By:  Harris                                   S.B. No. 334

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the recodification of statutes relating to the marriage

 1-2     relationship.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.   The Family Code is recodified by reenacting

 1-5     Title 1 to read as follows:

 1-6                     TITLE 1.  THE MARRIAGE RELATIONSHIP

 1-7                            SUBTITLE A.  MARRIAGE

 1-8                       CHAPTER 1.  GENERAL PROVISIONS

 1-9                         SUBCHAPTER A.  DEFINITIONS

1-10           Sec. 1.001.  APPLICABILITY OF DEFINITIONS.  (a)  The

1-11     definitions in this subchapter apply to this title.

1-12           (b)  Except as provided by this subchapter, the definitions

1-13     in Chapter 101 apply to terms used in this title.

1-14           (c)  If, in another part of this title, a term defined by

1-15     this subchapter has a meaning different from the meaning provided

1-16     by this subchapter, the meaning of that other provision prevails.

1-17           Sec. 1.002.  COURT.  "Court" means the district court,

1-18     juvenile court having the jurisdiction of a district court, or

1-19     other court expressly given jurisdiction of a suit under this

1-20     title.

1-21           Sec. 1.003.  SUIT FOR DISSOLUTION OF MARRIAGE.  "Suit for

1-22     dissolution of a marriage" includes a suit for divorce or annulment

1-23     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

 3-1     provided by statute or by the constitution, a person, regardless of

 3-2     age, who has been married in accordance with the law of this state

 3-3     has the capacity and power of an adult, including the capacity to

 3-4     contract.

 3-5           Sec. 1.105.  JOINDER IN CIVIL SUITS.   (a)  A spouse may sue

 3-6     and be sued without the joinder of the other spouse.

 3-7           (b)  When claims or liabilities are joint and several, the

 3-8     spouses may be joined under the rules relating to joinder of

 3-9     parties generally.

3-10           Sec. 1.106.  CRIMINAL CONVERSATION NOT AUTHORIZED.  A right

3-11     of action by one spouse against a third party for criminal

3-12     conversation is not authorized in this state.

3-13           Sec. 1.107.  ALIENATION OF AFFECTION NOT AUTHORIZED.  A right

3-14     of action by one spouse against a third party for alienation of

3-15     affection is not authorized in this state.

3-16           Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A

3-17     promise or agreement made on consideration of marriage or

3-18     nonmarital conjugal cohabitation is not enforceable unless the

3-19     promise or agreement or a memorandum of the promise or agreement is

3-20     in writing and signed by the person obligated by the promise or

3-21     agreement.

3-22                    CHAPTER 2.  THE MARRIAGE RELATIONSHIP

3-23               SUBCHAPTER A.  APPLICATION FOR MARRIAGE LICENSE

3-24           Sec. 2.001.  MARRIAGE LICENSE.  (a)  A man and a woman

3-25     desiring to enter into a ceremonial marriage must obtain a marriage

 4-1     license from the county clerk of any county of this state.

 4-2           (b)  A license may not be issued for the marriage of persons

 4-3     of the same sex.

 4-4           Sec. 2.002.  Application for License.  Except as provided by

 4-5     Section 2.006, each person applying for a license must:

 4-6                 (1)  appear before the county clerk;

 4-7                 (2)  submit the person's proof of identity and age as

 4-8     provided by this subchapter;

 4-9                 (3)  provide the information applicable to that person

4-10     for which spaces are provided in the application for a marriage

4-11     license;

4-12                 (4)  mark the appropriate boxes provided in the

4-13     application; and

4-14                 (5)  take the oath printed on the application and sign

4-15     the application before the county clerk.

4-16           Sec. 2.003.  Application for License by Minor.  In addition

4-17     to the other requirements provided by this chapter, a person under

4-18     18 years of age applying for a license must provide to the county

4-19     clerk:

4-20                 (1)  documents establishing, as provided by Section

4-21     2.102, parental consent for the person to the marriage;

4-22                 (2)  documents establishing that a prior marriage of

4-23     the person has been dissolved; or

4-24                 (3)  a court order granted under Section 2.103

4-25     authorizing the marriage of the person.

 5-1           Sec. 2.004.  Application Form.  (a)  The county clerk shall

 5-2     furnish the application form as prescribed by the bureau of vital

 5-3     statistics.

 5-4           (b)  The application form must contain:

 5-5                 (1)  a heading entitled "Application for Marriage

 5-6     License, ____________ County, Texas";

 5-7                 (2)  spaces for each applicant's full name, including

 5-8     the woman's maiden surname, address, social security number, if

 5-9     any, date of birth, and place of birth, including city, county, and

5-10     state;

5-11                 (3)  a space for indicating the document tendered by

5-12     each applicant as proof of identity and age;

5-13                 (4)  spaces for indicating whether each applicant has

5-14     been divorced within the last 30 days;

5-15                 (5)  printed boxes for each applicant to check "true"

5-16     or "false" in response to the following statement:  "I am not

5-17     presently married.";

5-18                 (6)  printed boxes for each applicant to check "true"

5-19     or "false" in response to the following statement:  "The other

5-20     applicant is not related to me as:

5-21                       (A)  an ancestor or descendant, by blood or

5-22     adoption;

5-23                       (B)  a brother or sister, of the whole or half

5-24     blood or by adoption;

5-25                       (C)  a parent's brother or sister, of the whole

 6-1     or half blood or by adoption; or

 6-2                       (D)  a son or daughter of a brother or sister, of

 6-3     the whole or half blood or by adoption.";

 6-4                 (7)  a printed oath reading:  "I SOLEMNLY SWEAR (OR

 6-5     AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

 6-6     CORRECT.";

 6-7                 (8)  spaces immediately below the printed oath for the

 6-8     applicants' signatures;

 6-9                 (9)  a certificate of the county clerk that:

6-10                       (A)  each applicant made the oath and the date

6-11     and place that it was made; or

6-12                       (B)  an applicant did not appear personally but

6-13     the prerequisites for the license have been fulfilled as provided

6-14     by this chapter;

6-15                 (10)  spaces for indicating the date of the marriage

6-16     and the county in which the marriage is performed; and

6-17                 (11)  a space for the address to which the applicants

6-18     desire the completed license to be mailed.

6-19           Sec. 2.005.  Proof of Identity and Age.  (a)  The county

6-20     clerk shall require proof of the identity and age of each

6-21     applicant.

6-22           (b)  The proof must be established by a certified copy of the

6-23     applicant's birth certificate or by some certificate, license, or

6-24     document issued by this state or another state, the United States,

6-25     or a foreign government.

 7-1           Sec. 2.006.  Absent Applicant.  (a)  If an applicant is

 7-2     unable to appear personally before the county clerk to apply for a

 7-3     marriage license, any adult person or the other applicant may apply

 7-4     on behalf of the absent applicant.

 7-5           (b)  The person applying on behalf of an absent applicant

 7-6     shall provide to the clerk:

 7-7                 (1)  the affidavit of the absent applicant as provided

 7-8     by this subchapter;

 7-9                 (2)  proof of the identity and age of the absent

7-10     applicant as provided by this subchapter; and

7-11                 (3)  if required because the absent applicant is a

7-12     person under 18 years of age, the documents establishing parental

7-13     consent, documents establishing that a prior marriage has been

7-14     dissolved, or a court order authorizing the marriage of the absent,

7-15     underage applicant.

7-16           Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit of

7-17     an absent applicant must include:

7-18                 (1)  the absent applicant's full name, including the

7-19     maiden surname of a female applicant, address, date of birth, place

7-20     of birth, including city, county, and state, citizenship, and

7-21     social security number, if any;

7-22                 (2)  a declaration that the absent applicant has not

7-23     been divorced within the last 30 days;

7-24                 (3)  a declaration that the absent applicant is:

7-25                       (A)  not presently married; or

 8-1                       (B)  married to the other applicant and they wish

 8-2     to marry again;

 8-3                 (4)  a declaration that the other applicant is not

 8-4     related to the absent applicant as:

 8-5                       (A)  an ancestor or descendant, by blood or

 8-6     adoption;

 8-7                       (B)  a brother or sister, of the whole or half

 8-8     blood or by adoption;

 8-9                       (C)  a parent's brother or sister, of the whole

8-10     or half blood or by adoption; or

8-11                       (D)  a son or daughter of a brother or sister, of

8-12     the whole or half blood or by adoption;

8-13                 (5)  a declaration that the absent applicant desires to

8-14     marry and the name, age, and address of the person to whom the

8-15     absent applicant desires to be married;

8-16                 (6)  the approximate date on which the marriage is to

8-17     occur;

8-18                 (7)  the reason the absent applicant is unable to

8-19     appear personally before the county clerk for the issuance of the

8-20     license; and

8-21                 (8)  if the absent applicant will be unable to attend

8-22     the ceremony, the appointment of any adult, other than the other

8-23     applicant, to act as proxy for the purpose of participating in the

8-24     ceremony.

8-25           Sec. 2.008.  Execution of Application by Clerk.  (a)  The

 9-1     county clerk shall:

 9-2                 (1)  determine that all necessary information, other

 9-3     than the date of the marriage ceremony, the county in which the

 9-4     ceremony is conducted, and the name of the person who performs the

 9-5     ceremony, is recorded on the application and that all necessary

 9-6     documents are submitted;

 9-7                 (2)  administer the oath to each applicant appearing

 9-8     before the clerk;

 9-9                 (3)  have each applicant appearing before the clerk

9-10     sign the application in the clerk's presence; and

9-11                 (4)  execute the clerk's certificate on the

9-12     application.

9-13           (b)  A person appearing before the clerk on behalf of an

9-14     absent applicant is not required to take the oath on behalf of the

9-15     absent applicant.

9-16           Sec. 2.009.  Issuance of License.  (a)  Except as provided by

9-17     Subsection (b), the county clerk may not issue a license if either

9-18     applicant:

9-19                 (1)  fails to provide the information required by this

9-20     subchapter;

9-21                 (2)  fails to submit proof of age and identity;

9-22                 (3)  is under 14 years of age and has not been granted

9-23     a court order as provided by Section 2.103;

9-24                 (4)  is 14 years of age or older but under 18 years of

9-25     age and has not presented at least one of the following:

 10-1                      (A)  parental consent as provided by Section

 10-2    2.102;

 10-3                      (B)  documents establishing that a prior marriage

 10-4    of the applicant has been dissolved; or

 10-5                      (C)  a court order as provided by Section 2.103;

 10-6                (5)  checks "false" in response to a statement in the

 10-7    application, except as provided by Subsection (b), or fails to make

 10-8    a required declaration in an affidavit required of an absent

 10-9    applicant; or

10-10                (6)  indicates that the applicant has been divorced by

10-11    a decree of a court of this state within the last 30 days, unless:

10-12                      (A)  the applicants were divorced from each

10-13    other; or

10-14                      (B)  the prohibition against remarriage is waived

10-15    as provided by Section 6.802.

10-16          (b)  If an applicant checks "false" in response to the

10-17    statement "I am not presently married," the county clerk shall

10-18    inquire as to whether the applicant is presently married to the

10-19    other applicant.  If the applicant states that the applicant is

10-20    currently married to the other applicant, the county clerk shall

10-21    record that statement on the license before the administration of

10-22    the oath.  The county clerk may not refuse to issue a license on

10-23    the ground that the applicants are already married to each other.

10-24          (c)  On the proper execution of the application, the clerk

10-25    shall:

 11-1                (1)  prepare the license;

 11-2                (2)  record on the reverse side of the license the

 11-3    names of the licensees, the date that the license is issued, and,

 11-4    if applicable, the name of the person appointed to act as proxy for

 11-5    an absent applicant, if any;

 11-6                (3)  record the time at which the license was issued;

 11-7    and

 11-8                (4)  distribute to each applicant printed materials

 11-9    about acquired immune deficiency syndrome (AIDS) and human

11-10    immunodeficiency virus (HIV) and note on the license that the

11-11    distribution was made.

