name for an order 12-23 granting permission to marry. In a suit under this section, the 12-24 trial judge may advance the suit if the best interest of the 12-25 applicant would be served by an early hearing. 12-26 (b) The petition must be filed in the county where a parent 12-27 resides if a managing conservator or a guardian of the person has 13-1 not been appointed. If a managing conservator or a guardian of the 13-2 person has been appointed, the petition must be filed in the county 13-3 where the managing conservator or the guardian of the person 13-4 resides. If no person authorized to consent to marriage for the 13-5 minor resides in this state, the petition must be filed in the 13-6 county where the minor lives. 13-7 (c) The petition must include: 13-8 (1) a statement of the reasons the minor desires to 13-9 marry; 13-10 (2) a statement of whether each parent is living or is 13-11 dead; 13-12 (3) the name and residence address of each living 13-13 parent; and 13-14 (4) a statement of whether a managing conservator or a 13-15 guardian of the person has been appointed for the minor. 13-16 (d) Process shall be served as in other civil cases on each 13-17 living parent of the minor or, if a managing conservator or a 13-18 guardian of the person has been appointed, on the managing 13-19 conservator or guardian of the person. Citation may be given by 13-20 publication as in other civil cases, except that notice shall be 13-21 published one time only. 13-22 (e) The court shall appoint a guardian ad litem to represent 13-23 the minor in the proceeding and to speak for or against the 13-24 petition in the manner the guardian ad litem believes to be in the 13-25 best interest of the minor. The court shall specify a fee to be 13-26 paid by the minor for the services of the guardian ad litem. The 13-27 fee shall be collected in the same manner as other costs of the 14-1 proceeding. 14-2 (f) If after a hearing the court, sitting without a jury, 14-3 believes marriage to be in the best interest of the minor, the 14-4 court, by order, shall grant the minor permission to marry. 14-5 (Sections 2.104-2.200 reserved for expansion) 14-6 SUBCHAPTER C. CEREMONY AND RETURN OF LICENSE 14-7 Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony 14-8 has not been conducted before the 31st day after the date the 14-9 license is issued, the marriage license expires. 14-10 Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) 14-11 The following persons are authorized to conduct a marriage 14-12 ceremony: 14-13 (1) a licensed or ordained Christian minister or 14-14 priest; 14-15 (2) a Jewish rabbi; 14-16 (3) a person who is an officer of a religious 14-17 organization and who is authorized by the organization to conduct a 14-18 marriage ceremony; and 14-19 (4) a justice of the supreme court, judge of the court 14-20 of criminal appeals, justice of the courts of appeals, judge of the 14-21 district, county, and probate courts, judge of the county courts at 14-22 law, judge of the courts of domestic relations, judge of the 14-23 juvenile courts, retired justice or judge of those courts, justice 14-24 of the peace, retired justice of the peace, or judge or magistrate 14-25 of a federal court of this state. 14-26 (b) For the purposes of this section, a retired judge or 14-27 justice is a former judge or justice who is vested in the Judicial 15-1 Retirement System of Texas Plan One or the Judicial Retirement 15-2 System of Texas Plan Two or who has an aggregate of at least 12 15-3 years of service as judge or justice of any type listed in 15-4 Subsection (a)(4). 15-5 Sec. 2.203. CEREMONY. (a) On receiving an unexpired 15-6 marriage license, an authorized person may conduct the marriage 15-7 ceremony as provided by this subchapter. 15-8 (b) A person unable to appear for the ceremony may assent to 15-9 marriage by the appearance of a proxy appointed in the affidavit 15-10 authorized by Subchapter A. 15-11 Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a) Except 15-12 as provided by this section, a marriage ceremony may not take place 15-13 during the 72-hour period immediately following the issuance of the 15-14 marriage license. 15-15 (b) The 72-hour waiting period after issuance of a marriage 15-16 license does not apply to an applicant who: 15-17 (1) is a member of the armed forces of the United 15-18 States and on active duty; or 15-19 (2) obtains a written waiver under Subsection (c). 15-20 (c) An applicant may request a judge of a court with 15-21 jurisdiction in family law cases, a justice of the supreme court, a 15-22 judge of the court of criminal appeals, or a judge of a court of 15-23 appeals for a written waiver permitting the marriage ceremony to 15-24 take place during the 72-hour period immediately following the 15-25 issuance of the marriage license. If the judge finds that there is 15-26 good cause for the marriage to take place during the period, the 15-27 judge shall sign the waiver. 16-1 Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE 16-2 PROHIBITED. (a) A person authorized to conduct a marriage 16-3 ceremony by this subchapter is prohibited from discriminating on 16-4 the basis of race, religion, or national origin against an 16-5 applicant who is otherwise competent to be married. 16-6 (b) On a finding by the State Commission on Judicial Conduct 16-7 that a person has intentionally violated Subsection (a), the 16-8 commission may recommend to the supreme court that the person be 16-9 removed from office. 16-10 Sec. 2.206. RETURN OF LICENSE; PENALTY. (a) The person who 16-11 conducts a marriage ceremony shall record on the license the date 16-12 on which and the county in which the ceremony is performed and the 16-13 person's name, subscribe the license, and return the license to the 16-14 county clerk who issued it not later than the 30th day after the 16-15 date the ceremony is conducted. 16-16 (b) A person who fails to comply with this section commits 16-17 an offense. An offense under this section is a misdemeanor 16-18 punishable by a fine of not less than $200 and not more than $500. 16-19 Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; 16-20 PENALTY. (a) A person who is to conduct a marriage ceremony shall 16-21 determine whether the license has expired from the county clerk's 16-22 endorsement on the license. 16-23 (b) A person who conducts a marriage ceremony after the 16-24 marriage license has expired commits an offense. An offense under 16-25 this section is a misdemeanor punishable by a fine of not less than 16-26 $200 and not more than $500. 16-27 Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. (a) The 17-1 county clerk shall record a returned marriage license and mail the 17-2 license to the address indicated on the application. 17-3 (b) On the application form the county clerk shall record: 17-4 (1) the date of the marriage ceremony; 17-5 (2) the county in which the ceremony was conducted; 17-6 and 17-7 (3) the name of the person who conducted the ceremony. 17-8 Sec. 2.209. DUPLICATE LICENSE. (a) On the application and 17-9 proof of identity of a person whose marriage is recorded in the 17-10 records of the county clerk, the county clerk shall issue a 17-11 duplicate marriage license completed with information as contained 17-12 in the records. 17-13 (b) On the application and proof of identity of both persons 17-14 to whom a marriage license was issued but not recorded as required 17-15 by Section 2.208, the county clerk shall issue a duplicate license 17-16 if each person applying submits to the clerk an affidavit stating: 17-17 (1) that the persons to whom the original license was 17-18 issued were married to each other before the expiration date of the 17-19 original license by a person authorized to conduct a marriage 17-20 ceremony; 17-21 (2) the name of the person who conducted the ceremony; 17-22 and 17-23 (3) the date of the ceremony. 17-24 (Sections 2.210-2.300 reserved for expansion) 17-25 SUBCHAPTER D. VALIDITY OF MARRIAGE 17-26 Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING 17-27 LICENSE. Except as otherwise provided by this chapter, the 18-1 validity of a marriage is not affected by any fraud, mistake, or 18-2 illegality that occurred in obtaining the marriage license. 18-3 Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The 18-4 validity of a marriage is not affected by the lack of authority of 18-5 the person conducting the marriage ceremony if: 18-6 (1) there was a reasonable appearance of authority by 18-7 that person; and 18-8 (2) at least one party to the marriage participated in 18-9 the ceremony in good faith and that party treats the marriage as 18-10 valid. 18-11 (Sections 2.303-2.400 reserved for expansion) 18-12 SUBCHAPTER E. MARRIAGE WITHOUT FORMALITIES 18-13 Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial, 18-14 administrative, or other proceeding, the marriage of a man and 18-15 woman may be proved by evidence that: 18-16 (1) a declaration of their marriage has been signed as 18-17 provided by this subchapter; or 18-18 (2) the man and woman agreed to be married and after 18-19 the agreement they lived together in this state as husband and wife 18-20 and there represented to others that they were married. 18-21 (b) If a proceeding in which a marriage is to be proved as 18-22 provided by Subsection (a)(2) is not commenced before the second 18-23 anniversary of the date on which the parties separated and ceased 18-24 living together, it is rebuttably presumed that the parties did not 18-25 enter into an agreement to be married. 18-26 Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL 18-27 MARRIAGE. (a) A declaration of informal marriage must be signed 19-1 on a form prescribed by the bureau of vital statistics and provided 19-2 by the county clerk. Each party to the declaration shall provide 19-3 the information required in the form. 19-4 (b) The declaration form must contain: 19-5 (1) a heading entitled "Declaration and Registration 19-6 of Informal Marriage, ___________ County, Texas"; 19-7 (2) spaces for each party's full name, including the 19-8 woman's maiden surname, address, date of birth, place of birth, 19-9 including city, county, and state, and social security number, if 19-10 any; 19-11 (3) a space for indicating the type of document 19-12 tendered by each party as proof of age and identity; 19-13 (4) printed boxes for each party to check "true" or 19-14 "false" in response to the following statement: "The other party is 19-15 not related to me as: 19-16 (A) an ancestor or descendant, by blood or 19-17 adoption; 19-18 (B) a brother or sister, of the whole or half 19-19 blood or by adoption; 19-20 (C) a parent's brother or sister, of the whole 19-21 or half blood or by adoption; or 19-22 (D) a son or daughter of a brother or sister, of 19-23 the whole or half blood or by adoption."; 19-24 (5) a printed declaration and oath reading: "I 19-25 SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO 19-26 EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE 19-27 AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS 20-1 HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE 20-2 WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE 20-3 NOT BEEN MARRIED TO ANY OTHER PERSON. THIS DECLARATION IS TRUE AND 20-4 THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT."; 20-5 (6) spaces immediately below the printed declaration 20-6 and oath for the parties' signatures; and 20-7 (7) a certificate of the county clerk that the parties 20-8 made the declaration and oath and the place and date it was made. 20-9 (c) If either party is underage at the time of filing a 20-10 declaration, the declaration must have attached an acknowledged 20-11 consent signed by a parent of each underage person. 20-12 Sec. 2.403. PROOF OF IDENTITY AND AGE. The county clerk 20-13 shall require proof of the identity and age of each party to the 20-14 declaration of informal marriage to be established by a certified 20-15 copy of the party's birth certificate or by some certificate, 20-16 license, or document issued by this state or another state, the 20-17 United States, or a foreign government. 20-18 Sec. 2.404. RECORDING OF DECLARATION OF INFORMAL MARRIAGE. 20-19 (a) The county clerk shall: 20-20 (1) determine that all necessary information is 20-21 recorded on the declaration of informal marriage form and that all 20-22 necessary documents are submitted to the clerk; 20-23 (2) administer the oath to each party to the 20-24 declaration; 20-25 (3) have each party sign the declaration in the 20-26 clerk's presence; and 20-27 (4) execute the clerk's certificate to the 21-1 declaration. 21-2 (b) The county clerk may not certify or record the 21-3 declaration if: 21-4 (1) either party fails to supply any information or 21-5 provide any document required by this subchapter; 21-6 (2) either party is under 16 years of age and waiver 21-7 of the age requirement has not been ordered; or 21-8 (3) either party checks "false" in response to the 21-9 statement of relationship to the other party. 21-10 (c) On execution of the declaration, the county clerk shall 21-11 record the declaration and all documents submitted with the 21-12 declaration or note a summary of them on the declaration form, 21-13 deliver the original of the declaration to the parties, and send a 21-14 copy to the bureau of vital statistics. 21-15 (d) A declaration recorded as provided in this section is 21-16 prima facie evidence of the marriage of the parties. 21-17 (e) At the time the parties sign the declaration, the clerk 21-18 shall distribute to each party printed materials about acquired 21-19 immune deficiency syndrome (AIDS) and human immunodeficiency virus 21-20 (HIV). The clerk shall note on the declaration that the 21-21 distribution was made. The materials shall be prepared and 21-22 provided to the clerk by the Texas Department of Health and shall 21-23 be designed to inform the parties about: 21-24 (1) the incidence and mode of transmission of AIDS and 21-25 HIV; 21-26 (2) the local availability of medical procedures, 21-27 including voluntary testing, designed to show or help show whether 22-1 a person has AIDS or HIV infection, antibodies to HIV, or infection 22-2 with any other probable causative agent of AIDS; and 22-3 (3) available and appropriate counseling services 22-4 regarding AIDS and HIV infection. 22-5 Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. A county 22-6 clerk or deputy county clerk who violates this subchapter commits 22-7 an offense. An offense under this section is a misdemeanor 22-8 punishable by a fine of not less than $200 and not more than $500. 22-9 (Sections 2.406-2.500 reserved for expansion) 22-10 SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES 22-11 Sec. 2.501. DUTY TO SUPPORT. (a) Each spouse has the duty 22-12 to support the other spouse. 