1-1 By: Goodman, et al. (Senate Sponsor - Harris) H.B. No. 646
1-2 (In the Senate - Received from the House April 1, 1997;
1-3 April 2, 1997, read first time and referred to Committee on
1-4 Jurisprudence; April 29, 1997, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; April 29, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to jury submissions in a suit affecting the parent-child
1-9 relationship.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 105.002, Family Code, is amended by
1-12 amending Subsection (c) and adding Subsection (d) to read as
1-13 follows:
1-14 (c) In a jury trial:
1-15 (1) a party is entitled to a verdict by the jury on
1-16 the issues of:
1-17 (A) the appointment of a managing conservator;
1-18 (B) the appointment of joint managing
1-19 conservators;
1-20 (C) the appointment of a possessory conservator;
1-21 and
1-22 (D) the determination of the primary residence
1-23 of the child;
1-24 (2) a party is not entitled to a jury verdict on the
1-25 issues of:
1-26 (A) child support;
1-27 (B) a specific term or condition of possession
1-28 of or access to the child; or
1-29 (C) any right or duty of a possessory or
1-30 managing conservator, other than the issue of primary residence
1-31 determined under Subdivision (1)(D); and
1-32 (3) the court may submit to the jury an issue
1-33 described by Subdivision (2) [The court may not render an order
1-34 that contravenes the verdict of the jury, except with respect to
1-35 the issues of the specific terms and conditions of possession of
1-36 and access to the child, support of the child, and the rights,
1-37 privileges, duties, and powers of sole managing conservators, joint
1-38 managing conservators, or possessory conservators, on which the
1-39 court may submit or refuse to submit issues to the jury as the
1-40 court determines appropriate, and on which issues the jury verdict
1-41 is advisory only].
1-42 (d) The court may not contravene a jury verdict on an issue
1-43 submitted under Subsection (c)(1). A jury verdict on an issue
1-44 submitted under Subsection (c)(3) is advisory only.
1-45 SECTION 2. This Act takes effect September 1, 1997, and
1-46 applies only to a suit in which the trial on the merits has not
1-47 begun on that date, a suit in which a trial has been held and a new
1-48 trial is ordered on or after that date, and a suit filed on or
1-49 after that date. The fact of the enactment of this Act is not a
1-50 ground for a new trial.
1-51 SECTION 3. The importance of this legislation and the
1-52 crowded condition of the calendars in both houses create an
1-53 emergency and an imperative public necessity that the
1-54 constitutional rule requiring bills to be read on three several
1-55 days in each house be suspended, and this rule is hereby suspended.
1-56 * * * * *