11-12          Sec. 2.010.  AIDS INFORMATION.  Materials providing

11-13    information about acquired immune deficiency syndrome (AIDS) and

11-14    human immunodeficiency virus (HIV) shall be prepared and provided

11-15    to the clerk by the Texas Department of Health and shall be

11-16    designed to inform the applicants about:

11-17                (1)  the incidence and mode of transmission of AIDS and

11-18    HIV;

11-19                (2)  the local availability of medical procedures,

11-20    including voluntary testing, designed to show or help show whether

11-21    a person has AIDS or HIV infection, antibodies to HIV, or infection

11-22    with any other probable causative agent of AIDS; and

11-23                (3)  available and appropriate counseling services

11-24    regarding AIDS and HIV infection.

11-25          Sec. 2.011.  RECORDING.  The county clerk shall record all

 12-1    licenses issued by the clerk and all documents submitted with an

 12-2    application for a license or note a summary of the documents on the

 12-3    application.

 12-4          Sec. 2.012.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

 12-5    clerk or deputy county clerk who violates or fails to comply with

 12-6    this subchapter commits an offense.  An offense under this section

 12-7    is a misdemeanor punishable by a fine of not less than $200 and not

 12-8    more than $500.

 12-9               (Sections 2.013-2.100 reserved for expansion)

12-10                    SUBCHAPTER B.  UNDERAGE APPLICANTS

12-11          Sec. 2.101.  GENERAL AGE REQUIREMENT.  Except as otherwise

12-12    provided by this subchapter or on a showing that a prior marriage

12-13    has been dissolved, a county clerk may not issue a marriage license

12-14    if either applicant is under 18 years of age.

12-15          Sec. 2.102.  PARENTAL CONSENT FOR UNDERAGE APPLICANT.

12-16    (a)  If an applicant is 14 years of age or older but under 18 years

12-17    of age, the county clerk shall issue the license if parental

12-18    consent is given as provided by this section.

12-19          (b)  Parental consent must be evidenced by a written

12-20    declaration on a form supplied by the county clerk in which the

12-21    person consents to the marriage and swears that the person is a

12-22    parent (if there is no judicially designated managing conservator

12-23    or guardian of the applicant's person) or a judicially designated

12-24    managing conservator or guardian (whether an individual, authorized

12-25    agency, or court) of the applicant's person.

 13-1          (c)  Except as otherwise provided by this section, consent

 13-2    must be acknowledged before a county clerk.

 13-3          (d)  If the person giving parental consent resides in another

 13-4    state, the consent may be acknowledged before an officer authorized

 13-5    to issue marriage licenses in that state.

 13-6          (e)  If the person giving parental consent is unable because

 13-7    of illness or incapacity to comply with the provisions of

 13-8    Subsection (c) or (d), the consent may be acknowledged before any

 13-9    officer authorized to take acknowledgments.  A consent under this

13-10    subsection must be accompanied by a physician's affidavit stating

13-11    that the person giving parental consent is unable to comply because

13-12    of illness or incapacity.

13-13          (f)  Parental consent must be given at the time the

13-14    application for the marriage license is made or not earlier than

13-15    the 30th day preceding the date the application is made.

13-16          Sec. 2.103.  COURT ORDER FOR UNDERAGE APPLICANT.  (a)  A

13-17    minor may petition the court in the minor's own name for an order

13-18    granting permission to marry.  In a suit under this section, the

13-19    trial judge may advance the suit if the best interest of the

13-20    applicant would be served by an early hearing.

13-21          (b)  The petition must be filed in the county where a parent

13-22    resides if a managing conservator or a guardian of the person has

13-23    not been appointed.  If a managing conservator or a guardian of the

13-24    person has been appointed, the petition must be filed in the county

13-25    where the managing conservator or the guardian of the person

 14-1    resides.  If no person authorized to consent to marriage for the

 14-2    minor resides in this state, the petition must be filed in the

 14-3    county where the minor lives.

 14-4          (c)  The petition must include:

 14-5                (1)  a statement of the reasons the minor desires to

 14-6    marry;

 14-7                (2)  a statement of whether each parent is living or is

 14-8    dead;

 14-9                (3)  the name and residence address of each living

14-10    parent; and

14-11                (4)  a statement of whether a managing conservator or a

14-12    guardian of the person has been appointed for the minor.

14-13          (d)  Process shall be served as in other civil cases on each

14-14    living parent of the minor or, if a managing conservator or a

14-15    guardian of the person has been appointed, on the managing

14-16    conservator or guardian of the person.  Citation may be given by

14-17    publication as in other civil cases, except that notice shall be

14-18    published one time only.

14-19          (e)  The court shall appoint a guardian ad litem to represent

14-20    the minor in the proceeding and to speak for or against the

14-21    petition in the manner the guardian ad litem believes to be in the

14-22    best interest of the minor.  The court shall specify a fee to be

14-23    paid by the minor for the services of the guardian ad litem.  The

14-24    fee shall be collected in the same manner as other costs of the

14-25    proceeding.

 15-1          (f)  If after a hearing the court, sitting without a jury,

 15-2    believes marriage to be in the best interest of the minor, the

 15-3    court, by order, shall grant the minor permission to marry.

 15-4               (Sections 2.104-2.200 reserved for expansion)

 15-5               SUBCHAPTER C.  CEREMONY AND RETURN OF LICENSE

 15-6          Sec. 2.201.  EXPIRATION OF LICENSE.  If a marriage ceremony

 15-7    has not been conducted before the 31st day after the date the

 15-8    license is issued, the marriage license expires.

 15-9          Sec. 2.202.  PERSONS AUTHORIZED TO CONDUCT CEREMONY.

15-10    (a)  The following persons are authorized to conduct a marriage

15-11    ceremony:

15-12                (1)  a licensed or ordained Christian minister or

15-13    priest;

15-14                (2)  a Jewish rabbi;

15-15                (3)  a person who is an officer of a religious

15-16    organization and who is authorized by the organization to conduct a

15-17    marriage ceremony; and

15-18                (4)  a justice of the supreme court, judge of the court

15-19    of criminal appeals, justice of the courts of appeals, judge of the

15-20    district, county, and probate courts, judge of the county courts at

15-21    law, judge of the courts of domestic relations, judge of the

15-22    juvenile courts, retired justice or judge of those courts, justice

15-23    of the peace, retired justice of the peace, or judge or magistrate

15-24    of a federal court of this state.

15-25          (b)  For the purposes of this section, a retired judge or

 16-1    justice is a former judge or justice who is vested in the Judicial

 16-2    Retirement System of Texas Plan One or the Judicial Retirement

 16-3    System of Texas Plan Two or who has an aggregate of at least 12

 16-4    years of service as judge or justice of any type listed in

 16-5    Subsection (a)(4).

 16-6          Sec. 2.203.  CEREMONY.  (a)  On receiving an unexpired

 16-7    marriage license, an authorized person may conduct the marriage

 16-8    ceremony as provided by this subchapter.

 16-9          (b)  A person unable to appear for the ceremony may assent to

16-10    marriage by the appearance of a proxy appointed in the affidavit

16-11    authorized by Subchapter A.

16-12          Sec. 2.204.  72-HOUR WAITING PERIOD; EXCEPTIONS.  (a)  Except

16-13    as provided by this section, a marriage ceremony may not take place

16-14    during the 72-hour period immediately following the issuance of the

16-15    marriage license.

16-16          (b)  The 72-hour waiting period after issuance of a marriage

16-17    license does not apply to an applicant who:

16-18                (1)  is a member of the armed forces of the United

16-19    States and on active duty; or

16-20                (2)  obtains a written waiver under Subsection (c).

16-21          (c)  An applicant may request a judge of a court with

16-22    jurisdiction in family law cases, a justice of the supreme court, a

16-23    judge of the court of criminal appeals, or a judge of a court of

16-24    appeals for a written waiver permitting the marriage ceremony to

16-25    take place during the 72-hour period immediately following the

 17-1    issuance of the marriage license.  If the judge finds that there is

 17-2    good cause for the marriage to take place during the period, the

 17-3    judge shall sign the waiver.

 17-4          Sec. 2.205.  DISCRIMINATION IN CONDUCTING MARRIAGE

 17-5    PROHIBITED.  (a)  A person authorized to conduct a marriage

 17-6    ceremony by this subchapter is prohibited from discriminating on

 17-7    the basis of race, religion, or national origin against an

 17-8    applicant who is otherwise competent to be married.

 17-9          (b)  On a finding by the State Commission on Judicial Conduct

17-10    that a person has intentionally violated Subsection (a), the

17-11    commission may recommend to the supreme court that the person be

17-12    removed from office.

17-13          Sec. 2.206.  RETURN OF LICENSE; PENALTY.  (a)  The person who

17-14    conducts a marriage ceremony shall record on the license the date

17-15    on which and the county in which the ceremony is performed and the

17-16    person's name, subscribe the license, and return the license to the

17-17    county clerk who issued it not later than the 30th day after the

17-18    date the ceremony is conducted.

17-19          (b)  A person who fails to comply with this section commits

17-20    an offense.  An offense under this section is a misdemeanor

17-21    punishable by a fine of not less than $200 and not more than $500.

17-22          Sec. 2.207.  MARRIAGE CONDUCTED AFTER LICENSE EXPIRED;

17-23    PENALTY.  (a)  A person who is to conduct a marriage ceremony shall

17-24    determine whether the license has expired from the county clerk's

17-25    endorsement on the license.

 18-1          (b)  A person who conducts a marriage ceremony after the

 18-2    marriage license has expired commits an offense.  An offense under

 18-3    this section is a misdemeanor punishable by a fine of not less than

 18-4    $200 and not more than $500.

 18-5          Sec. 2.208.  RECORDING AND DELIVERY OF LICENSE.  (a)  The

 18-6    county clerk shall record a returned marriage license and mail the

 18-7    license to the address indicated on the application.

 18-8          (b)  On the application form the county clerk shall record:

 18-9                (1)  the date of the marriage ceremony;

18-10                (2)  the county in which the ceremony was conducted;

18-11    and

18-12                (3)  the name of the person who conducted the ceremony.

18-13          Sec. 2.209.  DUPLICATE LICENSE.  (a)  On the application and

18-14    proof of identity of a person whose marriage is recorded in the

18-15    records of the county clerk, the county clerk shall issue a

18-16    duplicate marriage license completed with information as contained

18-17    in the records.

18-18          (b)  On the application and proof of identity of both persons

18-19    to whom a marriage license was issued but not recorded as required

18-20    by Section 2.208, the county clerk shall issue a duplicate license

18-21    if each person applying submits to the clerk an affidavit stating:

18-22                (1)  that the persons to whom the original license was

18-23    issued were married to each other before the expiration date of the

18-24    original license by a person authorized to conduct a marriage

18-25    ceremony;

 19-1                (2)  the name of the person who conducted the ceremony;

 19-2    and

 19-3                (3)  the date of the ceremony.

 19-4               (Sections 2.210-2.300 reserved for expansion)

 19-5                    SUBCHAPTER D.  VALIDITY OF MARRIAGE

 19-6          Sec. 2.301.  FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING

 19-7    LICENSE.  Except as otherwise provided by this chapter, the

 19-8    validity of a marriage is not affected by any fraud, mistake, or

 19-9    illegality that occurred in obtaining the marriage license.

19-10          Sec. 2.302.  CEREMONY CONDUCTED BY UNAUTHORIZED PERSON.  The

19-11    validity of a marriage is not affected by the lack of authority of

19-12    the person conducting the marriage ceremony if:

19-13                (1)  there was a reasonable appearance of authority by

19-14    that person; and

19-15                (2)  at least one party to the marriage participated in

19-16    the ceremony in good faith and that party treats the marriage as

19-17    valid.

19-18               (Sections 2.303-2.400 reserved for expansion)

19-19                SUBCHAPTER E.  MARRIAGE WITHOUT FORMALITIES

19-20          Sec. 2.401.  PROOF OF INFORMAL MARRIAGE.  (a)  In a judicial,

19-21    administrative, or other proceeding, the marriage of a man and

19-22    woman may be proved by evidence that:

19-23                (1)  a declaration of their marriage has been signed as

19-24    provided by this subchapter; or

19-25                (2)  the man and woman agreed to be married and after

 20-1    the agreement they lived together in this state as husband and wife

 20-2    and there represented to others that they were married.