22-13 (b) A spouse who fails to discharge the duty of support is 22-14 liable to any person who provides necessaries to the spouse to whom 22-15 support is owed. 22-16 SUBTITLE B. PROPERTY RIGHTS AND LIABILITIES 22-17 CHAPTER 3. MARITAL PROPERTY RIGHTS AND LIABILITIES 22-18 SUBCHAPTER A. GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY 22-19 Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property 22-20 consists of: 22-21 (1) the property owned or claimed by the spouse before 22-22 marriage; 22-23 (2) the property acquired by the spouse during 22-24 marriage by gift, devise, or descent; and 22-25 (3) the recovery for personal injuries sustained by 22-26 the spouse during marriage, except any recovery for loss of earning 22-27 capacity during marriage. 23-1 Sec. 3.002. COMMUNITY PROPERTY. Community property consists 23-2 of the property, other than separate property, acquired by either 23-3 spouse during marriage. 23-4 Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) 23-5 Property possessed by either spouse during or on dissolution of 23-6 marriage is presumed to be community property. 23-7 (b) The degree of proof necessary to establish that property 23-8 is separate property is clear and convincing evidence. 23-9 Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. (a) A 23-10 subscribed and acknowledged schedule of a spouse's separate 23-11 property may be recorded in the deed records of the county in which 23-12 the parties, or one of them, reside and in the county or counties 23-13 in which the real property is located. 23-14 (b) A schedule of a spouse's separate real property is not 23-15 constructive notice to a good faith purchaser for value or a 23-16 creditor without actual notice unless the instrument is 23-17 acknowledged and recorded in the deed records of the county in 23-18 which the real property is located. 23-19 Sec. 3.005. GIFTS BETWEEN SPOUSES. If one spouse makes a 23-20 gift of property to the other spouse, the gift is presumed to 23-21 include all the income and property that may arise from that 23-22 property. 23-23 (Sections 3.006-3.100 reserved for expansion) 23-24 SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF 23-25 MARITAL PROPERTY 23-26 Sec. 3.101. MANAGING SEPARATE PROPERTY. Each spouse has the 23-27 sole management, control, and disposition of that spouse's separate 24-1 property. 24-2 Sec. 3.102. MANAGING COMMUNITY PROPERTY. (a) During 24-3 marriage, each spouse has the sole management, control, and 24-4 disposition of the community property that the spouse would have 24-5 owned if single, including: 24-6 (1) personal earnings; 24-7 (2) revenue from separate property; 24-8 (3) recoveries for personal injuries; and 24-9 (4) the increase and mutations of, and the revenue 24-10 from, all property subject to the spouse's sole management, 24-11 control, and disposition. 24-12 (b) If community property subject to the sole management, 24-13 control, and disposition of one spouse is mixed or combined with 24-14 community property subject to the sole management, control, and 24-15 disposition of the other spouse, then the mixed or combined 24-16 community property is subject to the joint management, control, and 24-17 disposition of the spouses, unless the spouses provide otherwise by 24-18 power of attorney in writing or other agreement. 24-19 (c) Except as provided by Subsection (a), community property 24-20 is subject to the joint management, control, and disposition of the 24-21 spouses unless the spouses provide otherwise by power of attorney 24-22 in writing or other agreement. 24-23 Sec. 3.103. MANAGING EARNINGS OF MINOR. During the marriage 24-24 of the parents of an unemancipated minor for whom a managing 24-25 conservator has not been appointed, the earnings of the minor are 24-26 subject to the joint management, control, and disposition of the 24-27 parents of the minor, unless otherwise provided by agreement of the 25-1 parents or by judicial order. 25-2 Sec. 3.104. PROTECTION OF THIRD PERSONS. (a) During 25-3 marriage, property is presumed to be subject to the sole 25-4 management, control, and disposition of a spouse if it is held in 25-5 that spouse's name, as shown by muniment, contract, deposit of 25-6 funds, or other evidence of ownership, or if it is in that spouse's 25-7 possession and is not subject to such evidence of ownership. 25-8 (b) A third person dealing with a spouse is entitled to 25-9 rely, as against the other spouse or anyone claiming from that 25-10 spouse, on that spouse's authority to deal with the property if: 25-11 (1) the property is presumed to be subject to the sole 25-12 management, control, and disposition of the spouse; and 25-13 (2) the person dealing with the spouse: 25-14 (A) is not a party to a fraud on the other 25-15 spouse or another person; and 25-16 (B) does not have actual or constructive notice 25-17 of the spouse's lack of authority. 25-18 (Sections 3.105-3.200 reserved for expansion) 25-19 SUBCHAPTER C. MARITAL PROPERTY LIABILITIES 25-20 Sec. 3.201. SPOUSAL LIABILITY. (a) A person is personally 25-21 liable for the acts of the person's spouse only if: 25-22 (1) the spouse acts as an agent for the person; or 25-23 (2) the spouse incurs a debt for necessaries as 25-24 provided by Subchapter F, Chapter 2. 25-25 (b) Except as provided by this subchapter, community 25-26 property is not subject to a liability that arises from an act of a 25-27 spouse. 26-1 (c) A spouse does not act as an agent for the other spouse 26-2 solely because of the marriage relationship. 26-3 Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A 26-4 spouse's separate property is not subject to liabilities of the 26-5 other spouse unless both spouses are liable by other rules of law. 26-6 (b) Unless both spouses are personally liable as provided by 26-7 this subchapter, the community property subject to a spouse's sole 26-8 management, control, and disposition is not subject to: 26-9 (1) any liabilities that the other spouse incurred 26-10 before marriage; or 26-11 (2) any nontortious liabilities that the other spouse 26-12 incurs during marriage. 26-13 (c) The community property subject to a spouse's sole or 26-14 joint management, control, and disposition is subject to the 26-15 liabilities incurred by the spouse before or during marriage. 26-16 (d) All community property is subject to tortious liability 26-17 of either spouse incurred during marriage. 26-18 Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION. 26-19 (a) A judge may determine, as deemed just and equitable, the order 26-20 in which particular separate or community property is subject to 26-21 execution and sale to satisfy a judgment, if the property subject 26-22 to liability for a judgment includes any combination of: 26-23 (1) a spouse's separate property; 26-24 (2) community property subject to a spouse's sole 26-25 management, control, and disposition; 26-26 (3) community property subject to the other spouse's 26-27 sole management, control, and disposition; and 27-1 (4) community property subject to the spouses' joint 27-2 management, control, and disposition. 27-3 (b) In determining the order in which particular property is 27-4 subject to execution and sale, the judge shall consider the facts 27-5 surrounding the transaction or occurrence on which the suit is 27-6 based. 27-7 (Sections 3.204-3.300 reserved for expansion) 27-8 SUBCHAPTER D. MANAGEMENT, CONTROL, AND DISPOSITION OF 27-9 MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES 27-10 Sec. 3.301. INCAPACITATED, MISSING, ABANDONED, OR SEPARATED 27-11 SPOUSE. (a) A spouse may file a sworn petition stating the facts 27-12 that make it desirable for the petitioning spouse to manage, 27-13 control, and dispose of community property described or defined in 27-14 the petition that would otherwise be subject to the sole or joint 27-15 management, control, and disposition of the other spouse if: 27-16 (1) because of physical or mental incapacity, the 27-17 other spouse is unable to manage, control, or dispose of the 27-18 community property subject to that spouse's sole or joint 27-19 management, control, and disposition; 27-20 (2) the other spouse has disappeared and that spouse's 27-21 location remains unknown to the petitioning spouse, unless the 27-22 spouse is reported to be a prisoner of war or missing on public 27-23 service; 27-24 (3) the other spouse has permanently abandoned the 27-25 petitioning spouse; or 27-26 (4) the spouses are permanently separated. 27-27 (b) The petition may be filed in a court in the county in 28-1 which the petitioner resided at the time the incapacity or 28-2 separation began, or the abandonment or disappearance occurred, not 28-3 earlier than the 60th day after the date of the occurrence of the 28-4 event. If both spouses are nonresidents of this state at the time 28-5 the petition is filed, the petition may be filed in a court in a 28-6 county in which any part of the described or defined community 28-7 property is located. 28-8 Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE. (a) If a 28-9 spouse is reported by an executive department of the United States 28-10 to be a prisoner of war or missing on the public service of the 28-11 United States, the spouse of the prisoner of war or missing person 28-12 may file a sworn petition stating the facts that make it desirable 28-13 for the petitioner to manage, control, and dispose of the community 28-14 property described or defined in the petition that would otherwise 28-15 be subject to the sole or joint management, control, and 28-16 disposition of the imprisoned or missing spouse. 28-17 (b) The petition may be filed in a court in the county in 28-18 which the petitioner resided at the time the report was made not 28-19 earlier than six months after the date of the notice that a spouse 28-20 is reported to be a prisoner of war or missing on public service. 28-21 If both spouses were nonresidents of this state at the time the 28-22 report was made, the petition shall be filed in a court in a county 28-23 in which any part of the described or defined property is located. 28-24 Sec. 3.303. APPOINTMENT OF ATTORNEY. (a) Except as 28-25 provided by Subsection (b), the court may appoint an attorney in a 28-26 suit filed under this subchapter for the respondent. 28-27 (b) The court shall appoint an attorney in a suit filed 29-1 under this subchapter for a respondent reported to be a prisoner of 29-2 war or missing on public service. 29-3 (c) The court shall allow a reasonable fee for an appointed 29-4 attorney's services as a part of the costs of the suit. 29-5 Sec. 3.304. NOTICE OF HEARING; CITATION. (a) Notice of the 29-6 hearing, accompanied by a copy of the petition, shall be issued and 29-7 served on the attorney representing the respondent, if an attorney 29-8 has been appointed. 29-9 (b) If an attorney has not been appointed for the 29-10 respondent, citation shall be issued and served on the respondent 29-11 as in other civil cases. 29-12 Sec. 3.305. CITATION BY PUBLICATION. (a) If the residence 29-13 of the respondent, other than a respondent reported to be a 29-14 prisoner of war or missing on public service, is unknown, citation 29-15 shall be published in a newspaper of general circulation published 29-16 in the county in which the petition was filed. If that county has 29-17 no newspaper of general circulation, citation shall be published in 29-18 a newspaper of general circulation in an adjacent county or in the 29-19 nearest county in which a newspaper of general circulation is 29-20 published. 29-21 (b) The notice shall be published once a week for two 29-22 consecutive weeks before the hearing, but the first notice may not 29-23 be published after the 20th day before the date set for the 29-24 hearing. 29-25 Sec. 3.306. COURT ORDER FOR MANAGEMENT, CONTROL, AND 29-26 DISPOSITION OF COMMUNITY PROPERTY. (a) After hearing the evidence 29-27 in a suit under this subchapter, the court, on terms the court 30-1 considers just and equitable, shall render an order describing or 30-2 defining the community property at issue that will be subject to 30-3 the management, control, and disposition of each spouse during 30-4 marriage. 30-5 (b) The court may: 30-6 (1) impose any condition and restriction the court 30-7 deems necessary to protect the rights of the respondent; 30-8 (2) require a bond conditioned on the faithful 30-9 administration of the property; and 30-10 (3) require payment to the registry of the court of 30-11 all or a portion of the proceeds of the sale of the property, to be 30-12 disbursed in accordance with the court's further directions. 30-13 Sec. 3.307. CONTINUING JURISDICTION OF COURT; VACATING 30-14 ORIGINAL ORDER. (a) The court has continuing jurisdiction over 30-15 the court's order rendered under this subchapter. 30-16 (b) On the motion of either spouse, the court shall amend or 30-17 vacate the original order after notice and hearing if: 30-18 (1) the incapacitated spouse's capacity is restored; 30-19 (2) the spouse who disappeared reappears; 30-20 (3) the abandonment or permanent separation ends; or 30-21 (4) the spouse who was reported to be a prisoner of 30-22 war or missing on public service returns. 30-23 Sec. 3.308. RECORDING ORDER TO AFFECT REAL PROPERTY. An 30-24 order authorized by this subchapter affecting real property is not 30-25 constructive notice to a good faith purchaser for value or to a 30-26 creditor without actual notice unless the order is recorded in the 30-27 deed records of the county in which the real property is located. 31-1 Sec. 3.309. REMEDIES CUMULATIVE. The remedies provided in 31-2 this subchapter are cumulative of other rights, powers, and 31-3 remedies afforded spouses by law. 31-4 CHAPTER 4. PREMARITAL AND MARITAL PROPERTY AGREEMENTS 31-5 Sec. 4.001. DEFINITIONS. In this subchapter: 31-6 (1) "Premarital agreement" means an agreement between 31-7 prospective spouses made in contemplation of marriage and to be 31-8 effective on marriage. 31-9 (2) "Property" means an interest, present or future, 31-10 legal or equitable, vested or contingent, in real or personal 31-11 property, including income and earnings. 31-12 Sec. 4.002. Formalities. A premarital agreement must be in 31-13 writing and signed by both parties. The agreement is enforceable 31-14 without consideration. 31-15 Sec. 4.003. Content. (a) The parties to a premarital 31-16 agreement may contract with respect to: 31-17 (1) the rights and obligations of each of the parties 31-18 in any of the property of either or both of them whenever and 31-19 wherever acquired or located; 31-20 (2) the right to buy, sell, use, transfer, exchange, 31-21 abandon, lease, consume, expend, assign, create a security interest 31-22 in, mortgage, encumber, dispose of, or otherwise manage and control 31-23 property; 31-24 (3) the disposition of property on separation, marital 31-25 dissolution, death, or the occurrence or nonoccurrence of any other 31-26 event; 32-1 (4) the modification or elimination of spousal 32-2 support; 32-3 (5) the making of a will, trust, or other arrangement 32-4 to carry out the provisions of the agreement; 32-5 (6) the ownership rights in and disposition of the 32-6 death benefit from a life insurance policy; 32-7 (7) the choice of law governing the construction of 32-8 the agreement; and 32-9 (8) any other matter, including their personal rights 32-10 and obligations, not in violation of public policy or a statute 32-11 imposing a criminal penalty. 32-12 (b) The right of a child to support may not be adversely 32-13 affected by a premarital agreement. 32-14 Sec. 4.004. Effect of Marriage. A premarital agreement 32-15 becomes effective on marriage. 32-16 Sec. 4.005. Amendment Or Revocation. After marriage, a 32-17 premarital agreement may be amended or revoked only by a written 32-18 agreement signed by the parties. The amended agreement or the 32-19 revocation is enforceable without consideration. 32-20 Sec. 4.006. Enforcement. (a) A premarital agreement is not 32-21 enforceable if the party against whom enforcement is requested 32-22 proves that: 32-23 (1) the party did not sign the agreement voluntarily; 32-24 or 32-25 (2) the agreement was unconscionable when it was 32-26 signed and, before signing the agreement, that party: 32-27 (A) was not provided a fair and reasonable 33-1 disclosure of the property or financial obligations of the other 33-2 party; 33-3 (B) did not voluntarily and expressly waive, in 33-4 writing, any right to disclosure of the property or financial 33-5 obligations of the other party beyond the disclosure provided; and 33-6 (C) did not have, or reasonably could not have 33-7 had, adequate knowledge of the property or financial obligations of 33-8 the other party. 33-9 (b) An issue of unconscionability of a premarital agreement 33-10 shall be decided by the court as a matter of law. 33-11 (c) The remedies and defenses in this section are the 33-12 exclusive remedies or defenses, including common law remedies or 33-13 defenses. 33-14 Sec. 4.007. Enforcement: Void Marriage. If a marriage is 33-15 determined to be void, an agreement that would otherwise have been 33-16 a premarital agreement is enforceable only to the extent necessary 33-17 to avoid an inequitable result. 33-18 Sec. 4.008. Limitation of Actions. A statute of limitations 33-19 applicable to an action asserting a claim for relief under a 33-20 premarital agreement is tolled during the marriage of the parties 33-21 to the agreement. However, equitable defenses limiting the time 33-22 for enforcement, including laches and estoppel, are available to 33-23 either party. 33-24 Sec. 4.009. Application and Construction. This subchapter 33-25 shall be applied and construed to effect its general purpose to 33-26 make uniform the law with respect to the subject of this subchapter 33-27 among states enacting these provisions. 34-1 Sec. 4.010. Short Title. This subchapter may be cited as 34-2 the Uniform Premarital Agreement Act. 34-3 (Sections 4.011-4.100 reserved for expansion) 34-4 SUBCHAPTER B. MARITAL PROPERTY AGREEMENT 34-5 Sec. 4.101. DEFINITION. In this subchapter, "property" has 34-6 the meaning assigned by Section 4.001. 34-7 Sec. 4.102. Partition or Exchange of Community Property. At 34-8 any time, the spouses may partition or exchange between themselves 34-9 any part of their community property, then existing or to be 34-10 acquired, as the spouses may desire. Property or a property 34-11 interest transferred to a spouse by a partition or exchange 34-12 agreement becomes that spouse's separate property. 34-13 Sec. 4.103. Agreement Between Spouses Concerning Income or 34-14 Property From Separate Property. At any time, the spouses may 34-15 agree that the income or property arising from the separate 34-16 property that is then owned by one of them, or that may thereafter 34-17 be acquired, shall be the separate property of the owner. 34-18 Sec. 4.104. Formalities. A partition or exchange agreement 34-19 must be in writing and signed by both parties. 34-20 Sec. 4.105. Enforcement. (a) A partition or exchange 34-21 agreement is not enforceable if the party against whom enforcement 34-22 is requested proves that: 34-23 (1) the party did not sign the agreement voluntarily; 34-24 or 34-25 (2) the agreement was unconscionable when it was 34-26 signed and, before execution of the agreement, that party: 34-27 (A) was not provided a fair and reasonable 35-1 disclosure of the property or financial obligations of the other 35-2 party; 35-3 (B) did not voluntarily and expressly waive, in 35-4 writing, any right to disclosure of the property or financial 35-5 obligations of the other party beyond the disclosure provided; and 35-6 (C) did not have, or reasonably could not have 35-7 had, adequate knowledge of the property or financial obligations of 35-8 the other party. 35-9 (b) An issue of unconscionability of a partition or exchange 35-10 agreement shall be decided by the court as a matter of law. 35-11 (c) The remedies and defenses in this section are the 35-12 exclusive remedies or defenses, including common law remedies or 35-13 defenses. 35-14 Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER 35-15 PARTITION OR EXCHANGE AGREEMENT. (a) A provision of a partition 35-16 or exchange agreement made under this subchapter is void with 35-17 respect to the rights of a preexisting creditor whose rights are 35-18 intended to be defrauded by it. 35-19 (b) A partition or exchange agreement made under this 35-20 subchapter may be recorded in the deed records of the county in 35-21 which a party resides and in the county in which the real property 35-22 affected is located. An agreement made under this subchapter is 35-23 constructive notice to a good faith purchaser for value or a 35-24 creditor without actual notice only if the instrument is 35-25 acknowledged and recorded in the county in which the real property 35-26 is located. 35-27 CHAPTER 5. HOMESTEAD RIGHTS 36-1 SUBCHAPTER A. SALE OF HOMESTEAD; GENERAL RULE 36-2 Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD. 36-3 Whether the homestead is the separate property of either spouse or 36-4 community property, neither spouse may sell, convey, or encumber 36-5 the homestead without the joinder of the other spouse except as 36-6 provided in this chapter or by other rules of law. 36-7 Sec. 5.002. SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE. If 36-8 the homestead is the separate property of a spouse and the other 36-9 spouse has been judicially declared incapacitated, the owner may 36-10 sell, convey, or encumber the homestead without the joinder of the 36-11 other spouse. 36-12 (Sections 5.003-5.100 reserved for expansion) 36-13 SUBCHAPTER B. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES 36-14 Sec. 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL 36-15 CIRCUMSTANCES. If the homestead is the separate property of a 36-16 spouse, that spouse may file a sworn petition that gives a 36-17 description of the property, states the facts that make it 36-18 desirable for the spouse to sell, convey, or encumber the homestead 36-19 without the joinder of the other spouse, and alleges that the other 36-20 spouse: 36-21 (1) is incapacitated, whether judicially declared 36-22 incapacitated or not; 36-23 (2) has disappeared and that the location of the 36-24 spouse remains unknown to the petitioning spouse; 36-25 (3) has permanently abandoned the homestead and the 36-26 petitioning spouse; 36-27 (4) has permanently abandoned the homestead and the 37-1 spouses are permanently separated; or 37-2 (5) has been reported by an executive department of 37-3 the United States to be a prisoner of war or missing on public 37-4 service of the United States. 37-5 Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL 37-6 CIRCUMSTANCES. If the homestead is the community property of the 37-7 spouses, one spouse may file a sworn petition that gives a 37-8 description of the property, states the facts that make it 37-9 desirable for the petitioning spouse to sell, convey, or encumber 37-10 the homestead without the joinder of the other spouse, and alleges 37-11 that the other spouse: 37-12 (1) is incapacitated, whether judicially declared 37-13 incapacitated or not; 37-14 (2) has disappeared and that the location of the 37-15 spouse remains unknown to the petitioning spouse; 37-16 (3) has permanently abandoned the homestead and the 37-17 petitioning spouse; 37-18 (4) has permanently abandoned the homestead and the 37-19 spouses are permanently separated; or 37-20 (5) has been reported by an executive department of 37-21 the United States to be a prisoner of war or missing on public 37-22 service of the United States. 37-23 Sec. 5.103. TIME FOR FILING PETITION. The petitioning 37-24 spouse may file the petition in a court of the county in which any 37-25 portion of the property is located not earlier than the 60th day 37-26 after the date of the occurrence of an event described by Sections 37-27 5.101(1)-(4) and 5.102(1)-(4) or not less than six months after the 38-1 date the other spouse has been reported to be a prisoner of war or 38-2 missing on public service. 38-3 Sec. 5.104. APPOINTMENT OF ATTORNEY. (a) Except as 38-4 provided by Subsection (b), the court may appoint an attorney in a 38-5 suit filed under this subchapter for the respondent. 38-6 (b) The court shall appoint an attorney in a suit filed 38-7 under this subchapter for a respondent reported to be a prisoner of 38-8 war or missing on public service. 38-9 (c) The court shall allow a reasonable fee for the appointed 38-10 attorney's services as a part of the costs of the suit. 38-11 Sec. 5.105. CITATION; NOTICE OF HEARING. Citation and 38-12 notice of hearing for a suit filed as provided by this subchapter 38-13 shall be issued and served in the manner provided in Subchapter D, 38-14 Chapter 3. 38-15 Sec. 5.106. COURT ORDER. (a) After notice and hearing, the 38-16 court shall render an order the court deems just and equitable with 38-17 respect to the sale, conveyance, or encumbrance of a separate 38-18 property homestead. 38-19 (b) After hearing the evidence, the court, on terms the 38-20 court deems just and equitable, shall render an order describing or 38-21 defining the community property at issue that will be subject to 38-22 the management, control, and disposition of each spouse during 38-23 marriage. 38-24 (c) The court may: 38-25 (1) impose any conditions and restrictions the court 38-26 deems necessary to protect the rights of the respondent; 38-27 (2) require a bond conditioned on the faithful 39-1 administration of the property; and 39-2 (3) require payment to the registry of the court of 39-3 all or a portion of the proceeds of the sale of the property to be 39-4 disbursed in accordance with the court's further directions. 39-5 Sec. 5.107. SALE OF COMMUNITY HOMESTEAD FOR SPOUSE 39-6 JUDICIALLY DECLARED INCAPACITATED. If the homestead is the 39-7 community property of the spouses and one spouse has been 39-8 judicially declared incapacitated, the competent spouse may sell, 39-9 convey, or encumber the homestead without the joinder of the other 39-10 spouse. 39-11 Sec. 5.108. REMEDIES AND POWERS CUMULATIVE. The remedies 39-12 and the powers of a spouse provided by this subchapter are 39-13 cumulative of the other rights, powers, and remedies afforded the 39-14 spouses by law. 39-15 SUBTITLE C. DISSOLUTION OF MARRIAGE 39-16 CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE 39-17 SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES 39-18 Sec. 6.001. INSUPPORTABILITY. On the petition of either 39-19 party to a marriage, the court may grant a divorce without regard 39-20 to fault if the marriage has become insupportable because of 39-21 discord or conflict of personalities that destroys the legitimate 39-22 ends of the marital relationship and prevents any reasonable 39-23 expectation of reconciliation. 39-24 Sec. 6.002. CRUELTY. The court may grant a divorce in favor 39-25 of one spouse if the other spouse is guilty of cruel treatment 39-26 toward the complaining spouse of a nature that renders further 39-27 living together insupportable. 40-1 Sec. 6.003. ADULTERY. The court may grant a divorce in 40-2 favor of one spouse if the other spouse has committed adultery. 40-3 Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant 40-4 a divorce in favor of one spouse if during the marriage the other 40-5 spouse: 40-6 (1) has been convicted of a felony; 40-7 (2) has been imprisoned for at least one year in the 40-8 state penitentiary, a federal penitentiary, or the penitentiary of 40-9 another state; and 40-10 (3) has not been pardoned. 40-11 (b) The court may not grant a divorce under this section 40-12 against a spouse who was convicted on the testimony of the other 40-13 spouse. 40-14 Sec. 6.005. ABANDONMENT. The court may grant a divorce in 40-15 favor of one spouse if the other spouse: 40-16 (1) left the complaining spouse with the intention of 40-17 abandonment; and 40-18 (2) remained away for at least one year. 40-19 Sec. 6.006. LIVING APART. The court may grant a divorce in 40-20 favor of either spouse if the spouses have lived apart without 40-21 cohabitation for at least three years. 40-22 Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL. The court may 40-23 grant a divorce in favor of one spouse if at the time the suit is 40-24 filed: 40-25 (1) the other spouse has been confined in a state 40-26 mental or private hospital, as defined in Section 571.003, Health 40-27 and Safety Code, in this state or another state for at least three 41-1 years; and 41-2 (2) it appears that the hospitalized spouse's mental 41-3 disorder is of such a degree and nature that adjustment is unlikely 41-4 or that, if adjustment occurs, a relapse is probable. 41-5 Sec. 6.008. DEFENSES. (a) The defenses to a suit for 41-6 divorce of recrimination and adultery are abolished. 41-7 (b) Condonation is a defense to a suit for divorce only if 41-8 the court finds that there is a reasonable expectation of 41-9 reconciliation. 41-10 (Sections 6.009-6.100 reserved for expansion) 41-11 SUBCHAPTER B. GROUNDS FOR ANNULMENT 41-12 Sec. 6.101. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14. 41-13 (a) The court may grant an annulment of a licensed or informal 41-14 marriage of a person under 14 years of age unless a court order has 41-15 been obtained as provided in Subchapter B, Chapter 2. 41-16 (b) A petition for annulment under this section may be filed 41-17 by a next friend for the benefit of a person under 14 years of age 41-18 or on the petition of the parent or the judicially designated 41-19 managing conservator or guardian, whether an individual, authorized 41-20 agency, or court, of the person. 