 20-3          (b)  If a proceeding in which a marriage is to be proved as

 20-4    provided by Subsection (a)(2) is not commenced before the second

 20-5    anniversary of the date on which the parties separated and ceased

 20-6    living together, it is rebuttably presumed that the parties did not

 20-7    enter into an agreement to be married.

 20-8          Sec. 2.402.  DECLARATION AND REGISTRATION OF INFORMAL

 20-9    MARRIAGE.  (a)  A declaration of informal marriage must be signed

20-10    on a form prescribed by the bureau of vital statistics and provided

20-11    by the county clerk.  Each party to the declaration shall provide

20-12    the information required in the form.

20-13          (b)  The declaration form must contain:

20-14                (1)  a heading entitled "Declaration and Registration

20-15    of Informal Marriage, ___________ County, Texas";

20-16                (2)  spaces for each party's full name, including the

20-17    woman's maiden surname, address, date of birth, place of birth,

20-18    including city, county, and state, and social security number, if

20-19    any;

20-20                (3)  a space for indicating the type of document

20-21    tendered by each party as proof of age and identity;

20-22                (4)  printed boxes for each party to check "true" or

20-23    "false" in response to the following statement:  "The other party

20-24    is not related to me as:

20-25                      (A)  an ancestor or descendant, by blood or

 21-1    adoption;

 21-2                      (B)  a brother or sister, of the whole or half

 21-3    blood or by adoption;

 21-4                      (C)  a parent's brother or sister, of the whole

 21-5    or half blood or by adoption; or

 21-6                      (D)  a son or daughter of a brother or sister, of

 21-7    the whole or half blood or by adoption.";

 21-8                (5)  a printed declaration and oath reading:  "I

 21-9    SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO

21-10    EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE

21-11    AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS

21-12    HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE

21-13    WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE

21-14    NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS DECLARATION IS TRUE AND

21-15    THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";

21-16                (6)  spaces immediately below the printed declaration

21-17    and oath for the parties' signatures; and

21-18                (7)  a certificate of the county clerk that the parties

21-19    made the declaration and oath and the place and date it was made.

21-20          (c)  If either party is underage at the time of filing a

21-21    declaration, the declaration must have attached an acknowledged

21-22    consent signed by a parent of each underage person.

21-23          Sec. 2.403.  PROOF OF IDENTITY AND AGE.  The county clerk

21-24    shall require proof of the identity and age of each party to the

21-25    declaration of informal marriage to be established by a certified

 22-1    copy of the party's birth certificate or by some certificate,

 22-2    license, or document issued by this state or another state, the

 22-3    United States, or a foreign government.

 22-4          Sec. 2.404.  RECORDING OF DECLARATION OF INFORMAL MARRIAGE.

 22-5    (a)  The county clerk shall:

 22-6                (1)  determine that all necessary information is

 22-7    recorded on the declaration of informal marriage form and that all

 22-8    necessary documents are submitted to the clerk;

 22-9                (2)  administer the oath to each party to the

22-10    declaration;

22-11                (3)  have each party sign the declaration in the

22-12    clerk's presence; and

22-13                (4)  execute the clerk's certificate to the

22-14    declaration.

22-15          (b)  The county clerk may not certify or record the

22-16    declaration if:

22-17                (1)  either party fails to supply any information or

22-18    provide any document required by this subchapter;

22-19                (2)  either party is under 16 years of age and waiver

22-20    of the age requirement has not been ordered; or

22-21                (3)  either party checks "false" in response to the

22-22    statement of relationship to the other party.

22-23          (c)  On execution of the declaration, the county clerk shall

22-24    record the declaration and all documents submitted with the

22-25    declaration or note a summary of them on the declaration form,

 23-1    deliver the original of the declaration to the parties, and send a

 23-2    copy to the bureau of vital statistics.

 23-3          (d)  A declaration recorded as provided in this section is

 23-4    prima facie evidence of the marriage of the parties.

 23-5          (e)  At the time the parties sign the declaration, the clerk

 23-6    shall distribute to each party printed materials about acquired

 23-7    immune deficiency syndrome (AIDS) and human immunodeficiency virus

 23-8    (HIV).  The clerk shall note on the declaration that the

 23-9    distribution was made.  The materials shall be prepared and

23-10    provided to the clerk by the Texas Department of Health and shall

23-11    be designed to inform the parties about:

23-12                (1)  the incidence and mode of transmission of AIDS and

23-13    HIV;

23-14                (2)  the local availability of medical procedures,

23-15    including voluntary testing, designed to show or help show whether

23-16    a person has AIDS or HIV infection, antibodies to HIV, or infection

23-17    with any other probable causative agent of AIDS; and

23-18                (3)  available and appropriate counseling services

23-19    regarding AIDS and HIV infection.

23-20          Sec. 2.405.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

23-21    clerk or deputy county clerk who violates this subchapter commits

23-22    an offense.  An offense under this section is a misdemeanor

23-23    punishable by a fine of not less than $200 and not more than $500.

23-24               (Sections 2.406-2.500 reserved for expansion)

 24-1                SUBCHAPTER F.  RIGHTS AND DUTIES OF SPOUSES

 24-2          Sec. 2.501.  DUTY TO SUPPORT.  (a)  Each spouse has the duty

 24-3    to support the other spouse.

 24-4          (b)  A spouse who fails to discharge the duty of support is

 24-5    liable to any person who provides necessaries to the spouse to whom

 24-6    support is owed.

 24-7               SUBTITLE B.  PROPERTY RIGHTS AND LIABILITIES

 24-8            CHAPTER 3.  MARITAL PROPERTY RIGHTS AND LIABILITIES

 24-9     SUBCHAPTER A.  GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

24-10          Sec. 3.001.  SEPARATE PROPERTY.  A spouse's separate property

24-11    consists of:

24-12                (1)  the property owned or claimed by the spouse before

24-13    marriage;

24-14                (2)  the property acquired by the spouse during

24-15    marriage by gift, devise, or descent; and

24-16                (3)  the recovery for personal injuries sustained by

24-17    the spouse during marriage, except any recovery for loss of earning

24-18    capacity during marriage.

24-19          Sec. 3.002.  COMMUNITY PROPERTY.  Community property consists

24-20    of the property, other than separate property, acquired by either

24-21    spouse during marriage.

24-22          Sec. 3.003.  PRESUMPTION OF COMMUNITY PROPERTY.

24-23    (a)  Property possessed by either spouse during or on dissolution

24-24    of marriage is presumed to be community property.

24-25          (b)  The degree of proof necessary to establish that property

 25-1    is separate property is clear and convincing evidence.

 25-2          Sec. 3.004.  RECORDATION OF SEPARATE PROPERTY.  (a)  A

 25-3    subscribed and acknowledged schedule of a spouse's separate

 25-4    property may be recorded in the deed records of the county in which

 25-5    the parties, or one of them, reside and in the county or counties

 25-6    in which the real property is located.

 25-7          (b)  A schedule of a spouse's separate real property is not

 25-8    constructive notice to a good faith purchaser for value or a

 25-9    creditor without actual notice unless the instrument is

25-10    acknowledged and recorded in the deed records of the county in

25-11    which the real property is located.

25-12          Sec. 3.005.  GIFTS BETWEEN SPOUSES.  If one spouse makes a

25-13    gift of property to the other spouse, the gift is presumed to

25-14    include all the income and property that may arise from that

25-15    property.

25-16               (Sections 3.006-3.100 reserved for expansion)

25-17          SUBCHAPTER B.  MANAGEMENT, CONTROL, AND DISPOSITION OF

25-18                             MARITAL PROPERTY

25-19          Sec. 3.101.  MANAGING SEPARATE PROPERTY.  Each spouse has the

25-20    sole management, control, and disposition of that spouse's separate

25-21    property.

25-22          Sec. 3.102.  MANAGING COMMUNITY PROPERTY.  (a)  During

25-23    marriage, each spouse has the sole management, control, and

25-24    disposition of the community property that the spouse would have

25-25    owned if single, including:

 26-1                (1)  personal earnings;

 26-2                (2)  revenue from separate property;

 26-3                (3)  recoveries for personal injuries; and

 26-4                (4)  the increase and mutations of, and the revenue

 26-5    from, all property subject to the spouse's sole management,

 26-6    control, and disposition.

 26-7          (b)  If community property subject to the sole management,

 26-8    control, and disposition of one spouse is mixed or combined with

 26-9    community property subject to the sole management, control, and

26-10    disposition of the other spouse, then the mixed or combined

26-11    community property is subject to the joint management, control, and

26-12    disposition of the spouses, unless the spouses provide otherwise by

26-13    power of attorney in writing or other agreement.

26-14          (c)  Except as provided by Subsection (a), community property

26-15    is subject to the joint management, control, and disposition of the

26-16    spouses unless the spouses provide otherwise by power of attorney

26-17    in writing or other agreement.

26-18          Sec. 3.103.  MANAGING EARNINGS OF MINOR.  During the marriage

26-19    of the parents of an unemancipated minor for whom a managing

26-20    conservator has not been appointed, the earnings of the minor are

26-21    subject to the joint management, control, and disposition of the

26-22    parents of the minor, unless otherwise provided by agreement of the

26-23    parents or by judicial order.

26-24          Sec. 3.104.  PROTECTION OF THIRD PERSONS.  (a)  During

26-25    marriage, property is presumed to be subject to the sole

 27-1    management, control, and disposition of a spouse if it is held in

 27-2    that spouse's name, as shown by muniment, contract, deposit of

 27-3    funds, or other evidence of ownership, or if it is in that spouse's

 27-4    possession and is not subject to such evidence of ownership.

 27-5          (b)  A third person dealing with a spouse is entitled to

 27-6    rely, as against the other spouse or anyone claiming from that

 27-7    spouse, on that spouse's authority to deal with the property if:

 27-8                (1)  the property is presumed to be subject to the sole

 27-9    management, control, and disposition of the spouse; and

27-10                (2)  the person dealing with the spouse:

27-11                      (A)  is not a party to a fraud on the other

27-12    spouse or another person; and

27-13                      (B)  does not have actual or constructive notice

27-14    of the spouse's lack of authority.

27-15               (Sections 3.105-3.200 reserved for expansion)

27-16                SUBCHAPTER C.  MARITAL PROPERTY LIABILITIES

27-17          Sec. 3.201.  SPOUSAL LIABILITY.  (a)  A person is personally

27-18    liable for the acts of the person's spouse only if:

27-19                (1)  the spouse acts as an agent for the person; or

27-20                (2)  the spouse incurs a debt for necessaries as

27-21    provided by Subchapter F, Chapter 2.

27-22          (b)  Except as provided by this subchapter, community

27-23    property is not subject to a liability that arises from an act of a

27-24    spouse.

27-25          (c)  A spouse does not act as an agent for the other spouse

 28-1    solely because of the marriage relationship.

 28-2          Sec. 3.202.  RULES OF MARITAL PROPERTY LIABILITY.  (a)  A

 28-3    spouse's separate property is not subject to liabilities of the

 28-4    other spouse unless both spouses are liable by other rules of law.

 28-5          (b)  Unless both spouses are personally liable as provided by

 28-6    this subchapter, the community property subject to a spouse's sole

 28-7    management, control, and disposition is not subject to:

 28-8                (1)  any liabilities that the other spouse incurred

 28-9    before marriage; or

28-10                (2)  any nontortious liabilities that the other spouse

28-11    incurs during marriage.

28-12          (c)  The community property subject to a spouse's sole or

28-13    joint management, control, and disposition is subject to the

28-14    liabilities incurred by the spouse before or during marriage.

28-15          (d)  All community property is subject to tortious liability

28-16    of either spouse incurred during marriage.

28-17          Sec. 3.203.  ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.