41-21 (c) A suit by a parent, managing conservator, or guardian of 41-22 the person may be brought at any time before the person is 14 years 41-23 of age. 41-24 (d) A suit under this section to annul the marriage of a 41-25 person 14 years of age or older that was entered into before the 41-26 person was 14 years of age is barred unless the suit is filed 41-27 within the later of: 42-1 (1) 90 days after the date the petitioner knew or 42-2 should have known of the marriage; or 42-3 (2) 90 days after the date of the 14th birthday of the 42-4 underage party. 42-5 Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18. 42-6 (a) The court may grant an annulment of a licensed or informal 42-7 marriage of a person 14 years of age or older but under 18 years of 42-8 age that occurred without parental consent or without a court order 42-9 as provided by Subchapters B and E, Chapter 2. 42-10 (b) A petition for annulment under this section may be filed 42-11 by: 42-12 (1) a next friend for the benefit of the underage 42-13 party; 42-14 (2) a parent; or 42-15 (3) the judicially designated managing conservator or 42-16 guardian of the person of the underage party, whether an 42-17 individual, authorized agency, or court. 42-18 (c) A suit filed under this subsection by a next friend is 42-19 barred unless it is filed within 90 days after the date of the 42-20 marriage. 42-21 Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit 42-22 to annul a marriage may not be filed under Section 6.101 or 6.102 42-23 by a parent, managing conservator, or guardian of a person after 42-24 the 18th birthday of the person. 42-25 Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE. 42-26 (a) An annulment under Section 6.101 or 6.102 of a marriage may be 42-27 granted at the discretion of the court sitting without a jury. 43-1 (b) In exercising its discretion, the court shall consider 43-2 the pertinent facts concerning the welfare of the parties to the 43-3 marriage, including whether the female is pregnant. 43-4 Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. The 43-5 court may grant an annulment of a marriage to a party to the 43-6 marriage if: 43-7 (1) at the time of the marriage the petitioner was 43-8 under the influence of alcoholic beverages or narcotics and as a 43-9 result did not have the capacity to consent to the marriage; and 43-10 (2) the petitioner has not voluntarily cohabited with 43-11 the other party to the marriage since the effects of the alcoholic 43-12 beverages or narcotics ended. 43-13 Sec. 6.106. IMPOTENCY. The court may grant an annulment of 43-14 a marriage to a party to the marriage if: 43-15 (1) either party, for physical or mental reasons, was 43-16 permanently impotent at the time of the marriage; 43-17 (2) the petitioner did not know of the impotency at 43-18 the time of the marriage; and 43-19 (3) the petitioner has not voluntarily cohabited with 43-20 the other party since learning of the impotency. 43-21 Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant an 43-22 annulment of a marriage to a party to the marriage if: 43-23 (1) the other party used fraud, duress, or force to 43-24 induce the petitioner to enter into the marriage; and 43-25 (2) the petitioner has not voluntarily cohabited with 43-26 the other party since learning of the fraud or since being released 43-27 from the duress or force. 44-1 Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an 44-2 annulment of a marriage to a party to the marriage on the suit of 44-3 the party or the party's guardian or next friend, if the court 44-4 finds it to be in the party's best interest to be represented by a 44-5 guardian or next friend, if: 44-6 (1) at the time of the marriage the petitioner did not 44-7 have the mental capacity to consent to marriage or to understand 44-8 the nature of the marriage ceremony because of a mental disease or 44-9 defect; and 44-10 (2) since the marriage ceremony, the petitioner has 44-11 not voluntarily cohabited with the other party during a period when 44-12 the petitioner possessed the mental capacity to recognize the 44-13 marriage relationship. 44-14 (b) The court may grant an annulment of a marriage to a 44-15 party to the marriage if: 44-16 (1) at the time of the marriage the other party did 44-17 not have the mental capacity to consent to marriage or to 44-18 understand the nature of the marriage ceremony because of a mental 44-19 disease or defect; 44-20 (2) at the time of the marriage the petitioner neither 44-21 knew nor reasonably should have known of the mental disease or 44-22 defect; and 44-23 (3) since the date the petitioner discovered or 44-24 reasonably should have discovered the mental disease or defect, the 44-25 petitioner has not voluntarily cohabited with the other party. 44-26 Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an 44-27 annulment of a marriage to a party to the marriage if: 45-1 (1) the other party was divorced from a third party 45-2 within the 30-day period preceding the date of the marriage 45-3 ceremony; 45-4 (2) at the time of the marriage ceremony the 45-5 petitioner did not know, and a reasonably prudent person would not 45-6 have known, of the divorce; and 45-7 (3) since the petitioner discovered or a reasonably 45-8 prudent person would have discovered the fact of the divorce, the 45-9 petitioner has not voluntarily cohabited with the other party. 45-10 (b) A suit may not be brought under this section after the 45-11 first anniversary of the date of the marriage. 45-12 Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF 45-13 LICENSE. (a) The court may grant an annulment of a marriage to a 45-14 party to the marriage if the marriage ceremony took place in 45-15 violation of Section 2.204 during the 72-hour period immediately 45-16 following the issuance of the marriage license. 45-17 (b) A suit may not be brought under this section after the 45-18 30th day after the date of the marriage. 45-19 Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. A marriage 45-20 subject to annulment may not be challenged in a proceeding 45-21 instituted after the death of either party to the marriage. 45-22 (Sections 6.112-6.200 reserved for expansion) 45-23 SUBCHAPTER C. DECLARING A MARRIAGE VOID 45-24 Sec. 6.201. CONSANGUINITY. A marriage is void if one party 45-25 to the marriage is related to the other as: 45-26 (1) an ancestor or descendant, by blood or adoption; 45-27 (2) a brother or sister, of the whole or half blood or 46-1 by adoption; 46-2 (3) a parent's brother or sister, of the whole or half 46-3 blood or by adoption; or 46-4 (4) a son or daughter of a brother or sister, of the 46-5 whole or half blood or by adoption. 46-6 Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. 46-7 (a) A marriage is void if entered into when either party has an 46-8 existing marriage to another person that has not been dissolved by 46-9 legal action or terminated by the death of the other spouse. 46-10 (b) The later marriage that is void under this section 46-11 becomes valid when the prior marriage is dissolved if, after the 46-12 date of the dissolution, the parties have lived together as husband 46-13 and wife and represented themselves to others as being married. 46-14 Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a 46-15 marriage that would have been void under Section 6.201, a marriage 46-16 that was entered into before January 1, 1970, in violation of the 46-17 prohibitions of Article 496, Penal Code of Texas, 1925, is 46-18 validated from the date the marriage commenced if the parties 46-19 continued until January 1, 1970, to live together as husband and 46-20 wife and to represent themselves to others as being married. 46-21 (Sections 6.204-6.300 reserved for expansion) 46-22 SUBCHAPTER D. JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS 46-23 Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit 46-24 for divorce may not be maintained in this state unless at the time 46-25 the suit is filed either the petitioner or the respondent has been: 46-26 (1) a domiciliary of this state for the preceding 46-27 six-month period; and 47-1 (2) a resident of the county in which the suit is 47-2 filed for the preceding 90-day period. 47-3 Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one 47-4 spouse has been a domiciliary of this state for at least the last 47-5 six months, a spouse domiciled in another state or nation may file 47-6 a suit for divorce in the county in which the domiciliary spouse 47-7 resides at the time the petition is filed. 47-8 Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a 47-9 Texas domiciliary outside this state or outside the county of 47-10 residence of the domiciliary while in the service of the armed 47-11 forces or other service of the United States or of this state is 47-12 considered residence in this state and in that county. 47-13 Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS. 47-14 A person not previously a resident of this state who is serving in 47-15 the armed forces of the United States and has been stationed at one 47-16 or more military installations in this state for at least the last 47-17 six months and at a military installation in a county of this state 47-18 for at least the last 90 days is considered to be a Texas 47-19 domiciliary and a resident of that county for those periods for the 47-20 purpose of filing suit for dissolution of a marriage. 47-21 Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT 47-22 RESPONDENT. (a) If the petitioner in a suit for dissolution of a 47-23 marriage is a resident or a domiciliary of this state at the time 47-24 the suit for dissolution is filed, the court may exercise personal 47-25 jurisdiction over the respondent or over the respondent's personal 47-26 representative although the respondent is not a resident of this 47-27 state if: 48-1 (1) this state is the last marital residence of the 48-2 petitioner and the respondent and the suit is filed before the 48-3 second anniversary of the date on which marital residence ended; or 48-4 (2) there is any basis consistent with the 48-5 constitutions of this state and the United States for the exercise 48-6 of the personal jurisdiction. 48-7 (b) A court acquiring jurisdiction under this section also 48-8 acquires jurisdiction over the respondent in a suit affecting the 48-9 parent-child relationship. 48-10 Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE. (a) A suit for 48-11 annulment of a marriage may be maintained in this state only if the 48-12 parties were married in this state or if either party is domiciled 48-13 in this state. 48-14 (b) A suit for annulment is a suit in rem, affecting the 48-15 status of the parties to the marriage. 48-16 Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. (a) 48-17 Either party to a marriage made void by this chapter may sue to 48-18 have the marriage declared void, or the court may declare the 48-19 marriage void in a collateral proceeding. 48-20 (b) The court may declare a marriage void only if: 48-21 (1) the purported marriage was contracted in this 48-22 state; or 48-23 (2) either party is domiciled in this state. 48-24 (c) A suit to have a marriage declared void is a suit in 48-25 rem, affecting the status of the parties to the purported marriage. 48-26 Sec. 6.308. EXERCISING PARTIAL JURISDICTION. (a) A court 48-27 in which a suit for dissolution of a marriage is filed may exercise 49-1 its jurisdiction over those portions of the suit for which it has 49-2 authority. 49-3 (b) The court's authority to resolve the issues in 49-4 controversy between the parties may be restricted because the court 49-5 lacks: 49-6 (1) the required personal jurisdiction over a 49-7 nonresident party in a suit for dissolution of the marriage; 49-8 (2) the required jurisdiction under Chapter 152; or 49-9 (3) the required jurisdiction under Chapter 159. 49-10 (Sections 6.309-6.400 reserved for expansion) 49-11 SUBCHAPTER E. FILING SUIT 49-12 Sec. 6.401. CAPTION. (a) Pleadings in a suit for divorce 49-13 or annulment shall be styled "In the Matter of the Marriage 49-14 of ________ and ________." 49-15 (b) Pleadings in a suit to declare a marriage void shall be 49-16 styled "A Suit To Declare Void the Marriage 49-17 of __________ and __________." 49-18 Sec. 6.402. PLEADINGS. (a) A petition in a suit for 49-19 dissolution of a marriage is sufficient without the necessity of 49-20 specifying the underlying evidentiary facts if the petition alleges 49-21 the grounds relied on substantially in the language of the statute. 49-22 (b) Allegations of grounds for relief, matters of defense, 49-23 or facts relied on for a temporary order that are stated in short 49-24 and plain terms are not subject to special exceptions because of 49-25 form or sufficiency. 49-26 (c) The court shall strike an allegation of evidentiary fact 49-27 from the pleadings on the motion of a party or on the court's own 50-1 motion. 50-2 Sec. 6.403. ANSWER. The respondent in a suit for 50-3 dissolution of a marriage is not required to answer on oath or 50-4 affirmation. 50-5 Sec. 6.404. STATEMENT ON ALTERNATE DISPUTE RESOLUTION. (a) 50-6 A party to a proceeding under this title shall include in the first 50-7 pleading filed by the party in the proceeding the following 50-8 statement: 50-9 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO 50-10 PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES 50-11 INVOLVING CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE 50-12 RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT 50-13 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A 50-14 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT 50-15 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH 50-16 TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE 50-17 RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION." 50-18 (b) The statement prescribed by Subsection (a) must be 50-19 printed in boldfaced type or capital letters and signed by the 50-20 party. 50-21 (c) The statement prescribed by Subsection (a) is not 50-22 required for: 50-23 (1) a pleading in which citation on all respondents 50-24 entitled to service of citation is requested, issued, and given by 50-25 publication; 50-26 (2) a motion or pleading that seeks a protective order 50-27 as provided by Chapter 71; or 51-1 (3) a special appearance under Rule 120a, Texas Rules 51-2 of Civil Procedure. 51-3 Sec. 6.405. PROTECTIVE ORDER. (a) The petition in a suit 51-4 for dissolution of a marriage must state whether a protective order 51-5 under Chapter 71 is in effect or if an application for a protective 51-6 order is pending with regard to the parties to the suit. 51-7 (b) The petitioner shall attach to the petition a copy of 51-8 each protective order issued under Chapter 71 in which one of the 51-9 parties to the suit was the applicant and the other party was the 51-10 respondent without regard to the date of the order. If a copy of 51-11 the protective order is not available at the time of filing, the 51-12 petition must state that a copy of the order will be filed with the 51-13 court before any hearing. 