28-18    (a)  A judge may determine, as deemed just and equitable, the order

28-19    in which particular separate or community property is subject to

28-20    execution and sale to satisfy a judgment, if the property subject

28-21    to liability for a judgment includes any combination of:

28-22                (1)  a spouse's separate property;

28-23                (2)  community property subject to a spouse's sole

28-24    management, control, and disposition;

28-25                (3)  community property subject to the other spouse's

 29-1    sole management, control, and disposition; and

 29-2                (4)  community property subject to the spouses' joint

 29-3    management, control, and disposition.

 29-4          (b)  In determining the order in which particular property is

 29-5    subject to execution and sale, the judge shall consider the facts

 29-6    surrounding the transaction or occurrence on which the suit is

 29-7    based.

 29-8               (Sections 3.204-3.300 reserved for expansion)

 29-9          SUBCHAPTER D.  MANAGEMENT, CONTROL, AND DISPOSITION OF

29-10               MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES

29-11          Sec. 3.301.  INCAPACITATED, MISSING, ABANDONED, OR SEPARATED

29-12    SPOUSE.  (a)  A spouse may file a sworn petition stating the facts

29-13    that make it desirable for the petitioning spouse to manage,

29-14    control, and dispose of community property described or defined in

29-15    the petition that would otherwise be subject to the sole or joint

29-16    management, control, and disposition of the other spouse if:

29-17                (1)  because of physical or mental incapacity, the

29-18    other spouse is unable to manage, control, or dispose of the

29-19    community property subject to that spouse's sole or joint

29-20    management, control, and disposition;

29-21                (2)  the other spouse has disappeared and that spouse's

29-22    location remains unknown to the petitioning spouse, unless the

29-23    spouse is reported to be a prisoner of war or missing on public

29-24    service;

29-25                (3)  the other spouse has permanently abandoned the

 30-1    petitioning spouse; or

 30-2                (4)  the spouses are permanently separated.

 30-3          (b)  The petition may be filed in a court in the county in

 30-4    which the petitioner resided at the time the incapacity or

 30-5    separation began, or the abandonment or disappearance occurred, not

 30-6    earlier than the 60th day after the date of the occurrence of the

 30-7    event.  If both spouses are nonresidents of this state at the time

 30-8    the petition is filed, the petition may be filed in a court in a

 30-9    county in which any part of the described or defined community

30-10    property is located.

30-11          Sec. 3.302.  SPOUSE MISSING ON PUBLIC SERVICE.  (a)  If a

30-12    spouse is reported by an executive department of the United States

30-13    to be a prisoner of war or missing on the public service of the

30-14    United States, the spouse of the prisoner of war or missing person

30-15    may file a sworn petition stating the facts that make it desirable

30-16    for the petitioner to manage, control, and dispose of the community

30-17    property described or defined in the petition that would otherwise

30-18    be subject to the sole or joint management, control, and

30-19    disposition of the imprisoned or missing spouse.

30-20          (b)  The petition may be filed in a court in the county in

30-21    which the petitioner resided at the time the report was made not

30-22    earlier than six months after the date of the notice that a spouse

30-23    is reported to be a prisoner of war or missing on public service.

30-24    If both spouses were nonresidents of this state at the time the

30-25    report was made, the petition shall be filed in a court in a county

 31-1    in which any part of the described or defined property is located.

 31-2          Sec. 3.303.  APPOINTMENT OF ATTORNEY.  (a)  Except as

 31-3    provided by Subsection (b), the court may appoint an attorney in a

 31-4    suit filed under this subchapter for the respondent.

 31-5          (b)  The court shall appoint an attorney in a suit filed

 31-6    under this subchapter for a respondent reported to be a prisoner of

 31-7    war or missing on public service.

 31-8          (c)  The court shall allow a reasonable fee for an appointed

 31-9    attorney's services as a part of the costs of the suit.

31-10          Sec. 3.304.  NOTICE OF HEARING; CITATION.  (a)  Notice of the

31-11    hearing, accompanied by a copy of the petition, shall be issued and

31-12    served on the attorney representing the respondent, if an attorney

31-13    has been appointed.

31-14          (b)  If an attorney has not been appointed for the

31-15    respondent, citation shall be issued and served on the respondent

31-16    as in other civil cases.

31-17          Sec. 3.305.  CITATION BY PUBLICATION.  (a)  If the residence

31-18    of the respondent, other than a respondent reported to be a

31-19    prisoner of war or missing on public service, is unknown, citation

31-20    shall be published in a newspaper of general circulation published

31-21    in the county in which the petition was filed.  If that county has

31-22    no newspaper of general circulation, citation shall be published in

31-23    a newspaper of general circulation in an adjacent county or in the

31-24    nearest county in which a newspaper of general circulation is

31-25    published.

 32-1          (b)  The notice shall be published once a week for two

 32-2    consecutive weeks before the hearing, but the first notice may not

 32-3    be published after the 20th day before the date set for the

 32-4    hearing.

 32-5          Sec. 3.306.  COURT ORDER FOR MANAGEMENT, CONTROL, AND

 32-6    DISPOSITION OF COMMUNITY PROPERTY.  (a)  After hearing the evidence

 32-7    in a suit under this subchapter, the court, on terms the court

 32-8    considers just and equitable, shall render an order describing or

 32-9    defining the community property at issue that will be subject to

32-10    the management, control, and disposition of each spouse during

32-11    marriage.

32-12          (b)  The court may:

32-13                (1)  impose any condition and restriction the court

32-14    deems necessary to protect the rights of the respondent;

32-15                (2)  require a bond conditioned on the faithful

32-16    administration of the property; and

32-17                (3)  require payment to the registry of the court of

32-18    all or a portion of the proceeds of the sale of the property, to be

32-19    disbursed in accordance with the court's further directions.

32-20          Sec. 3.307.  CONTINUING JURISDICTION OF COURT; VACATING

32-21    ORIGINAL ORDER.  (a)  The court has continuing jurisdiction over

32-22    the court's order rendered under this subchapter.

32-23          (b)  On the motion of either spouse, the court shall amend or

32-24    vacate the original order after notice and hearing if:

32-25                (1)  the incapacitated spouse's capacity is restored;

 33-1                (2)  the spouse who disappeared reappears;

 33-2                (3)  the abandonment or permanent separation ends; or

 33-3                (4)  the spouse who was reported to be a prisoner of

 33-4    war or missing on public service returns.

 33-5          Sec. 3.308.  RECORDING ORDER TO AFFECT REAL PROPERTY.  An

 33-6    order authorized by this subchapter affecting real property is not

 33-7    constructive notice to a good faith purchaser for value or to a

 33-8    creditor without actual notice unless the order is recorded in the

 33-9    deed records of the county in which the real property is located.

33-10          Sec. 3.309.  REMEDIES CUMULATIVE.  The remedies provided in

33-11    this subchapter are cumulative of other rights, powers, and

33-12    remedies afforded spouses by law.

33-13          CHAPTER 4.  PREMARITAL AND MARITAL PROPERTY AGREEMENTS

33-14              SUBCHAPTER A.  UNIFORM PREMARITAL AGREEMENT ACT

33-15          Sec. 4.001.  DEFINITIONS.  In this subchapter:

33-16                (1)  "Premarital agreement" means an agreement between

33-17    prospective spouses made in contemplation of marriage and to be

33-18    effective on marriage.

33-19                (2)  "Property" means an interest, present or future,

33-20    legal or equitable, vested or contingent, in real or personal

33-21    property, including income and earnings.

33-22          Sec. 4.002.  Formalities.  A premarital agreement must be in

33-23    writing and signed by both parties.  The agreement is enforceable

33-24    without consideration.

33-25          Sec. 4.003.  Content.  (a)  The parties to a premarital

 34-1    agreement may contract with respect to:

 34-2                (1)  the rights and obligations of each of the parties

 34-3    in any of the property of either or both of them whenever and

 34-4    wherever acquired or located;

 34-5                (2)  the right to buy, sell, use, transfer, exchange,

 34-6    abandon, lease, consume, expend, assign, create a security interest

 34-7    in, mortgage, encumber, dispose of, or otherwise manage and control

 34-8    property;

 34-9                (3)  the disposition of property on separation, marital

34-10    dissolution, death, or the occurrence or nonoccurrence of any other

34-11    event;

34-12                (4)  the modification or elimination of spousal

34-13    support;

34-14                (5)  the making of a will, trust, or other arrangement

34-15    to carry out the provisions of the agreement;

34-16                (6)  the ownership rights in and disposition of the

34-17    death benefit from a life insurance policy;

34-18                (7)  the choice of law governing the construction of

34-19    the agreement; and

34-20                (8)  any other matter, including their personal rights

34-21    and obligations, not in violation of public policy or a statute

34-22    imposing a criminal penalty.

34-23          (b)  The right of a child to support may not be adversely

34-24    affected by a premarital agreement.

34-25          Sec. 4.004.  Effect of Marriage.  A premarital agreement

 35-1    becomes effective on marriage.

 35-2          Sec. 4.005.  Amendment Or Revocation.  After marriage, a

 35-3    premarital agreement may be amended or revoked only by a written

 35-4    agreement signed by the parties.  The amended agreement or the

 35-5    revocation is enforceable without consideration.

 35-6          Sec. 4.006.  Enforcement.  (a)  A premarital agreement is not

 35-7    enforceable if the party against whom enforcement is requested

 35-8    proves that:

 35-9                (1)  the party did not sign the agreement voluntarily;

35-10    or

35-11                (2)  the agreement was unconscionable when it was

35-12    signed and, before signing the agreement, that party:

35-13                      (A)  was not provided a fair and reasonable

35-14    disclosure of the property or financial obligations of the other

35-15    party;

35-16                      (B)  did not voluntarily and expressly waive, in

35-17    writing, any right to disclosure of the property or financial

35-18    obligations of the other party beyond the disclosure provided; and

35-19                      (C)  did not have, or reasonably could not have

35-20    had, adequate knowledge of the property or financial obligations of

35-21    the other party.

35-22          (b)  An issue of unconscionability of a premarital agreement

35-23    shall be decided by the court as a matter of law.

35-24          (c)  The remedies and defenses in this section are the

35-25    exclusive remedies or defenses, including common law remedies or

 36-1    defenses.

 36-2          Sec. 4.007.  Enforcement:  Void Marriage.  If a marriage is

 36-3    determined to be void, an agreement that would otherwise have been

 36-4    a premarital agreement is enforceable only to the extent necessary

 36-5    to avoid an inequitable result.

 36-6          Sec. 4.008.  Limitation of Actions.  A statute of limitations

 36-7    applicable to an action asserting a claim for relief under a

 36-8    premarital agreement is tolled during the marriage of the parties

 36-9    to the agreement.  However, equitable defenses limiting the time

36-10    for enforcement, including laches and estoppel, are available to

36-11    either party.

36-12          Sec. 4.009.  Application and Construction.  This subchapter

36-13    shall be applied and construed to effect its general purpose to

36-14    make uniform the law with respect to the subject of this subchapter

36-15    among states enacting these provisions.

36-16          Sec. 4.010.  Short Title.  This subchapter may be cited as

36-17    the Uniform Premarital Agreement Act.

36-18               (Sections 4.011-4.100 reserved for expansion)

36-19                 SUBCHAPTER B.  MARITAL PROPERTY AGREEMENT

36-20          Sec. 4.101.  DEFINITION.  In this subchapter, "property" has

36-21    the meaning assigned by Section 4.001.

36-22          Sec. 4.102.  Partition or Exchange of Community Property.  At

36-23    any time, the spouses may partition or exchange between themselves

36-24    any part of their community property, then existing or to be

36-25    acquired, as the spouses may desire.  Property or a property

 37-1    interest transferred to a spouse by a partition or exchange

 37-2    agreement becomes that spouse's separate property.

 37-3          Sec. 4.103.  Agreement Between Spouses Concerning Income or

 37-4    Property From Separate Property.  At any time, the spouses may

 37-5    agree that the income or property arising from the separate

 37-6    property that is then owned by one of them, or that may thereafter

 37-7    be acquired, shall be the separate property of the owner.

 37-8          Sec. 4.104.  Formalities.  A partition or exchange agreement

 37-9    must be in writing and signed by both parties.