51-14 Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD 51-15 RELATIONSHIP. (a) The petition in a suit for dissolution of a 51-16 marriage shall state whether there are children born or adopted of 51-17 the marriage who are under 18 years of age or who are otherwise 51-18 entitled to support as provided by Chapter 154. 51-19 (b) If the parties are parents of a child, as defined by 51-20 Section 101.003, and the child is not under the continuing 51-21 jurisdiction of another court as provided by Chapter 155, the suit 51-22 for dissolution of a marriage must include a suit affecting the 51-23 parent-child relationship under Title 5. 51-24 Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD 51-25 RELATIONSHIP TO DIVORCE COURT. (a) If a suit affecting the 51-26 parent-child relationship is pending at the time the suit for 51-27 dissolution of a marriage is filed, the suit affecting the 52-1 parent-child relationship shall be transferred as provided by 52-2 Section 103.002 to the court in which the suit for dissolution is 52-3 filed. 52-4 (b) If the parties are parents of a child, as defined by 52-5 Section 101.003, and the child is under the continuing jurisdiction 52-6 of another court under Chapter 155, either party to the suit for 52-7 dissolution of a marriage may move that court for transfer of the 52-8 suit affecting the parent-child relationship to the court having 52-9 jurisdiction of the suit for dissolution. The court with 52-10 continuing jurisdiction shall transfer the proceeding as provided 52-11 by Chapter 155. On the transfer of the proceedings, the court with 52-12 jurisdiction of the suit for dissolution of a marriage shall 52-13 consolidate the two causes of action. 52-14 (c) After transfer of a suit affecting the parent-child 52-15 relationship as provided in Chapter 155, the court with 52-16 jurisdiction of the suit for dissolution of a marriage has 52-17 jurisdiction to render an order in the suit affecting the 52-18 parent-child relationship as provided by Title 5. 52-19 Sec. 6.408. SERVICE OF CITATION. Citation on the filing of 52-20 an original petition in a suit for dissolution of a marriage shall 52-21 be issued and served as in other civil cases. Citation may also be 52-22 served on any other person who has or who may assert an interest in 52-23 the suit for dissolution of the marriage. 52-24 Sec. 6.409. CITATION BY PUBLICATION. (a) Citation in a 52-25 suit for dissolution of a marriage may be by publication as in 52-26 other civil cases, except that notice shall be published one time 52-27 only. 53-1 (b) The notice shall be sufficient if given in substantially 53-2 the following form: 53-3 "STATE OF TEXAS 53-4 To (name of person to be served with citation), and to all whom it 53-5 may concern (if the name of any person to be served with citation 53-6 is unknown), Respondent(s), 53-7 "You have been sued. You may employ an attorney. If you or 53-8 your attorney do not file a written answer with the clerk who 53-9 issued this citation by 10 a.m. on the Monday next following the 53-10 expiration of 20 days after you were served this citation and 53-11 petition, a default judgment may be taken against you. The 53-12 petition of ____, Petitioner, was filed in the Court 53-13 of ____ County, Texas, on the ___ day of ____, against ____, 53-14 Respondent(s), numbered ______, and entitled 'In the Matter of 53-15 Marriage of ____ and ____. The suit requests ____ (statement of 53-16 relief sought).' 53-17 "The Court has authority in this suit to enter any judgment 53-18 or decree dissolving the marriage and providing for the division of 53-19 property that will be binding on you. 53-20 "Issued and given under my hand and seal of said Court 53-21 at ____, Texas, this the ___ day of ____, ____. 53-22 "............................... 53-23 Clerk of the _________ Court of 53-24 _________________ County, Texas 53-25 By _______, Deputy." 53-26 (c) The form authorized in this section and the form 53-27 authorized by Section 102.010 may be combined in appropriate 54-1 situations. 54-2 (d) If the citation is for a suit in which a parent-child 54-3 relationship does not exist, service by publication may be 54-4 completed by posting the citation at the courthouse door for seven 54-5 days in the county in which the suit is filed. 54-6 (e) If the petitioner or the petitioner's attorney of record 54-7 makes an oath that no child presently under 18 years of age was 54-8 born or adopted by the spouses and that no appreciable amount of 54-9 property was accumulated by the spouses during the marriage, the 54-10 court may dispense with the appointment of an attorney ad litem. 54-11 In a case in which citation was by publication, a statement of the 54-12 evidence, approved and signed by the judge, shall be filed with the 54-13 papers of the suit as a part of the record. 54-14 (Sections 6.410-6.500 reserved for expansion) 54-15 SUBCHAPTER F. TEMPORARY ORDERS 54-16 Sec. 6.501. TEMPORARY RESTRAINING ORDER. (a) After the 54-17 filing of a suit for dissolution of a marriage, on the motion of a 54-18 party or on the court's own motion, the court may grant a temporary 54-19 restraining order without notice to the adverse party for the 54-20 preservation of the property and for the protection of the parties 54-21 as necessary, including an order prohibiting one or both parties 54-22 from: 54-23 (1) intentionally communicating by telephone or in 54-24 writing with the other party by use of vulgar, profane, obscene, or 54-25 indecent language or in a coarse or offensive manner, with intent 54-26 to annoy or alarm the other; 54-27 (2) threatening the other, by telephone or in writing, 55-1 to take unlawful action against any person, intending by this 55-2 action to annoy or alarm the other; 55-3 (3) placing a telephone call, anonymously, at an 55-4 unreasonable hour, in an offensive and repetitious manner, or 55-5 without a legitimate purpose of communication with the intent to 55-6 annoy or alarm the other; 55-7 (4) intentionally, knowingly, or recklessly causing 55-8 bodily injury to the other or to a child of either party; 55-9 (5) threatening the other or a child of either party 55-10 with imminent bodily injury; 55-11 (6) intentionally, knowingly, or recklessly 55-12 destroying, removing, concealing, encumbering, transferring, or 55-13 otherwise harming or reducing the value of the property of the 55-14 parties or either party with intent to obstruct the authority of 55-15 the court to order a division of the estate of the parties in a 55-16 manner that the court deems just and right, having due regard for 55-17 the rights of each party and any children of the marriage; 55-18 (7) intentionally falsifying a writing or record 55-19 relating to the property of either party; 55-20 (8) intentionally misrepresenting or refusing to 55-21 disclose to the other party or to the court, on proper request, the 55-22 existence, amount, or location of any property of the parties or 55-23 either party; 55-24 (9) intentionally or knowingly damaging or destroying 55-25 the tangible property of the parties or either party; or 55-26 (10) intentionally or knowingly tampering with the 55-27 tangible property of the parties or either party and causing 56-1 pecuniary loss or substantial inconvenience to the other. 56-2 (b) A temporary restraining order under this subchapter may 56-3 not include a provision: 56-4 (1) the subject of which is a requirement, 56-5 appointment, award, or other order listed in Section 886A, Texas 56-6 Probate Code; or 56-7 (2) that: 56-8 (A) excludes a spouse from occupancy of the 56-9 residence where that spouse is living except as provided in a 56-10 protective order made in accordance with Title 4; 56-11 (B) prohibits a party from spending funds for 56-12 reasonable and necessary living expenses; or 56-13 (C) prohibits a party from engaging in acts 56-14 reasonable and necessary to conduct that party's usual business and 56-15 occupation. 56-16 Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS. 56-17 While a suit for dissolution of a marriage is pending and on the 56-18 motion of a party or on the court's own motion after notice and 56-19 hearing, the court may render an appropriate order, including the 56-20 granting of a temporary injunction for the preservation of the 56-21 property and protection of the parties as deemed necessary and 56-22 equitable and including an order directed to one or both parties: 56-23 (1) requiring a sworn inventory and appraisement of 56-24 the real and personal property owned or claimed by the parties and 56-25 specifying the form, manner, and substance of the inventory and 56-26 appraisal and list of debts and liabilities; 56-27 (2) requiring payments to be made for the support of 57-1 either spouse; 57-2 (3) requiring the production of books, papers, 57-3 documents, and tangible things by a party; 57-4 (4) ordering payment of reasonable attorney's fees and 57-5 expenses; 57-6 (5) appointing a receiver for the preservation and 57-7 protection of the property of the parties; 57-8 (6) awarding one spouse exclusive occupancy of the 57-9 residence during the pendency of the case; 57-10 (7) prohibiting the parties, or either party, from 57-11 spending funds beyond an amount the court determines to be for 57-12 reasonable and necessary living expenses; 57-13 (8) awarding one spouse exclusive control of a party's 57-14 usual business or occupation; or 57-15 (9) prohibiting an act described by Section 6.501(a). 57-16 Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT 57-17 REQUIRED. (a) A temporary restraining order or temporary 57-18 injunction under this subchapter: 57-19 (1) may be granted without an affidavit or a verified 57-20 pleading stating specific facts showing that immediate and 57-21 irreparable injury, loss, or damage will result before notice can 57-22 be served and a hearing can be held; and 57-23 (2) need not: 57-24 (A) define the injury or state why it is 57-25 irreparable; 57-26 (B) state why the order was granted without 57-27 notice; or 58-1 (C) include an order setting the suit for trial 58-2 on the merits with respect to the ultimate relief sought. 58-3 (b) In a suit for dissolution of a marriage, the court may 58-4 dispense with the issuance of a bond between the spouses in 58-5 connection with temporary orders for the protection of the parties 58-6 and their property. 58-7 Sec. 6.504. PROTECTIVE ORDERS. On the motion of a party to 58-8 a suit for dissolution of a marriage, the court may render a 58-9 protective order as provided by Chapter 71. 58-10 Sec. 6.505. COUNSELING. (a) While a divorce suit is 58-11 pending, the court may direct the parties to counsel with a person 58-12 named by the court. 58-13 (b) The person named by the court to counsel the parties 58-14 shall submit a written report to the court and to the parties 58-15 before the final hearing. In the report, the counselor shall give 58-16 only an opinion as to whether there exists a reasonable expectation 58-17 of reconciliation of the parties and, if so, whether further 58-18 counseling would be beneficial. The sole purpose of the report is 58-19 to aid the court in determining whether the suit for divorce should 58-20 be continued pending further counseling. 58-21 (c) A copy of the report shall be furnished to each party. 58-22 (d) If the court believes that there is a reasonable 58-23 expectation of the parties' reconciliation, the court may by 58-24 written order continue the proceedings and direct the parties to a 58-25 person named by the court for further counseling for a period fixed 58-26 by the court not to exceed 60 days, subject to any terms, 58-27 conditions, and limitations the court considers desirable. In 59-1 ordering counseling, the court shall consider the circumstances of 59-2 the parties, including the needs of the parties' family and the 59-3 availability of counseling services. At the expiration of the 59-4 period specified by the court, the counselor to whom the parties 59-5 were directed shall report to the court whether the parties have 59-6 complied with the court's order. Thereafter, the court shall 59-7 proceed as in a divorce suit generally. 59-8 Sec. 6.506. CONTEMPT. The violation of a temporary 59-9 restraining order, temporary injunction, or other temporary order 59-10 issued under this subchapter is punishable as contempt. 59-11 Sec. 6.507. INTERLOCUTORY APPEAL. An order under this 59-12 section, except an order appointing a receiver, is not subject to 59-13 interlocutory appeal. 59-14 (Sections 6.508-6.600 reserved for expansion) 59-15 SUBCHAPTER G. ALTERNATIVE DISPUTE RESOLUTION 59-16 Sec. 6.601. ARBITRATION PROCEDURES. (a) On written 59-17 agreement of the parties, the court may refer a suit for 59-18 dissolution of a marriage to arbitration. The agreement must state 59-19 whether the arbitration is binding or nonbinding. 59-20 (b) If the parties agree to binding arbitration, the court 59-21 shall render an order reflecting the arbitrator's award. 59-22 Sec. 6.602. MEDIATION PROCEDURES. (a) On the written 59-23 agreement of the parties or on the court's own motion, the court 59-24 may refer a suit for dissolution of a marriage to mediation. 59-25 (b) A mediated settlement agreement is binding on the 59-26 parties if the agreement: 59-27 (1) provides in a separate paragraph that the 60-1 agreement is not subject to revocation; 60-2 (2) is signed by each party to the agreement; and 60-3 (3) is signed by the party's attorney, if any, who is 60-4 present at the time the agreement is signed. 60-5 (c) If a mediated settlement agreement meets the 60-6 requirements of this section, a party is entitled to judgment on 60-7 the mediated settlement agreement notwithstanding Rule 11, Texas 60-8 Rules of Civil Procedure, or another rule of law. 60-9 (Sections 6.603-6.700 reserved for expansion) 60-10 SUBCHAPTER H. TRIAL AND APPEAL 60-11 Sec. 6.701. FAILURE TO ANSWER. In a suit for divorce, the 60-12 petition may not be taken as confessed if the respondent does not 60-13 file an answer. 60-14 Sec. 6.702. JURY. In a suit for dissolution of a marriage, 60-15 either party may demand a jury trial unless the action is a suit to 60-16 annul an underage marriage under Section 6.101 or 6.102. 60-17 Sec. 6.703. TESTIMONY OF HUSBAND OR WIFE. (a) In a suit 60-18 for dissolution of a marriage, the husband and wife are competent 60-19 witnesses for and against each other. A spouse may not be 60-20 compelled to testify as to a matter that will incriminate the 60-21 spouse. 60-22 (b) If the husband or wife testifies, the court or jury 60-23 trying the case shall determine the credibility of the witness and 60-24 the weight to be given the witness's testimony. 60-25 Sec. 6.704. TESTIMONY BY MARRIAGE COUNSELOR. (a) The 60-26 report by the person named by the court to counsel the parties to a 60-27 suit for divorce may not be admitted as evidence in the suit. 61-1 (b) The person named by the court to counsel the parties is 61-2 not competent to testify in any suit involving the parties or their 61-3 children. 