37-10          Sec. 4.105.  Enforcement.  (a)  A partition or exchange

37-11    agreement is not enforceable if the party against whom enforcement

37-12    is requested proves that:

37-13                (1)  the party did not sign the agreement voluntarily;

37-14    or

37-15                (2)  the agreement was unconscionable when it was

37-16    signed and, before execution of the agreement, that party:

37-17                      (A)  was not provided a fair and reasonable

37-18    disclosure of the property or financial obligations of the other

37-19    party;

37-20                      (B)  did not voluntarily and expressly waive, in

37-21    writing, any right to disclosure of the property or financial

37-22    obligations of the other party beyond the disclosure provided; and

37-23                      (C)  did not have, or reasonably could not have

37-24    had, adequate knowledge of the property or financial obligations of

37-25    the other party.

 38-1          (b)  An issue of unconscionability of a partition or exchange

 38-2    agreement shall be decided by the court as a matter of law.

 38-3          (c)  The remedies and defenses in this section are the

 38-4    exclusive remedies or defenses, including common law remedies or

 38-5    defenses.

 38-6          Sec. 4.106.  RIGHTS OF CREDITORS AND RECORDATION UNDER

 38-7    PARTITION OR EXCHANGE AGREEMENT.  (a)  A provision of a partition

 38-8    or exchange agreement made under this subchapter is void with

 38-9    respect to the rights of a preexisting creditor whose rights are

38-10    intended to be defrauded by it.

38-11          (b)  A partition or exchange agreement made under this

38-12    subchapter may be recorded in the deed records of the county in

38-13    which a party resides and in the county in which the real property

38-14    affected is located.  An agreement made under this subchapter is

38-15    constructive notice to a good faith purchaser for value or a

38-16    creditor without actual notice only if the instrument is

38-17    acknowledged and recorded in the county in which the real property

38-18    is located.

38-19                       CHAPTER 5.  HOMESTEAD RIGHTS

38-20              SUBCHAPTER A.  SALE OF HOMESTEAD; GENERAL RULE

38-21          Sec. 5.001.  SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.

38-22    Whether the homestead is the separate property of either spouse or

38-23    community property, neither spouse may sell, convey, or encumber

38-24    the homestead without the joinder of the other spouse except as

38-25    provided in this chapter or by other rules of law.

 39-1          Sec. 5.002.  SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE.  If

 39-2    the homestead is the separate property of a spouse and the other

 39-3    spouse has been judicially declared incapacitated, the owner may

 39-4    sell, convey, or encumber the homestead without the joinder of the

 39-5    other spouse.

 39-6               (Sections 5.003-5.100 reserved for expansion)

 39-7       SUBCHAPTER B.  SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES

 39-8          Sec. 5.101.  SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL

 39-9    CIRCUMSTANCES.  If the homestead is the separate property of a

39-10    spouse, that spouse may file a sworn petition that gives a

39-11    description of the property, states the facts that make it

39-12    desirable for the spouse to sell, convey, or encumber the homestead

39-13    without the joinder of the other spouse, and alleges that the other

39-14    spouse:

39-15                (1)  is incapacitated, whether judicially declared

39-16    incapacitated or not;

39-17                (2)  has disappeared and that the location of the

39-18    spouse remains unknown to the petitioning spouse;

39-19                (3)  has permanently abandoned the homestead and the

39-20    petitioning spouse;

39-21                (4)  has permanently abandoned the homestead and the

39-22    spouses are permanently separated; or

39-23                (5)  has been reported by an executive department of

39-24    the United States to be a prisoner of war or missing on public

39-25    service of the United States.

 40-1          Sec. 5.102.  SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL

 40-2    CIRCUMSTANCES.  If the homestead is the community property of the

 40-3    spouses, one spouse may file a sworn petition that gives a

 40-4    description of the property, states the facts that make it

 40-5    desirable for the petitioning spouse to sell, convey, or encumber

 40-6    the homestead without the joinder of the other spouse, and alleges

 40-7    that the other spouse:

 40-8                (1)  is incapacitated, whether judicially declared

 40-9    incapacitated or not;

40-10                (2)  has disappeared and that the location of the

40-11    spouse remains unknown to the petitioning spouse;

40-12                (3)  has permanently abandoned the homestead and the

40-13    petitioning spouse;

40-14                (4)  has permanently abandoned the homestead and the

40-15    spouses are permanently separated; or

40-16                (5)  has been reported by an executive department of

40-17    the United States to be a prisoner of war or missing on public

40-18    service of the United States.

40-19          Sec. 5.103.  TIME FOR FILING PETITION.  The petitioning

40-20    spouse may file the petition in a court of the county in which any

40-21    portion of the property is located not earlier than the 60th day

40-22    after the date of the occurrence of an event described by Sections

40-23    5.101(1)-(4) and 5.102(1)-(4) or not less than six months after the

40-24    date the other spouse has been reported to be a prisoner of war or

40-25    missing on public service.

 41-1          Sec. 5.104.  APPOINTMENT OF ATTORNEY.  (a)  Except as

 41-2    provided by Subsection (b), the court may appoint an attorney in a

 41-3    suit filed under this subchapter for the respondent.

 41-4          (b)  The court shall appoint an attorney in a suit filed

 41-5    under this subchapter for a respondent reported to be a prisoner of

 41-6    war or missing on public service.

 41-7          (c)  The court shall allow a reasonable fee for the appointed

 41-8    attorney's services as a part of the costs of the suit.

 41-9          Sec. 5.105.  CITATION; NOTICE OF HEARING.  Citation and

41-10    notice of hearing for a suit filed as provided by this subchapter

41-11    shall be issued and served in the manner provided in Subchapter D,

41-12    Chapter 3.

41-13          Sec. 5.106.  COURT ORDER.  (a)  After notice and hearing, the

41-14    court shall render an order the court deems just and equitable with

41-15    respect to the sale, conveyance, or encumbrance of a separate

41-16    property homestead.

41-17          (b)  After hearing the evidence, the court, on terms the

41-18    court deems just and equitable, shall render an order describing or

41-19    defining the community property at issue that will be subject to

41-20    the management, control, and disposition of each spouse during

41-21    marriage.

41-22          (c)  The court may:

41-23                (1)  impose any conditions and restrictions the court

41-24    deems necessary to protect the rights of the respondent;

41-25                (2)  require a bond conditioned on the faithful

 42-1    administration of the property; and

 42-2                (3)  require payment to the registry of the court of

 42-3    all or a portion of the proceeds of the sale of the property to be

 42-4    disbursed in accordance with the court's further directions.

 42-5          Sec. 5.107.  SALE OF COMMUNITY HOMESTEAD FOR SPOUSE

 42-6    JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the

 42-7    community property of the spouses and one spouse has been

 42-8    judicially declared incapacitated, the competent spouse may sell,

 42-9    convey, or encumber the homestead without the joinder of the other

42-10    spouse.

42-11          Sec. 5.108.  REMEDIES AND POWERS CUMULATIVE.  The remedies

42-12    and the powers of a spouse provided by this subchapter are

42-13    cumulative of the other rights, powers, and remedies afforded the

42-14    spouses by law.

42-15                   SUBTITLE C.  DISSOLUTION OF MARRIAGE

42-16               CHAPTER 6.  SUIT FOR DISSOLUTION OF MARRIAGE

42-17              SUBCHAPTER A.  GROUNDS FOR DIVORCE AND DEFENSES

42-18          Sec. 6.001.  INSUPPORTABILITY.  On the petition of either

42-19    party to a marriage, the court may grant a divorce without regard

42-20    to fault if the marriage has become insupportable because of

42-21    discord or conflict of personalities that destroys the legitimate

42-22    ends of the marital relationship and prevents any reasonable

42-23    expectation of reconciliation.

42-24          Sec. 6.002.  CRUELTY.  The court may grant a divorce in favor

42-25    of one spouse if the other spouse is guilty of cruel treatment

 43-1    toward the complaining spouse of a nature that renders further

 43-2    living together insupportable.

 43-3          Sec. 6.003.  ADULTERY.  The court may grant a divorce in

 43-4    favor of one spouse if the other spouse has committed adultery.

 43-5          Sec. 6.004.  CONVICTION OF FELONY.  (a)  The court may grant

 43-6    a divorce in favor of one spouse if during the marriage the other

 43-7    spouse:

 43-8                (1)  has been convicted of a felony;

 43-9                (2)  has been imprisoned for at least one year in the

43-10    state penitentiary, a federal penitentiary, or the penitentiary of

43-11    another state; and

43-12                (3)  has not been pardoned.

43-13          (b)  The court may not grant a divorce under this section

43-14    against a spouse who was convicted on the testimony of the other

43-15    spouse.

43-16          Sec. 6.005.  ABANDONMENT.  The court may grant a divorce in

43-17    favor of one spouse if the other spouse:

43-18                (1)  left the complaining spouse with the intention of

43-19    abandonment; and

43-20                (2)  remained away for at least one year.

43-21          Sec. 6.006.  LIVING APART.  The court may grant a divorce in

43-22    favor of either spouse if the spouses have lived apart without

43-23    cohabitation for at least three years.

43-24          Sec. 6.007.  CONFINEMENT IN MENTAL HOSPITAL.  The court may

43-25    grant a divorce in favor of one spouse if at the time the suit is

 44-1    filed:

 44-2                (1)  the other spouse has been confined in a state

 44-3    mental hospital or private mental hospital, as defined in Section

 44-4    571.003, Health and Safety Code, in this state or another state for

 44-5    at least three years; and

 44-6                (2)  it appears that the hospitalized spouse's mental

 44-7    disorder is of such a degree and nature that adjustment is unlikely

 44-8    or that, if adjustment occurs, a relapse is probable.

 44-9          Sec. 6.008.  DEFENSES.  (a)  The defenses to a suit for

44-10    divorce of recrimination and adultery are abolished.

44-11          (b)  Condonation is a defense to a suit for divorce only if

44-12    the court finds that there is a reasonable expectation of

44-13    reconciliation.

44-14               (Sections 6.009-6.100 reserved for expansion)

44-15                   SUBCHAPTER B.  GROUNDS FOR ANNULMENT

44-16          Sec. 6.101.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14.

44-17    (a)  The court may grant an annulment of a licensed or informal

44-18    marriage of a person under 14 years of age unless a court order has

44-19    been obtained as provided in Subchapter B, Chapter 2.

44-20          (b)  A petition for annulment under this section may be filed

44-21    by a next friend for the benefit of a person under 14 years of age

44-22    or on the petition of the parent or the judicially designated

44-23    managing conservator or guardian, whether an individual, authorized

44-24    agency, or court, of the person.

44-25          (c)  A suit by a parent, managing conservator, or guardian of

 45-1    the person may be brought at any time before the person is 14 years

 45-2    of age.

 45-3          (d)  A suit under this section to annul the marriage of a

 45-4    person 14 years of age or older that was entered into before the

 45-5    person was 14 years of age is barred unless the suit is filed

 45-6    within the later of:

 45-7                (1)  90 days after the date the petitioner knew or

 45-8    should have known of the marriage; or

 45-9                (2)  90 days after the date of the 14th birthday of the

45-10    underage party.

45-11          Sec. 6.102.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.

45-12    (a)  The court may grant an annulment of a licensed or informal

45-13    marriage of a person 14 years of age or older but under 18 years of

45-14    age that occurred without parental consent or without a court order

45-15    as provided by Subchapters B and E, Chapter 2.

45-16          (b)  A petition for annulment under this section may be filed

45-17    by:

45-18                (1)  a next friend for the benefit of the underage

45-19    party;

45-20                (2)  a parent; or

45-21                (3)  the judicially designated managing conservator or

45-22    guardian of the person of the underage party, whether an

45-23    individual, authorized agency, or court.

45-24          (c)  A suit filed under this subsection by a next friend is

45-25    barred unless it is filed within 90 days after the date of the

 46-1    marriage.

 46-2          Sec. 6.103.  UNDERAGE ANNULMENT BARRED BY ADULTHOOD.  A suit

 46-3    to annul a marriage may not be filed under Section 6.101 or 6.102

 46-4    by a parent, managing conservator, or guardian of a person after

 46-5    the 18th birthday of the person.