61-4 (c) The files, records, and other work-products of the 61-5 counselor are privileged and confidential for all purposes and may 61-6 not be admitted as evidence in any suit involving the parties or 61-7 their children. 61-8 Sec. 6.705. CHANGE OF NAME. (a) In a decree of divorce or 61-9 annulment, the court shall change the name of a party specifically 61-10 requesting the change to a name previously used by the party unless 61-11 the court states in the decree a reason for denying the change of 61-12 name. 61-13 (b) The court may not deny a change of name solely to keep 61-14 the last name of family members the same. 61-15 (c) A change of name does not release a person from 61-16 liability incurred by the person under a previous name or defeat a 61-17 right the person held under a previous name. 61-18 (d) A person whose name is changed under this section may 61-19 apply for a change of name certificate from the clerk of the court 61-20 as provided by Section 45.106. 61-21 Sec. 6.706. TRANSFERS AND DEBTS PENDING DECREE. (a) A 61-22 transfer of real or personal community property or a debt incurred 61-23 by a spouse while a suit for divorce or annulment is pending that 61-24 subjects the other spouse or the community property to liability is 61-25 void with respect to the other spouse if the transfer was made or 61-26 the debt incurred with the intent to injure the rights of the other 61-27 spouse. 62-1 (b) A transfer or debt is not void if the person dealing 62-2 with the transferor or debtor spouse did not have notice of the 62-3 intent to injure the rights of the other spouse. 62-4 (c) The spouse seeking to void a transfer or debt incurred 62-5 while a suit for divorce or annulment is pending has the burden of 62-6 proving that the person dealing with the transferor or debtor 62-7 spouse had notice of the intent to injure the rights of the spouse 62-8 seeking to void the transaction. 62-9 Sec. 6.707. COSTS. (a) In a suit for dissolution of a 62-10 marriage, the court as it considers reasonable may award costs to a 62-11 party. Costs may not be adjudged against a party against whom a 62-12 divorce is granted for confinement in a mental hospital under 62-13 Section 6.007. 62-14 (b) The expenses of counseling may be taxed as costs against 62-15 either or both parties. 62-16 Sec. 6.708. TEMPORARY ORDERS DURING APPEAL. (a) Not later 62-17 than the 30th day after the date an appeal is perfected, on the 62-18 motion of a party or on the court's own motion, after notice and 62-19 hearing, the trial court may render a temporary order necessary for 62-20 the preservation of the property and for the protection of the 62-21 parties during the appeal, including an order to: 62-22 (1) require the support of either spouse; 62-23 (2) require the payment of reasonable attorney's fees 62-24 and expenses; 62-25 (3) appoint a receiver for the preservation and 62-26 protection of the property of the parties; or 62-27 (4) award one spouse exclusive occupancy of the 63-1 parties' residence pending the appeal. 63-2 (b) The trial court retains jurisdiction to enforce a 63-3 temporary order under this section unless the appellate court, on a 63-4 proper showing, supersedes the trial court's order. 63-5 (Sections 6.709-6.800 reserved for expansion) 63-6 SUBCHAPTER I. REMARRIAGE 63-7 Sec. 6.801. REMARRIAGE. (a) Except as otherwise provided 63-8 by this subchapter, neither party to a divorce may marry a third 63-9 party before the 31st day after the date the divorce is decreed. 63-10 (b) The former spouses may marry each other at any time. 63-11 Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. For 63-12 good cause shown the court may waive the prohibition against 63-13 remarriage provided by this subchapter as to either or both spouses 63-14 if a record of the proceedings is made and preserved or if findings 63-15 of fact and conclusions of law are filed by the court. 63-16 CHAPTER 7. AWARD OF MARITAL PROPERTY 63-17 Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree 63-18 of divorce or annulment, the court shall order a division of the 63-19 estate of the parties in a manner that the court deems just and 63-20 right, having due regard for the rights of each party and any 63-21 children of the marriage. 63-22 Sec. 7.002. DIVISION OF PROPERTY UNDER SPECIAL 63-23 CIRCUMSTANCES. In addition to the division of the estate of the 63-24 parties required by Section 7.001, in a decree of divorce or 63-25 annulment the court shall order a division of the following real 63-26 and personal property, wherever situated, in a manner that the 63-27 court deems just and right, having due regard for the rights of 64-1 each party and any children of the marriage: 64-2 (1) property that was acquired by either spouse while 64-3 domiciled in another state and that would have been community 64-4 property if the spouse who acquired the property had been domiciled 64-5 in this state at the time of the acquisition; or 64-6 (2) property that was acquired by either spouse in 64-7 exchange for real or personal property and that would have been 64-8 community property if the spouse who acquired the property so 64-9 exchanged had been domiciled in this state at the time of its 64-10 acquisition. 64-11 Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT 64-12 BENEFITS AND OTHER PLANS. In a decree of divorce or annulment, the 64-13 court shall determine the rights of both spouses in a pension, 64-14 retirement plan, annuity, individual retirement account, employee 64-15 stock option plan, stock option, or other form of savings, bonus, 64-16 profit-sharing, or other employer plan or financial plan of an 64-17 employee or a participant, regardless of whether the person is 64-18 self-employed, in the nature of compensation or savings. 64-19 Sec. 7.004. DISPOSITION OF RIGHTS IN INSURANCE. In a decree 64-20 of divorce or annulment, the court shall specifically divide or 64-21 award the rights of each spouse in an insurance policy. 64-22 Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED. 64-23 (a) If in a decree of divorce or annulment the court does not 64-24 specifically award all of the rights of the spouses in an insurance 64-25 policy other than life insurance in effect at the time the decree 64-26 is rendered, the policy remains in effect until the policy expires 64-27 according to the policy's own terms. 65-1 (b) The proceeds of a valid claim under the policy are 65-2 payable as follows: 65-3 (1) if the interest in the property insured was 65-4 awarded solely to one former spouse by the decree, to that former 65-5 spouse; 65-6 (2) if an interest in the property insured was awarded 65-7 to each former spouse, to those former spouses in proportion to the 65-8 interests awarded; or 65-9 (3) if the insurance coverage is directly related to 65-10 the person of one of the former spouses, to that former spouse. 65-11 (c) The failure of either former spouse to change the 65-12 endorsement on the policy to reflect the distribution of proceeds 65-13 established by this section does not relieve the insurer of 65-14 liability to pay the proceeds or any other obligation on the 65-15 policy. 65-16 (d) This section does not affect the right of a former 65-17 spouse to assert an ownership interest in an undivided life 65-18 insurance policy, as provided by Subchapter D, Chapter 9. 65-19 Sec. 7.006. AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT. (a) 65-20 To promote amicable settlement of disputes in a suit for divorce or 65-21 annulment, the spouses may enter into a written agreement 65-22 concerning the division of the property and the liabilities of the 65-23 spouses and maintenance of either spouse. The agreement may be 65-24 revised or repudiated before rendition of the divorce or annulment 65-25 unless the agreement is binding under another rule of law. 65-26 (b) If the court finds that the terms of the written 65-27 agreement in a divorce or annulment are just and right, those terms 66-1 are binding on the court. If the court approves the agreement, the 66-2 court may set forth the agreement in full or incorporate the 66-3 agreement by reference in the final decree. 66-4 (c) If the court finds that the terms of the written 66-5 agreement in a divorce or annulment are not just and right, the 66-6 court may request the spouses to submit a revised agreement or may 66-7 set the case for a contested hearing. 66-8 CHAPTER 8. MAINTENANCE 66-9 Sec. 8.001. DEFINITION. In this chapter, "maintenance" 66-10 means an award in a suit for dissolution of a marriage of periodic 66-11 payments from the future income of one spouse for the support of 66-12 the other spouse. 66-13 Sec. 8.002. Eligibility for Maintenance. In a suit for 66-14 dissolution of a marriage or in a proceeding for maintenance in a 66-15 court with personal jurisdiction over both former spouses following 66-16 the dissolution of their marriage by a court that lacked personal 66-17 jurisdiction over an absent spouse, the court may order maintenance 66-18 for either spouse only if: 66-19 (1) the spouse from whom maintenance is requested was 66-20 convicted of or received deferred adjudication for a criminal 66-21 offense that also constitutes an act of family violence under 66-22 Chapter 71 and the offense occurred: 66-23 (A) within two years before the date on which a 66-24 suit for dissolution of the marriage is filed; or 66-25 (B) while the suit is pending; or 66-26 (2) the duration of the marriage was 10 years or 66-27 longer, the spouse seeking maintenance lacks sufficient property, 67-1 including property distributed to the spouse under this code, to 67-2 provide for the spouse's minimum reasonable needs, as limited by 67-3 Section 8.005, and the spouse seeking maintenance: 67-4 (A) is unable to support himself or herself 67-5 through appropriate employment because of an incapacitating 67-6 physical or mental disability; 67-7 (B) is the custodian of a child who requires 67-8 substantial care and personal supervision because a physical or 67-9 mental disability makes it necessary, taking into consideration the 67-10 needs of the child, that the spouse not be employed outside the 67-11 home; or 67-12 (C) clearly lacks earning ability in the labor 67-13 market adequate to provide support for the spouse's minimum 67-14 reasonable needs, as limited by Section 8.005. 67-15 Sec. 8.003. Factors in Determining Maintenance. A court 67-16 that determines that a spouse is eligible to receive maintenance 67-17 under this chapter shall determine the nature, amount, duration, 67-18 and manner of periodic payments by considering all relevant 67-19 factors, including: 67-20 (1) the financial resources of the spouse seeking 67-21 maintenance, including the community and separate property and 67-22 liabilities apportioned to that spouse in the dissolution 67-23 proceeding, and that spouse's ability to meet the spouse's needs 67-24 independently; 67-25 (2) the education and employment skills of the 67-26 spouses, the time necessary to acquire sufficient education or 67-27 training to enable the spouse seeking maintenance to find 68-1 appropriate employment, the availability of that education or 68-2 training, and the feasibility of that education or training; 68-3 (3) the duration of the marriage; 68-4 (4) the age, employment history, earning ability, and 68-5 physical and emotional condition of the spouse seeking maintenance; 68-6 (5) the ability of the spouse from whom maintenance is 68-7 requested to meet that spouse's personal needs and to provide 68-8 periodic child support payments, if applicable, while meeting the 68-9 personal needs of the spouse seeking maintenance; 68-10 (6) acts by either spouse resulting in excessive or 68-11 abnormal expenditures or destruction, concealment, or fraudulent 68-12 disposition of community property, joint tenancy, or other property 68-13 held in common; 68-14 (7) the comparative financial resources of the 68-15 spouses, including medical, retirement, insurance, or other 68-16 benefits, and the separate property of each spouse; 68-17 (8) the contribution by one spouse to the education, 68-18 training, or increased earning power of the other spouse; 68-19 (9) the property brought to the marriage by either 68-20 spouse; 68-21 (10) the contribution of a spouse as homemaker; 68-22 (11) marital misconduct of the spouse seeking 68-23 maintenance; and 68-24 (12) the efforts of the spouse seeking maintenance to 68-25 pursue available employment counseling as provided by Chapter 304, 68-26 Labor Code. 68-27 Sec. 8.004. Presumption. (a) Except as provided by 69-1 Subsection (b), it is presumed that maintenance is not warranted 69-2 unless the spouse seeking maintenance has exercised diligence in: 69-3 (1) seeking suitable employment; or 69-4 (2) developing the necessary skills to become 69-5 self-supporting during a period of separation and during the time 69-6 the suit for dissolution of the marriage is pending. 69-7 (b) This section does not apply to a spouse who is not able 69-8 to satisfy the presumption in Subsection (a) because of an 69-9 incapacitating physical or mental disability. 69-10 Sec. 8.005. Duration of Maintenance Order. (a) Except as 69-11 provided by Subsection (b), a court: 69-12 (1) may not order maintenance that remains in effect 69-13 for more than three years after the date of the order; and 69-14 (2) shall limit the duration of a maintenance order to 69-15 the shortest reasonable period that allows the spouse seeking 69-16 maintenance to meet the spouse's minimum reasonable needs by 69-17 obtaining appropriate employment or developing an appropriate 69-18 skill, unless the ability of the spouse to provide for the spouse's 69-19 minimum reasonable needs through employment is substantially or 69-20 totally diminished because of: 69-21 (A) physical or mental disability; 69-22 (B) duties as the custodian of an infant or 69-23 young child; or 69-24 (C) another compelling impediment to gainful 69-25 employment. 69-26 (b) If a spouse seeking maintenance is unable to support 69-27 himself or herself through appropriate employment because of an 70-1 incapacitating physical or mental disability, the court may order 70-2 maintenance for an indefinite period for as long as the disability 70-3 continues. The court may order periodic review of its order, on 70-4 the request of either party or on its own motion, to determine 70-5 whether the disability is continuing. The continuation of spousal 70-6 maintenance under these circumstances is subject to a motion to 70-7 modify as provided by Section 8.008. 70-8 Sec. 8.006. Amount of Maintenance. (a) A court may not 70-9 order maintenance that requires a spouse to pay monthly more than 70-10 the lesser of: 70-11 (1) $2,500; or 70-12 (2) 20 percent of the spouse's average monthly gross 70-13 income. 