 46-6          Sec. 6.104.  DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.

 46-7    (a)  An annulment under Section 6.101 or 6.102 of a marriage may be

 46-8    granted at the discretion of the court sitting without a jury.

 46-9          (b)  In exercising its discretion, the court shall consider

46-10    the pertinent facts concerning the welfare of the parties to the

46-11    marriage, including whether the female is pregnant.

46-12          Sec. 6.105.  UNDER INFLUENCE OF ALCOHOL OR NARCOTICS.  The

46-13    court may grant an annulment of a marriage to a party to the

46-14    marriage if:

46-15                (1)  at the time of the marriage the petitioner was

46-16    under the influence of alcoholic beverages or narcotics and as a

46-17    result did not have the capacity to consent to the marriage; and

46-18                (2)  the petitioner has not voluntarily cohabited with

46-19    the other party to the marriage since the effects of the alcoholic

46-20    beverages or narcotics ended.

46-21          Sec. 6.106.  IMPOTENCY.  The court may grant an annulment of

46-22    a marriage to a party to the marriage if:

46-23                (1)  either party, for physical or mental reasons, was

46-24    permanently impotent at the time of the marriage;

46-25                (2)  the petitioner did not know of the impotency at

 47-1    the time of the marriage; and

 47-2                (3)  the petitioner has not voluntarily cohabited with

 47-3    the other party since learning of the impotency.

 47-4          Sec. 6.107.  FRAUD, DURESS, OR FORCE.  The court may grant an

 47-5    annulment of a marriage to a party to the marriage if:

 47-6                (1)  the other party used fraud, duress, or force to

 47-7    induce the petitioner to enter into the marriage; and

 47-8                (2)  the petitioner has not voluntarily cohabited with

 47-9    the other party since learning of the fraud or since being released

47-10    from the duress or force.

47-11          Sec. 6.108.  MENTAL INCAPACITY.  (a)  The court may grant an

47-12    annulment of a marriage to a party to the marriage on the suit of

47-13    the party or the party's guardian or next friend, if the court

47-14    finds it to be in the party's best interest to be represented by a

47-15    guardian or next friend, if:

47-16                (1)  at the time of the marriage the petitioner did not

47-17    have the mental capacity to consent to marriage or to understand

47-18    the nature of the marriage ceremony because of a mental disease or

47-19    defect; and

47-20                (2)  since the marriage ceremony, the petitioner has

47-21    not voluntarily cohabited with the other party during a period when

47-22    the petitioner possessed the mental capacity to recognize the

47-23    marriage relationship.

47-24          (b)  The court may grant an annulment of a marriage to a

47-25    party to the marriage if:

 48-1                (1)  at the time of the marriage the other party did

 48-2    not have the mental capacity to consent to marriage or to

 48-3    understand the nature of the marriage ceremony because of a mental

 48-4    disease or defect;

 48-5                (2)  at the time of the marriage the petitioner neither

 48-6    knew nor reasonably should have known of the mental disease or

 48-7    defect; and

 48-8                (3)  since the date the petitioner discovered or

 48-9    reasonably should have discovered the mental disease or defect, the

48-10    petitioner has not voluntarily cohabited with the other party.

48-11          Sec. 6.109.  CONCEALED DIVORCE.  (a)  The court may grant an

48-12    annulment of a marriage to a party to the marriage if:

48-13                (1)  the other party was divorced from a third party

48-14    within the 30-day period preceding the date of the marriage

48-15    ceremony;

48-16                (2)  at the time of the marriage ceremony the

48-17    petitioner did not know, and a reasonably prudent person would not

48-18    have known, of the divorce; and

48-19                (3)  since the petitioner discovered or a reasonably

48-20    prudent person would have discovered the fact of the divorce, the

48-21    petitioner has not voluntarily cohabited with the other party.

48-22          (b)  A suit may not be brought under this section after the

48-23    first anniversary of the date of the marriage.

48-24          Sec. 6.110.  MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF

48-25    LICENSE.  (a)  The court may grant an annulment of a marriage to a

 49-1    party to the marriage if the marriage ceremony took place in

 49-2    violation of Section 2.204 during the 72-hour period immediately

 49-3    following the issuance of the marriage license.

 49-4          (b)  A suit may not be brought under this section after the

 49-5    30th day after the date of the marriage.

 49-6          Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  A marriage

 49-7    subject to annulment may not be challenged in a proceeding

 49-8    instituted after the death of either party to the marriage.

 49-9               (Sections 6.112-6.200 reserved for expansion)

49-10                 SUBCHAPTER C.  DECLARING A MARRIAGE VOID

49-11          Sec. 6.201.  CONSANGUINITY.  A marriage is void if one party

49-12    to the marriage is related to the other as:

49-13                (1)  an ancestor or descendant, by blood or adoption;

49-14                (2)  a brother or sister, of the whole or half blood or

49-15    by adoption;

49-16                (3)  a parent's brother or sister, of the whole or half

49-17    blood or by adoption; or

49-18                (4)  a son or daughter of a brother or sister, of the

49-19    whole or half blood or by adoption.

49-20          Sec. 6.202.  MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.

49-21    (a)  A marriage is void if entered into when either party has an

49-22    existing marriage to another person that has not been dissolved by

49-23    legal action or terminated by the death of the other spouse.

49-24          (b)  The later marriage that is void under this section

49-25    becomes valid when the prior marriage is dissolved if, after the

 50-1    date of the dissolution, the parties have lived together as husband

 50-2    and wife and represented themselves to others as being married.

 50-3          Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED.  Except for a

 50-4    marriage that would have been void under Section 6.201, a marriage

 50-5    that was entered into before January 1, 1970, in violation of the

 50-6    prohibitions of Article 496, Penal Code of Texas, 1925, is

 50-7    validated from the date the marriage commenced if the parties

 50-8    continued until January 1, 1970, to live together as husband and

 50-9    wife and to represent themselves to others as being married.

50-10               (Sections 6.204-6.300 reserved for expansion)

50-11     SUBCHAPTER D.  JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS

50-12          Sec. 6.301.  GENERAL RESIDENCY RULE FOR DIVORCE SUIT.  A suit

50-13    for divorce may not be maintained in this state unless at the time

50-14    the suit is filed either the petitioner or the respondent has been:

50-15                (1)  a domiciliary of this state for the preceding

50-16    six-month period; and

50-17                (2)  a resident of the county in which the suit is

50-18    filed for the preceding 90-day period.

50-19          Sec. 6.302.  SUIT FOR DIVORCE BY NONRESIDENT SPOUSE.  If one

50-20    spouse has been a domiciliary of this state for at least the last

50-21    six months, a spouse domiciled in another state or nation may file

50-22    a suit for divorce in the county in which the domiciliary spouse

50-23    resides at the time the petition is filed.

50-24          Sec. 6.303.  ABSENCE ON PUBLIC SERVICE.  Time spent by a

50-25    Texas domiciliary outside this state or outside the county of

 51-1    residence of the domiciliary while in the service of the armed

 51-2    forces or other service of the United States or of this state is

 51-3    considered residence in this state and in that county.

 51-4          Sec. 6.304.  ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS.

 51-5    A person not previously a resident of this state who is serving in

 51-6    the armed forces of the United States and has been stationed at one

 51-7    or more military installations in this state for at least the last

 51-8    six months and at a military installation in a county of this state

 51-9    for at least the last 90 days is considered to be a Texas

51-10    domiciliary and a resident of that county for those periods for the

51-11    purpose of filing suit for dissolution of a marriage.

51-12          Sec. 6.305.  ACQUIRING JURISDICTION OVER NONRESIDENT

51-13    RESPONDENT.  (a)  If the petitioner in a suit for dissolution of a

51-14    marriage is a resident or a domiciliary of this state at the time

51-15    the suit for dissolution is filed, the court may exercise personal

51-16    jurisdiction over the respondent or over the respondent's personal

51-17    representative although the respondent is not a resident of this

51-18    state if:

51-19                (1)  this state is the last marital residence of the

51-20    petitioner and the respondent and the suit is filed before the

51-21    second anniversary of the date on which marital residence ended; or

51-22                (2)  there is any basis consistent with the

51-23    constitutions of this state and the United States for the exercise

51-24    of the personal jurisdiction.

51-25          (b)  A court acquiring jurisdiction under this section also

 52-1    acquires jurisdiction over the respondent in a suit affecting the

 52-2    parent-child relationship.

 52-3          Sec. 6.306.  JURISDICTION TO ANNUL MARRIAGE.  (a)  A suit for

 52-4    annulment of a marriage may be maintained in this state only if the

 52-5    parties were married in this state or if either party is domiciled

 52-6    in this state.

 52-7          (b)  A suit for annulment is a suit in rem, affecting the

 52-8    status of the parties to the marriage.

 52-9          Sec. 6.307.  JURISDICTION TO DECLARE MARRIAGE VOID.

52-10    (a)  Either party to a marriage made void by this chapter may sue

52-11    to have the marriage declared void, or the court may declare the

52-12    marriage void in a collateral proceeding.

52-13          (b)  The court may declare a marriage void only if:

52-14                (1)  the purported marriage was contracted in this

52-15    state; or

52-16                (2)  either party is domiciled in this state.

52-17          (c)  A suit to have a marriage declared void is a suit in

52-18    rem, affecting the status of the parties to the purported marriage.

52-19          Sec. 6.308.  EXERCISING PARTIAL JURISDICTION.  (a)  A court

52-20    in which a suit for dissolution of a marriage is filed may exercise

52-21    its jurisdiction over those portions of the suit for which it has

52-22    authority.

52-23          (b)  The court's authority to resolve the issues in

52-24    controversy between the parties may be restricted because the court

52-25    lacks:

 53-1                (1)  the required personal jurisdiction over a

 53-2    nonresident party in a suit for dissolution of the marriage;

 53-3                (2)  the required jurisdiction under Chapter 152; or

 53-4                (3)  the required jurisdiction under Chapter 159.

 53-5               (Sections 6.309-6.400 reserved for expansion)

 53-6                        SUBCHAPTER E.  FILING SUIT

 53-7          Sec. 6.401.  CAPTION.  (a)  Pleadings in a suit for divorce

 53-8    or annulment shall be styled "In the Matter of the Marriage

 53-9    of ________ and ________."

53-10          (b)  Pleadings in a suit to declare a marriage void shall be

53-11    styled "A Suit To Declare Void the Marriage

53-12    of __________ and __________."

53-13          Sec. 6.402.  PLEADINGS.  (a)  A petition in a suit for

53-14    dissolution of a marriage is sufficient without the necessity of

53-15    specifying the underlying evidentiary facts if the petition alleges

53-16    the grounds relied on substantially in the language of the statute.

53-17          (b)  Allegations of grounds for relief, matters of defense,

53-18    or facts relied on for a temporary order that are stated in short

53-19    and plain terms are not subject to special exceptions because of

53-20    form or sufficiency.

53-21          (c)  The court shall strike an allegation of evidentiary fact

53-22    from the pleadings on the motion of a party or on the court's own

53-23    motion.

53-24          Sec. 6.403.  ANSWER.  The respondent in a suit for

53-25    dissolution of a marriage is not required to answer on oath or

 54-1    affirmation.

 54-2          Sec. 6.404.  STATEMENT ON ALTERNATE DISPUTE RESOLUTION.

 54-3    (a)  A party to a proceeding under this title shall include in the

 54-4    first pleading filed by the party in the proceeding the following

 54-5    statement:

 54-6          "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO

 54-7    PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

 54-8    INVOLVING CHILDREN AND FAMILIES.  I AM AWARE OF ALTERNATIVE DISPUTE

 54-9    RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT

54-10    ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A

54-11    SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT

54-12    SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH

54-13    TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

54-14    RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."

54-15          (b)  The statement prescribed by Subsection (a) must be

54-16    printed in boldfaced type or capital letters and signed by the

54-17    party.