70-14 (b) The court shall set the amount that a spouse is required 70-15 to pay in a maintenance order to provide for the minimum reasonable 70-16 needs of the spouse receiving the maintenance under the order, 70-17 considering employment or property received in the dissolution of 70-18 the marriage or otherwise owned by the spouse receiving the 70-19 maintenance that contributes to the minimum reasonable needs of 70-20 that spouse. 70-21 (c) Department of Veterans Affairs service-connected 70-22 disability compensation, social security benefits and disability 70-23 benefits, and workers' compensation benefits are excluded from 70-24 maintenance. 70-25 Sec. 8.007. Termination. (a) The obligation to pay future 70-26 maintenance terminates on the death of either party or on the 70-27 remarriage of the party receiving maintenance. 71-1 (b) After a hearing, the court shall terminate the 71-2 maintenance order if the party receiving maintenance cohabits with 71-3 another person in a permanent place of abode on a continuing, 71-4 conjugal basis. 71-5 Sec. 8.008. Modification of Maintenance Order. (a) The 71-6 amount of maintenance specified in a court order or the portion of 71-7 a decree that provides for the support of a former spouse may be 71-8 reduced by the filing of a motion in the court that originally 71-9 rendered the order. A party affected by the order or the portion 71-10 of the decree to be modified may file the motion. 71-11 (b) Notice of a motion to modify maintenance and the 71-12 response, if any, are governed by the Texas Rules of Civil 71-13 Procedure applicable to the filing of an original lawsuit. Notice 71-14 must be given by service of citation, and a response must be in the 71-15 form of an answer due on or before 10 a.m. of the first Monday 71-16 after 20 days after the date of service. A court shall set a 71-17 hearing on the motion in the manner provided by Rule 245, Texas 71-18 Rules of Civil Procedure. 71-19 (c) After a hearing, the court may modify an original or 71-20 modified order or portion of a decree providing for maintenance on 71-21 a proper showing of a material and substantial change in 71-22 circumstances of either party. The court shall apply the 71-23 modification only to payment accruing after the filing of the 71-24 motion to modify. 71-25 (d) A loss of employment or circumstances that render a 71-26 former spouse unable to support himself or herself through 71-27 appropriate employment by reason of incapacitating physical or 72-1 mental disability that occurs after the divorce or annulment are 72-2 not grounds for the institution of spousal maintenance for the 72-3 benefit of the former spouse. 72-4 Sec. 8.009. Enforcement of Maintenance Order. (a) The 72-5 court may enforce by contempt the court's maintenance order or an 72-6 agreement for the payment of maintenance voluntarily entered into 72-7 between the parties and approved by the court. 72-8 (b) On the suit to enforce of a party entitled to receive 72-9 maintenance payments, the court may render judgment against a 72-10 defaulting party for an amount unpaid and owing after notice by 72-11 service of citation, answer, if any, and a hearing finding that the 72-12 defaulting party has failed or refused to carry out the terms of 72-13 the order. The judgment may be enforced by any means available for 72-14 the enforcement of judgment for debts. 72-15 (c) It is an affirmative defense to an allegation of 72-16 contempt of court or the violation of a condition of probation 72-17 requiring payment of court-ordered maintenance that the obligor: 72-18 (1) lacked the ability to provide maintenance in the 72-19 amount ordered; 72-20 (2) lacked property that could be sold, mortgaged, or 72-21 otherwise pledged to raise the funds needed; 72-22 (3) attempted unsuccessfully to borrow the needed 72-23 funds; and 72-24 (4) did not know of a source from which the money 72-25 could have been borrowed or otherwise legally obtained. 72-26 (d) The issue of the existence of an affirmative defense 72-27 does not arise unless evidence is admitted supporting the defense. 73-1 If the issue of the existence of an affirmative defense arises, an 73-2 obligor must prove the affirmative defense by a preponderance of 73-3 the evidence. 73-4 Sec. 8.010. Putative Spouse. In a suit to declare a 73-5 marriage void, a putative spouse who did not have knowledge of an 73-6 existing impediment to a valid marriage may be awarded maintenance 73-7 if otherwise qualified to receive maintenance under this chapter. 73-8 Sec. 8.011. Unmarried Cohabitants. An order for maintenance 73-9 is not authorized between unmarried cohabitants under any 73-10 circumstances. 73-11 CHAPTER 9. POST-DECREE PROCEEDINGS 73-12 SUBCHAPTER A. SUIT TO ENFORCE DECREE 73-13 Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by 73-14 a decree of divorce or annulment providing for a division of 73-15 property as provided by Chapter 7 may request enforcement of that 73-16 decree by filing a suit to enforce as provided by this chapter in 73-17 the court that rendered the decree. 73-18 (b) Except as otherwise provided in this chapter, a suit to 73-19 enforce shall be governed by the Texas Rules of Civil Procedure 73-20 applicable to the filing of an original lawsuit. 73-21 (c) A party whose rights, duties, powers, or liabilities may 73-22 be affected by the suit to enforce is entitled to receive notice by 73-23 citation and shall be commanded to appear by filing a written 73-24 answer. Thereafter, the proceedings shall be as in civil cases 73-25 generally. 73-26 Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The 73-27 court that rendered the decree of divorce or annulment retains the 74-1 power to enforce the property division as provided by Chapter 7. 74-2 Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the 74-3 division of tangible personal property in existence at the time of 74-4 the decree of divorce or annulment must be filed before the second 74-5 anniversary of the date the decree was signed or becomes final 74-6 after appeal, whichever date is later, or the suit is barred. 74-7 (b) A suit to enforce the division of future property not in 74-8 existence at the time of the original decree must be filed before 74-9 the second anniversary of the date the right to the property 74-10 matures or accrues or the decree becomes final, whichever date is 74-11 later, or the suit is barred. 74-12 Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The 74-13 procedures and limitations of this subchapter do not apply to 74-14 existing property not divided on divorce, which are governed by 74-15 Subchapter C and by the rules applicable to civil cases generally. 74-16 Sec. 9.005. NO JURY. A party may not demand a jury trial if 74-17 the procedures to enforce a decree of divorce or annulment provided 74-18 by this subchapter are invoked. 74-19 Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a) 74-20 Except as provided by this subchapter and by the Texas Rules of 74-21 Civil Procedure, the court may render further orders to enforce the 74-22 division of property made in the decree of divorce or annulment to 74-23 assist in the implementation of or to clarify the prior order. 74-24 (b) The court may specify more precisely the manner of 74-25 effecting the property division previously made if the substantive 74-26 division of property is not altered or changed. 74-27 (c) An order of enforcement does not alter or affect the 75-1 finality of the decree of divorce or annulment being enforced. 75-2 Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a) A 75-3 court may not amend, modify, alter, or change the division of 75-4 property made or approved in the decree of divorce or annulment. 75-5 An order to enforce the division is limited to an order to assist 75-6 in the implementation of or to clarify the prior order and may not 75-7 alter or change the substantive division of property. 75-8 (b) An order under this section that amends, modifies, 75-9 alters, or changes the actual, substantive division of property 75-10 made or approved in a final decree of divorce or annulment is 75-11 beyond the power of the divorce court and is unenforceable. 75-12 (c) The power of the court to render further orders to 75-13 assist in the implementation of or to clarify the property division 75-14 is abated while an appellate proceeding is pending. 75-15 Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a 75-16 party or on the court's own motion, the court may render a 75-17 clarifying order before a motion for contempt is made or heard, in 75-18 conjunction with a motion for contempt or on denial of a motion for 75-19 contempt. 75-20 (b) On a finding by the court that the original form of the 75-21 division of property is not specific enough to be enforceable by 75-22 contempt, the court may render a clarifying order setting forth 75-23 specific terms to enforce compliance with the original division of 75-24 property. 75-25 (c) The court may not give retroactive effect to a 75-26 clarifying order. 75-27 (d) The court shall provide a reasonable time for compliance 76-1 before enforcing a clarifying order by contempt or in another 76-2 manner. 76-3 Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division 76-4 of property made in a decree of divorce or annulment, the court may 76-5 make an order to deliver the specific existing property awarded, 76-6 without regard to whether the property is of especial value, 76-7 including an award of an existing sum of money or its equivalent. 76-8 Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party 76-9 fails to comply with a decree of divorce or annulment and delivery 76-10 of property awarded in the decree is no longer an adequate remedy, 76-11 the court may render a money judgment for the damages caused by 76-12 that failure to comply. 76-13 (b) If a party did not receive payments of money as awarded 76-14 in the decree of divorce or annulment, the court may render 76-15 judgment against a defaulting party for the amount of unpaid 76-16 payments to which the party is entitled. 76-17 (c) The remedy of a reduction to money judgment is in 76-18 addition to the other remedies provided by law. 76-19 (d) A money judgment rendered under this section may be 76-20 enforced by any means available for the enforcement of judgment for 76-21 debt. 76-22 Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may, 76-23 by any remedy provided by this chapter, enforce an award of the 76-24 right to receive installment payments or a lump-sum payment due on 76-25 the maturation of an existing vested or nonvested right to be paid 76-26 in the future. 76-27 (b) The subsequent actual receipt by the non-owning party of 77-1 property awarded to the owner in a decree of divorce or annulment 77-2 creates a fiduciary obligation in favor of the owner and imposes a 77-3 constructive trust on the property for the benefit of the owner. 77-4 Sec. 9.012. CONTEMPT. (a) The court may enforce by 77-5 contempt an order requiring delivery of specific property or an 77-6 award of a right to future property. 77-7 (b) The court may not enforce by contempt an award in a 77-8 decree of divorce or annulment of a sum of money payable in a lump 77-9 sum or in future installment payments in the nature of debt, except 77-10 for: 77-11 (1) a sum of money in existence at the time the decree 77-12 was rendered; or 77-13 (2) a matured right to future payments as provided by 77-14 Section 9.011. 77-15 (c) This subchapter does not detract from or limit the 77-16 general power of a court to enforce an order of the court by 77-17 appropriate means. 77-18 Sec. 9.013. COSTS. The court may award costs in a 77-19 proceeding to enforce a property division under this subchapter as 77-20 in other civil cases. 77-21 Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable 77-22 attorney's fees as costs in a proceeding under this subchapter. 77-23 The court may order the attorney's fees to be paid directly to the 77-24 attorney, who may enforce the order for fees in the attorney's own 77-25 name by any means available for the enforcement of a judgment for 77-26 debt. 77-27 (Sections 9.015-9.100 reserved for expansion) 78-1 SUBCHAPTER B. POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER 78-2 Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS 78-3 ORDER. (a) Notwithstanding any other provision of this chapter, 78-4 the court that rendered a final decree of divorce or annulment or 78-5 another final order dividing property under this title retains 78-6 continuing, exclusive jurisdiction to render an enforceable 78-7 qualified domestic relations order or similar order permitting 78-8 payment of pension, retirement plan, or other employee benefits 78-9 divisible under the law of this state or of the United States to an 78-10 alternate payee or other lawful payee. 78-11 (b) Unless prohibited by federal law, a suit seeking a 78-12 qualified domestic relations order or similar order under this 78-13 section applies to a previously divided pension, retirement plan, 78-14 or other employee benefit divisible under the law of this state or 78-15 of the United States, whether the plan or benefit is private, 78-16 state, or federal. 78-17 Sec. 9.102. PROCEDURE. (a) A party to a decree of divorce 78-18 or annulment may petition the court for a qualified domestic 78-19 relations order or similar order. 78-20 (b) Except as otherwise provided by this code, a petition 78-21 under this subchapter is governed by the Texas Rules of Civil 78-22 Procedure that apply to the filing of an original lawsuit. 78-23 (c) Each party whose rights may be affected by the petition 78-24 is entitled to receive notice by citation and shall be commanded to 78-25 appear by filing a written answer. 78-26 (d) The proceedings shall be conducted in the same manner as 78-27 civil cases generally. 79-1 Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC 79-2 RELATIONS ORDER. A party may petition a court to render a 79-3 qualified domestic relations order or similar order if the court 79-4 that rendered a final decree of divorce or annulment or another 79-5 final order dividing property under this chapter did not provide a 79-6 qualified domestic relations order or similar order permitting 79-7 payment of benefits to an alternate payee or other lawful payee. 79-8 Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a 79-9 plan administrator or other person acting in an equivalent capacity 79-10 determines that a domestic relations order does not satisfy the 79-11 requirements of a qualified domestic relations order or similar 79-12 order, the court retains continuing, exclusive jurisdiction over 79-13 the parties and their property to the extent necessary to render a 79-14 qualified domestic relations order. 79-15 Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally 79-16 construe this subchapter to effect payment of retirement benefits 79-17 that were divided by a previous decree that failed to contain a 79-18 qualified domestic relations order or similar order or that 79-19 contained an order that failed to meet the requirements of a 79-20 qualified domestic relations order or similar order. 79-21 (Sections 9.106-9.200 reserved for expansion) 79-22 SUBCHAPTER C. POST-DECREE DIVISION OF PROPERTY 79-23 Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT 79-24 DIVIDED ON DIVORCE OR ANNULMENT. (a) Either former spouse may 79-25 file a suit as provided by this subchapter to divide property not 79-26 divided or awarded to a spouse in a final decree of divorce or 79-27 annulment. 80-1 (b) Except as otherwise provided by this subchapter, the 80-2 suit is governed by the Texas Rules of Civil Procedure applicable 80-3 to the filing of an original lawsuit. 80-4 Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter 80-5 must be filed before the second anniversary of the date a former 80-6 spouse unequivocally repudiates the existence of the ownership 80-7 interest of the other former spouse and communicates that 80-8 repudiation to the other former spouse. 80-9 (b) The two-year limitations period is tolled for the period 80-10 that a court of this state does not have jurisdiction over the 80-11 former spouses or over the property. 80-12 Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT 80-13 HAD JURISDICTION. (a) If a court of this state failed to dispose 80-14 of property subject to division in a final decree of divorce or 80-15 annulment even though the court had jurisdiction over the spouses 80-16 or over the property, the court shall divide the property in a 80-17 manner that the court deems just and right, having due regard for 80-18 the rights of each party and any children of the marriage. 80-19 (b) If a final decree of divorce or annulment rendered by a 80-20 court in another state failed to dispose of property subject to 80-21 division under the law of that state even though the court had 80-22 jurisdiction to do so, a court of this state shall apply the law of 80-23 the other state regarding undivided property as required by Section 80-24 1, Article IV, United States Constitution (the full faith and 80-25 credit clause), and enabling federal statutes. 80-26 Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT 80-27 LACKED JURISDICTION. (a) If a court of this state failed to 81-1 dispose of property subject to division in a final decree of 81-2 divorce or annulment because the court lacked jurisdiction over a 81-3 spouse or the property, and if that court subsequently acquires the 81-4 requisite jurisdiction, that court may divide the property in a 81-5 manner that the court deems just and right, having due regard for 81-6 the rights of each party and any children of the marriage. 81-7 (b) If a final decree of divorce or annulment rendered by a 81-8 court in another state failed to dispose of property subject to 81-9 division under the law of that state because the court lacked 81-10 jurisdiction over a spouse or the property, and if a court of this 81-11 state subsequently acquires the requisite jurisdiction over the 81-12 former spouses or over the property, the court in this state may 81-13 divide the property in a manner that the court deems just and 81-14 right, having due regard for the rights of each party and any 81-15 children of the marriage. 81-16 Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide 81-17 property previously undivided in a decree of divorce or annulment 81-18 as provided by this subchapter, the court may award reasonable 81-19 attorney's fees as costs. The court may order the attorney's fees 81-20 to be paid directly to the attorney, who may enforce the order in 81-21 the attorney's own name by any means available for the enforcement 81-22 of a judgment for debt. 81-23 (Sections 9.206-9.300 reserved for expansion) 81-24 SUBCHAPTER D. DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST 81-25 Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS 81-26 BENEFICIARY OF LIFE INSURANCE. (a) If a decree of divorce or 81-27 annulment is rendered after an insured has designated the insured's 82-1 spouse as a beneficiary under a life insurance policy in force at 82-2 the time of rendition, a provision in the policy in favor of the 82-3 insured's former spouse is not effective unless: 82-4 (1) the decree designates the insured's former spouse 82-5 as the beneficiary; 82-6 (2) the insured redesignates the former spouse as the 82-7 beneficiary after rendition of the decree; or 82-8 (3) the former spouse is designated to receive the 82-9 proceeds in trust for, on behalf of, or for the benefit of a child 82-10 or a dependent of either former spouse. 82-11 (b) If a designation is not effective under Subsection (a), 82-12 the proceeds of the policy are payable to the named alternative 82-13 beneficiary or, if there is not a named alternative beneficiary, to 82-14 the estate of the insured. 82-15 (c) An insurer who pays the proceeds of a life insurance 82-16 policy issued by the insurer to the beneficiary under a designation 82-17 that is not effective under Subsection (a) is liable for payment of 82-18 the proceeds to the person or estate provided by Subsection (b) 82-19 only if: 82-20 (1) before payment of the proceeds to the designated 82-21 beneficiary, the insurer receives written notice at the home office 82-22 of the insurer from an interested person that the designation is 82-23 not effective under Subsection (a); and 82-24 (2) the insurer has not interpleaded the proceeds into 82-25 the registry of a court of competent jurisdiction in accordance 82-26 with the Texas Rules of Civil Procedure. 82-27 Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS 83-1 BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS. (a) 83-2 If a decree of divorce or annulment is rendered after a spouse, 83-3 acting in the capacity of a participant, annuitant, or account 83-4 holder, has designated the other spouse as a beneficiary under an 83-5 individual retirement account, employee stock option plan, stock 83-6 option, or other form of savings, bonus, profit-sharing, or other 83-7 employer plan or financial plan of an employee or a participant in 83-8 force at the time of rendition, the designating provision in the 83-9 plan in favor of the other former spouse is not effective unless: 83-10 (1) the decree designates the other former spouse as 83-11 the beneficiary; 83-12 (2) the designating former spouse redesignates the 83-13 other former spouse as the beneficiary after rendition of the 83-14 decree; or 83-15 (3) the other former spouse is designated to receive 83-16 the proceeds or benefits in trust for, on behalf of, or for the 83-17 benefit of a child or dependent of either former spouse. 83-18 (b) If a designation is not effective under Subsection (a), 83-19 the benefits or proceeds are payable to the named alternative 83-20 beneficiary or, if there is not a named alternative beneficiary, to 83-21 the designating former spouse. 83-22 (c) A business entity, employer, pension trust, insurer, 83-23 financial institution, or other person obligated to pay retirement 83-24 benefits or proceeds of a financial plan covered by this section 83-25 who pays the benefits or proceeds to the beneficiary under a 83-26 designation of the other former spouse that is not effective under 83-27 Subsection (a) is liable for payment of the benefits or proceeds to 84-1 the person provided by Subsection (b) only if: 84-2 (1) before payment of the benefits or proceeds to the 84-3 designated beneficiary, the payor receives written notice at the 84-4 home office or principal office of the payor from an interested 84-5 person that the designation of the beneficiary or fiduciary is not 84-6 effective under Subsection (a); and 84-7 (2) the payor has not interpleaded the benefits or 84-8 proceeds into the registry of a court of competent jurisdiction in 84-9 accordance with the Texas Rules of Civil Procedure. 84-10 (d) This section does not affect the right of a former 84-11 spouse to assert an ownership interest in an undivided pension, 84-12 retirement, annuity, or other financial plan described by this 84-13 section as provided by this subchapter. 84-14 (e) This section does not apply to the disposition of a 84-15 beneficial interest in a retirement benefit or other financial plan 84-16 of a public retirement system as defined by Section 802.001, 84-17 Government Code. 84-18 SECTION 2. Subpart D, Part 5, Chapter XIII, Texas Probate 84-19 Code, is amended by adding Sections 886-886F to read as follows: 84-20 Sec. 886. APPOINTMENT OF RECEIVER. (a) If any of the 84-21 separate property of a person reported to be a prisoner of war or 84-22 missing in action by the United States Department of Defense 84-23 appears to be in danger of injury, loss, or waste and in need of a 84-24 representative, a district judge of the county in which the person 84-25 reported to be a prisoner of war or missing in action or the spouse 84-26 of the person resides or where the endangered separate property is 84-27 located may by order, with or without application, appoint a 85-1 suitable person as receiver to take charge of the endangered 85-2 separate property. 85-3 (b) The order must include a requirement that the receiver 85-4 post bond as in ordinary receiverships in a sum the judge considers 85-5 necessary to protect the separate property and shall specify the 85-6 duties and powers of the receiver as the judge considers necessary 85-7 for the protection, conservation, and preservation of the separate 85-8 property. 85-9 (c) The clerk shall enter the order in the minutes of the 85-10 court, and the person appointed shall post bond for submission to 85-11 the judge for approval. On approval by the judge, the bond shall 85-12 be filed with the clerk. 85-13 (d) The receiver shall take charge of the endangered 85-14 separate property under the duties and powers provided by the order 85-15 of appointment and by subsequent orders as the judge shall make. 85-16 Sec. 886A. EXPENDITURES BY RECEIVER. If during the 85-17 receivership under Section 886 the needs of the spouse or dependent 85-18 children of the person reported to be a prisoner of war or missing 85-19 in action require the use of the income or corpus of the estate for 85-20 education, clothing, or subsistence, the judge may, with or without 85-21 application, by order entered in the minutes of the court, 85-22 appropriate an amount of the income or corpus sufficient for that 85-23 purpose. The income or corpus shall be used by the receiver to pay 85-24 claims for education, clothing, or subsistence that are presented 85-25 to the judge and approved and ordered to be paid. 85-26 Sec. 886B. INVESTMENTS, LOANS, AND CONTRIBUTIONS BY 85-27 RECEIVER. If during the receivership under Section 886 the 86-1 receiver has on hand an amount of money belonging to the person 86-2 reported to be a prisoner of war or missing in action in excess of 86-3 the amount needed for current necessities and expenses, the 86-4 receiver may, under direction of the judge, invest, lend, or 86-5 contribute all or a part of the excess money in the manner provided 86-6 by this chapter for investments, loans, or contributions by 86-7 guardians. The receiver shall report to the judge all transactions 86-8 involving excess money in the manner that reports are required of 86-9 guardians. 86-10 Sec. 886C. RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION. 86-11 (a) All necessary expenses incurred by the receiver in 86-12 administering the property may be reported monthly to the judge by 86-13 a sworn statement of account, including a report of: 86-14 (1) the receiver's acts; 86-15 (2) the condition of the property; 86-16 (3) the status of the threatened danger to the 86-17 property; and 86-18 (4) the progress made toward abatement of the 86-19 threatened danger. 86-20 (b) If the judge is satisfied that the statement is correct 86-21 and reasonable in all respects, the judge shall promptly by order 86-22 approve the report and authorize the reimbursement of the receiver 86-23 from the funds under the receiver's control. 86-24 (c) For official services rendered, the receiver is entitled 86-25 to be compensated in the same manner and amount as is provided by 86-26 this chapter for similar services rendered by guardians of estates. 86-27 Sec. 886D. CLOSING RECEIVERSHIP. When the threatened danger 87-1 has abated and the separate property is no longer liable to injury, 87-2 loss, or waste for the lack of a representative, the receiver 87-3 shall: 87-4 (1) report to the judge; and 87-5 (2) file with the clerk a full and final sworn account 87-6 of: 87-7 (A) all property received by the receiver; 87-8 (B) all sums paid out; 87-9 (C) all acts performed by the receiver with 87-10 respect to the property; and 87-11 (D) all property remaining in the receiver's 87-12 control. 87-13 Sec. 886E. ACTION OF JUDGE. (a) If on hearing the report 87-14 and account the judge is satisfied that the danger of injury, loss, 87-15 or waste has abated and that the report and account are correct, 87-16 the judge shall render an order so finding and shall direct the 87-17 receiver to deliver the property to the person from whom the 87-18 receiver took possession as receiver, to the person who was 87-19 reported to be a prisoner of war or missing in action, or to 87-20 another person the judge finds to be entitled to possession of the 87-21 estate. The person to whom the property is delivered shall execute 87-22 and file with the clerk an appropriate receipt for the property 87-23 delivered. 87-24 (b) The order of the judge shall discharge the receiver and 87-25 the receiver's sureties. 87-26 (c) If the judge is not satisfied that the danger has 87-27 abated, or is not satisfied with the report and account, the judge 88-1 shall render an order continuing the receivership in effect until 88-2 the judge is so satisfied. 88-3 Sec. 886F. RECORDATION OF PROCEEDINGS. All orders, bonds, 88-4 reports, accounts, and notices in the receivership proceedings 88-5 shall be recorded in the minutes of the court. 88-6 SECTION 3. Title 1, Family Code, as that title existed 88-7 before the effective date of this Act, is repealed. 88-8 SECTION 4. The change in law made by this Act does not 88-9 affect a proceeding under the Family Code pending on the effective 88-10 date of this Act. A proceeding pending on the effective date of 88-11 this Act is governed by the law in effect at the time the 88-12 proceeding was commenced, and the former law is continued in effect 88-13 for that purpose. 88-14 SECTION 5. The importance of this legislation and the 88-15 crowded condition of the calendars in both houses create an 88-16 emergency and an imperative public necessity that the 88-17 constitutional rule requiring bills to be read on three several 88-18 days in each house be suspended, and this rule is hereby suspended, 88-19 and that this Act take effect and be in force from and after its 88-20 passage, and it is so enacted.