54-18          (c)  The statement prescribed by Subsection (a) is not

54-19    required for:

54-20                (1)  a pleading in which citation on all respondents

54-21    entitled to service of citation is requested, issued, and given by

54-22    publication;

54-23                (2)  a motion or pleading that seeks a protective order

54-24    as provided by Chapter 71; or

54-25                (3)  a special appearance under Rule 120a, Texas Rules

 55-1    of Civil Procedure.

 55-2          Sec. 6.405.  PROTECTIVE ORDER.  (a)  The petition in a suit

 55-3    for dissolution of a marriage must state whether a protective order

 55-4    under Chapter 71 is in effect or if an application for a protective

 55-5    order is pending with regard to the parties to the suit.

 55-6          (b)  The petitioner shall attach to the petition a copy of

 55-7    each protective order issued under Chapter 71 in which one of the

 55-8    parties to the suit was the applicant and the other party was the

 55-9    respondent without regard to the date of the order.  If a copy of

55-10    the protective order is not available at the time of filing, the

55-11    petition must state that a copy of the order will be filed with the

55-12    court before any hearing.

55-13          Sec. 6.406.  MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD

55-14    RELATIONSHIP.  (a)  The petition in a suit for dissolution of a

55-15    marriage shall state whether there are children born or adopted of

55-16    the marriage who are under 18 years of age or who are otherwise

55-17    entitled to support as provided by Chapter 154.

55-18          (b)  If the parties are parents of a child, as defined by

55-19    Section 101.003, and the child is not under the continuing

55-20    jurisdiction of another court as provided by Chapter 155, the suit

55-21    for dissolution of a marriage must include a suit affecting the

55-22    parent-child relationship under Title 5.

55-23          Sec. 6.407.  TRANSFER OF SUIT AFFECTING PARENT-CHILD

55-24    RELATIONSHIP TO DIVORCE COURT.  (a)  If a suit affecting the

55-25    parent-child relationship is pending at the time the suit for

 56-1    dissolution of a marriage is filed, the suit affecting the

 56-2    parent-child relationship shall be transferred as provided by

 56-3    Section 103.002 to the court in which the suit for dissolution is

 56-4    filed.

 56-5          (b)  If the parties are parents of a child, as defined by

 56-6    Section 101.003, and the child is under the continuing jurisdiction

 56-7    of another court under Chapter 155, either party to the suit for

 56-8    dissolution of a marriage may move that court for transfer of the

 56-9    suit affecting the parent-child relationship to the court having

56-10    jurisdiction of the suit for dissolution.  The court with

56-11    continuing jurisdiction shall transfer the proceeding as provided

56-12    by Chapter 155.  On the transfer of the proceedings, the court with

56-13    jurisdiction of the suit for dissolution of a marriage shall

56-14    consolidate the two causes of action.

56-15          (c)  After transfer of a suit affecting the parent-child

56-16    relationship as provided in Chapter 155, the court with

56-17    jurisdiction of the suit for dissolution of a marriage has

56-18    jurisdiction to render an order in the suit affecting the

56-19    parent-child relationship as provided by Title 5.

56-20          Sec. 6.408.  SERVICE OF CITATION.  Citation on the filing of

56-21    an original petition in a suit for dissolution of a marriage shall

56-22    be issued and served as in other civil cases.  Citation may also be

56-23    served on any other person who has or who may assert an interest in

56-24    the suit for dissolution of the marriage.

56-25          Sec. 6.409.  CITATION BY PUBLICATION.  (a)  Citation in a

 57-1    suit for dissolution of a marriage may be by publication as in

 57-2    other civil cases, except that notice shall be published one time

 57-3    only.

 57-4          (b)  The notice shall be sufficient if given in substantially

 57-5    the following form:

 57-6                              "STATE OF TEXAS

 57-7    To (name of person to be served with citation), and to all whom it

 57-8    may concern (if the name of any person to be served with citation

 57-9    is unknown), Respondent(s),

57-10          "You have been sued.  You may employ an attorney.  If you or

57-11    your attorney do not file a written answer with the clerk who

57-12    issued this citation by 10 a.m. on the Monday next following the

57-13    expiration of 20 days after you were served this citation and

57-14    petition, a default judgment may be taken against you.  The

57-15    petition of _______________, Petitioner, was filed in the Court of

57-16    _______________ County, Texas, on the _____ day of _______________,

57-17    against _______________, Respondent(s), numbered ______, and

57-18    entitled 'In the Matter of Marriage of _______________ and

57-19    _______________.  The suit requests _______________ (statement of

57-20    relief sought).'

57-21          "The Court has authority in this suit to enter any judgment

57-22    or decree dissolving the marriage and providing for the division of

57-23    property that will be binding on you.

57-24          "Issued and given under  my  hand  and  seal  of  said  Court

 58-1    at __________, Texas, this the _____ day of _______________, _____.

 58-2                                       "...............................

 58-3                                        Clerk of the _________ Court of

 58-4                                        _________________ County, Texas

 58-5          By _______, Deputy."

 58-6          (c)  The form authorized in this section and the form

 58-7    authorized by Section 102.010 may be combined in appropriate

 58-8    situations.

 58-9          (d)  If the citation is for a suit in which a parent-child

58-10    relationship does not exist, service by publication may be

58-11    completed by posting the citation at the courthouse door for seven

58-12    days in the county in which the suit is filed.

58-13          (e)  If the petitioner or the petitioner's attorney of record

58-14    makes an oath that no child presently under 18 years of age was

58-15    born or adopted by the spouses and that no appreciable amount of

58-16    property was accumulated by the spouses during the marriage, the

58-17    court may dispense with the appointment of an attorney ad litem.

58-18    In a case in which citation was by publication, a statement of the

58-19    evidence, approved and signed by the judge, shall be filed with the

58-20    papers of the suit as a part of the record.

58-21               (Sections 6.410-6.500 reserved for expansion)

58-22                      SUBCHAPTER F.  TEMPORARY ORDERS

58-23          Sec. 6.501.  TEMPORARY RESTRAINING ORDER.  (a)  After the

58-24    filing of a suit for dissolution of a marriage, on the motion of a

58-25    party or on the court's own motion, the court may grant a temporary

 59-1    restraining order without notice to the adverse party for the

 59-2    preservation of the property and for the protection of the parties

 59-3    as necessary, including an order prohibiting one or both parties

 59-4    from:

 59-5                (1)  intentionally communicating by telephone or in

 59-6    writing with the other party by use of vulgar, profane, obscene, or

 59-7    indecent language or in a coarse or offensive manner, with intent

 59-8    to annoy or alarm the other;

 59-9                (2)  threatening the other, by telephone or in writing,

59-10    to take unlawful action against any person, intending by this

59-11    action to annoy or alarm the other;

59-12                (3)  placing a telephone call, anonymously, at an

59-13    unreasonable hour, in an offensive and repetitious manner, or

59-14    without a legitimate purpose of communication with the intent to

59-15    annoy or alarm the other;

59-16                (4)  intentionally, knowingly, or recklessly causing

59-17    bodily injury to the other or to a child of either party;

59-18                (5)  threatening the other or a child of either party

59-19    with imminent bodily injury;

59-20                (6)  intentionally, knowingly, or recklessly

59-21    destroying, removing, concealing, encumbering, transferring, or

59-22    otherwise harming or reducing the value of the property of the

59-23    parties or either party with intent to obstruct the authority of

59-24    the court to order a division of the estate of the parties in a

59-25    manner that the court deems just and right, having due regard for

 60-1    the rights of each party and any children of the marriage;

 60-2                (7)  intentionally falsifying a writing or record

 60-3    relating to the property of either party;

 60-4                (8)  intentionally misrepresenting or refusing to

 60-5    disclose to the other party or to the court, on proper request, the

 60-6    existence, amount, or location of any property of the parties or

 60-7    either party;

 60-8                (9)  intentionally or knowingly damaging or destroying

 60-9    the tangible property of the parties or either party; or

60-10                (10)  intentionally or knowingly tampering with the

60-11    tangible property of the parties or either party and causing

60-12    pecuniary loss or substantial inconvenience to the other.

60-13          (b)  A temporary restraining order under this subchapter may

60-14    not include a provision:

60-15                (1)  the subject of which is a requirement,

60-16    appointment, award, or other order listed in Section 886A, Texas

60-17    Probate Code; or

60-18                (2)  that:

60-19                      (A)  excludes a spouse from occupancy of the

60-20    residence where that spouse is living except as provided in a

60-21    protective order made in accordance with Title 4;

60-22                      (B)  prohibits a party from spending funds for

60-23    reasonable and necessary living expenses; or

60-24                      (C)  prohibits a party from engaging in acts

60-25    reasonable and necessary to conduct that party's usual business and

 61-1    occupation.

 61-2          Sec. 6.502.  TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.

 61-3    While a suit for dissolution of a marriage is pending and on the

 61-4    motion of a party or on the court's own motion after notice and

 61-5    hearing, the court may render an appropriate order, including the

 61-6    granting of a temporary injunction for the preservation of the

 61-7    property and protection of the parties as deemed necessary and

 61-8    equitable and including an order directed to one or both parties:

 61-9                (1)  requiring a sworn inventory and appraisement of

61-10    the real and personal property owned or claimed by the parties and

61-11    specifying the form, manner, and substance of the inventory and

61-12    appraisal and list of debts and liabilities;

61-13                (2)  requiring payments to be made for the support of

61-14    either spouse;

61-15                (3)  requiring the production of books, papers,

61-16    documents, and tangible things by a party;

61-17                (4)  ordering payment of reasonable attorney's fees and

61-18    expenses;

61-19                (5)  appointing a receiver for the preservation and

61-20    protection of the property of the parties;

61-21                (6)  awarding one spouse exclusive occupancy of the

61-22    residence during the pendency of the case;

61-23                (7)  prohibiting the parties, or either party, from

61-24    spending funds beyond an amount the court determines to be for

61-25    reasonable and necessary living expenses;

 62-1                (8)  awarding one spouse exclusive control of a party's

 62-2    usual business or occupation; or

 62-3                (9)  prohibiting an act described by Section 6.501(a).

 62-4          Sec. 6.503.  AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT

 62-5    REQUIRED.  (a)  A temporary restraining order or temporary

 62-6    injunction under this subchapter:

 62-7                (1)  may be granted without an affidavit or a verified

 62-8    pleading stating specific facts showing that immediate and

 62-9    irreparable injury, loss, or damage will result before notice can

62-10    be served and a hearing can be held; and

62-11                (2)  need not:

62-12                      (A)  define the injury or state why it is

62-13    irreparable;

62-14                      (B)  state why the order was granted without

62-15    notice; or

62-16                      (C)  include an order setting the suit for trial

62-17    on the merits with respect to the ultimate relief sought.

62-18          (b)  In a suit for dissolution of a marriage, the court may

62-19    dispense with the issuance of a bond between the spouses in

62-20    connection with temporary orders for the protection of the parties

62-21    and their property.

62-22          Sec. 6.504.  PROTECTIVE ORDERS.  On the motion of a party to

62-23    a suit for dissolution of a marriage, the court may render a

62-24    protective order as provided by Chapter 71.

62-25          Sec. 6.505.  COUNSELING.  (a)  While a divorce suit is

 63-1    pending, the court may direct the parties to counsel with a person

 63-2    named by the court.

 63-3          (b)  The person named by the court to counsel the parties

 63-4    shall submit a written report to the court and to the parties

 63-5    before the final hearing.  In the report, the counselor shall give

 63-6    only an opinion as to whether there exists a reasonable expectation

 63-7    of reconciliation of the parties and, if so, whether further

 63-8    counseling would be beneficial.  The sole purpose of the report is

 63-9    to aid the court in determining whether the suit for divorce should

63-10    be continued pending further counseling.

63-11          (c)  A copy of the report shall be furnished to each party.

63-12          (d)  If the court believes that there is a reasonable

63-13    expectation of the parties' reconciliation, the court may by

63-14    written order continue the proceedings and direct the parties to a

63-15    person named by the court for further counseling for a period fixed

63-16    by the court not to exceed 60 days, subject to any terms,

63-17    conditions, and limitations the court considers desirable.  In

63-18    ordering counseling, the court shall consider the circumstances of

63-19    the parties, including the needs of the parties' family and the

63-20    availability of counseling services.  At the expiration of the

63-21    period specified by the court, the counselor to whom the parties

63-22    were directed shall report to the court whether the parties have

63-23    complied with the court's order.  Thereafter, the court shall

63-24    proceed as in a divorce suit generally.

63-25          Sec. 6.506.  CONTEMPT.  The violation of a temporary

 64-1    restraining order, temporary injunction, or other temporary order

 64-2    issued under this subchapter is punishable as contempt.

 64-3          Sec. 6.507.  INTERLOCUTORY APPEAL.  An order under this

 64-4    subchapter, except an order appointing a receiver, is not subject

 64-5    to interlocutory appeal.

 64-6               (Sections 6.508-6.600 reserved for expansion)

 64-7               SUBCHAPTER G.  ALTERNATIVE DISPUTE RESOLUTION

 64-8          Sec. 6.601.  ARBITRATION PROCEDURES.  (a)  On written

 64-9    agreement of the parties, the court may refer a suit for

64-10    dissolution of a marriage to arbitration.  The agreement must state

64-11    whether the arbitration is binding or nonbinding.

64-12          (b)  If the parties agree to binding arbitration, the court

64-13    shall render an order reflecting the arbitrator's award.

64-14          Sec. 6.602.  MEDIATION PROCEDURES.  (a)  On the written

64-15    agreement of the parties or on the court's own motion, the court

64-16    may refer a suit for dissolution of a marriage to mediation.

64-17          (b)  A mediated settlement agreement is binding on the

64-18    parties if the agreement:

64-19                (1)  provides in a separate paragraph that the

64-20    agreement is not subject to revocation;

64-21                (2)  is signed by each party to the agreement; and

64-22                (3)  is signed by the party's attorney, if any, who is

64-23    present at the time the agreement is signed.

64-24          (c)  If a mediated settlement agreement meets the

64-25    requirements of this section, a party is entitled to judgment on

 65-1    the mediated settlement agreement notwithstanding Rule 11, Texas

 65-2    Rules of Civil Procedure, or another rule of law.

 65-3               (Sections 6.603-6.700 reserved for expansion)

 65-4                      SUBCHAPTER H.  TRIAL AND APPEAL

 65-5          Sec. 6.701.  FAILURE TO ANSWER.  In a suit for divorce, the

 65-6    petition may not be taken as confessed if the respondent does not

 65-7    file an answer.

 65-8          Sec. 6.702.  WAITING PERIOD.  (a)  The court may not grant a

 65-9    divorce before the 60th day after the date the suit was filed.  A

65-10    decree rendered in violation of this subsection is not subject to

65-11    collateral attack.

65-12          (b)  A waiting period is not required before a court may

65-13    grant an annulment or declare a marriage void other than as

65-14    required in civil cases generally.

65-15          Sec. 6.703.  JURY.  In a suit for dissolution of a marriage,

65-16    either party may demand a jury trial unless the action is a suit to

65-17    annul an underage marriage under Section 6.101 or 6.102.

65-18          Sec. 6.704.  TESTIMONY OF HUSBAND OR WIFE.  (a)  In a suit

65-19    for dissolution of a marriage, the husband and wife are competent

65-20    witnesses for and against each other.  A spouse may not be

65-21    compelled to testify as to a matter that will incriminate the

65-22    spouse.

65-23          (b)  If the husband or wife testifies, the court or jury

65-24    trying the case shall determine the credibility of the witness and

65-25    the weight to be given the witness's testimony.

 66-1          Sec. 6.705.  TESTIMONY BY MARRIAGE COUNSELOR.  (a)  The

 66-2    report by the person named by the court to counsel the parties to a

 66-3    suit for divorce may not be admitted as evidence in the suit.

 66-4          (b)  The person named by the court to counsel the parties is

 66-5    not competent to testify in any suit involving the parties or their

 66-6    children.

 66-7          (c)  The files, records, and other work products of the

 66-8    counselor are privileged and confidential for all purposes and may

 66-9    not be admitted as evidence in any suit involving the parties or

66-10    their children.

66-11          Sec. 6.706.  CHANGE OF NAME.  (a)  In a decree of divorce or

66-12    annulment, the court shall change the name of a party specifically

66-13    requesting the change to a name previously used by the party unless

66-14    the court states in the decree a reason for denying the change of

66-15    name.

66-16          (b)  The court may not deny a change of name solely to keep

66-17    the last name of family members the same.

66-18          (c)  A change of name does not release a person from

66-19    liability incurred by the person under a previous name or defeat a

66-20    right the person held under a previous name.

66-21          (d)  A person whose name is changed under this section may

66-22    apply for a change of name certificate from the clerk of the court

66-23    as provided by Section 45.106.

66-24          Sec. 6.707.  TRANSFERS AND DEBTS PENDING DECREE.  (a)  A

66-25    transfer of real or personal community property or a debt incurred

 67-1    by a spouse while a suit for divorce or annulment is pending that

 67-2    subjects the other spouse or the community property to liability is

 67-3    void with respect to the other spouse if the transfer was made or

 67-4    the debt incurred with the intent to injure the rights of the other

 67-5    spouse.

 67-6          (b)  A transfer or debt is not void if the person dealing

 67-7    with the transferor or debtor spouse did not have notice of the

 67-8    intent to injure the rights of the other spouse.

 67-9          (c)  The spouse seeking to void a transfer or debt incurred

67-10    while a suit for divorce or annulment is pending has the burden of

67-11    proving that the person dealing with the transferor or debtor

67-12    spouse had notice of the intent to injure the rights of the spouse

67-13    seeking to void the transaction.

67-14          Sec. 6.708.  COSTS.  (a)  In a suit for dissolution of a

67-15    marriage, the court as it considers reasonable may award costs to a

67-16    party.  Costs may not be adjudged against a party against whom a

67-17    divorce is granted for confinement in a mental hospital under

67-18    Section 6.007.

67-19          (b)  The expenses of counseling may be taxed as costs against

67-20    either or both parties.

67-21          Sec. 6.709.  TEMPORARY ORDERS DURING APPEAL.  (a)  Not later

67-22    than the 30th day after the date an appeal is perfected, on the

67-23    motion of a party or on the court's own motion, after notice and

67-24    hearing, the trial court may render a temporary order necessary for

67-25    the preservation of the property and for the protection of the

 68-1    parties during the appeal, including an order to:

 68-2                (1)  require the support of either spouse;

 68-3                (2)  require the payment of reasonable attorney's fees

 68-4    and expenses;

 68-5                (3)  appoint a receiver for the preservation and

 68-6    protection of the property of the parties; or

 68-7                (4)  award one spouse exclusive occupancy of the

 68-8    parties' residence pending the appeal.

 68-9          (b)  The trial court retains jurisdiction to enforce a

68-10    temporary order under this section unless the appellate court, on a

68-11    proper showing, supersedes the trial court's order.

68-12               (Sections 6.710-6.800 reserved for expansion)

68-13                         SUBCHAPTER I.  REMARRIAGE

68-14          Sec. 6.801.  REMARRIAGE.  (a)  Except as otherwise provided

68-15    by this subchapter, neither party to a divorce may marry a third

68-16    party before the 31st day after the date the divorce is decreed.

68-17          (b)  The former spouses may marry each other at any time.

68-18          Sec. 6.802.  WAIVER OF PROHIBITION AGAINST REMARRIAGE.  For

68-19    good cause shown the court may waive the prohibition against

68-20    remarriage provided by this subchapter as to either or both spouses

68-21    if a record of the proceedings is made and preserved or if findings

68-22    of fact and conclusions of law are filed by the court.

68-23                   CHAPTER 7.  AWARD OF MARITAL PROPERTY

68-24          Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  In a decree

68-25    of divorce or annulment, the court shall order a division of the

 69-1    estate of the parties in a manner that the court deems just and

 69-2    right, having due regard for the rights of each party and any

 69-3    children of the marriage.

 69-4          Sec. 7.002.  DIVISION OF PROPERTY UNDER SPECIAL

 69-5    CIRCUMSTANCES.  In addition to the division of the estate of the

 69-6    parties required by Section 7.001, in a decree of divorce or

 69-7    annulment the court shall order a division of the following real

 69-8    and personal property, wherever situated, in a manner that the

 69-9    court deems just and right, having due regard for the rights of

69-10    each party and any children of the marriage:

69-11                (1)  property that was acquired by either spouse while

69-12    domiciled in another state and that would have been community

69-13    property if the spouse who acquired the property had been domiciled

69-14    in this state at the time of the acquisition; or

69-15                (2)  property that was acquired by either spouse in

69-16    exchange for real or personal property and that would have been

69-17    community property if the spouse who acquired the property so

69-18    exchanged had been domiciled in this state at the time of its

69-19    acquisition.

69-20          Sec. 7.003.  DISPOSITION OF RETIREMENT AND EMPLOYMENT

69-21    BENEFITS AND OTHER PLANS.  In a decree of divorce or annulment, the

69-22    court shall determine the rights of both spouses in a pension,

69-23    retirement plan, annuity, individual retirement account, employee

69-24    stock option plan, stock option, or other form of savings, bonus,

69-25    profit-sharing, or other employer plan or financial plan of an

 70-1    employee or a participant, regardless of whether the person is

 70-2    self-employed, in the nature of compensation or savings.

 70-3          Sec. 7.004.  DISPOSITION OF RIGHTS IN INSURANCE.  In a decree

 70-4    of divorce or annulment, the court shall specifically divide or

 70-5    award the rights of each spouse in an insurance policy.

 70-6          Sec. 7.005.  INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.

 70-7    (a)  If in a decree of divorce or annulment the court does not

 70-8    specifically award all of the rights of the spouses in an insurance

 70-9    policy other than life insurance in effect at the time the decree

70-10    is rendered, the policy remains in effect until the policy expires

70-11    according to the policy's own terms.

70-12          (b)  The proceeds of a valid claim under the policy are

70-13    payable as follows:

70-14                (1)  if the interest in the property insured was

70-15    awarded solely to one former spouse by the decree, to that former

70-16    spouse;

70-17                (2)  if an interest in the property insured was awarded

70-18    to each former spouse, to those former spouses in proportion to the

70-19    interests awarded; or

70-20                (3)  if the insurance coverage is directly related to

70-21    the person of one of the former spouses, to that former spouse.

70-22          (c)  The failure of either former spouse to change the

70-23    endorsement on the policy to reflect the distribution of proceeds

70-24    established by this section does not relieve the insurer of

70-25    liability to pay the proceeds or any other obligation on the

 71-1    policy.

 71-2          (d)  This section does not affect the right of a former

 71-3    spouse to assert an ownership interest in an undivided life

 71-4    insurance policy, as provided by Subchapter D, Chapter 9.

 71-5          Sec. 7.006.  AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.

 71-6    (a)  To promote amicable settlement of disputes in a suit for

 71-7    divorce or annulment, the spouses may enter into a written

 71-8    agreement concerning the division of the property and the

 71-9    liabilities of the spouses and maintenance of either spouse.  The

71-10    agreement may be revised or repudiated before rendition of the

71-11    divorce or annulment unless the agreement is binding under another

71-12    rule of law.

71-13          (b)  If the court finds that the terms of the written

71-14    agreement in a divorce or annulment are just and right, those terms

71-15    are binding on the court.  If the court approves the agreement, the

71-16    court may set forth the agreement in full or incorporate the

71-17    agreement by reference in the final decree.

71-18          (c)  If the court finds that the terms of the written

71-19    agreement in a divorce or annulment are not just and right, the

71-20    court may request the spouses to submit a revised agreement or may

71-21    set the case for a contested hearing.

71-22                          CHAPTER 8.  MAINTENANCE

71-23          Sec. 8.001.  DEFINITION.  In this chapter, "maintenance"

71-24    means an award in a suit for dissolution of a marriage of periodic

71-25    payments from the future income of one spouse for the support of

 72-1    the other spouse.

 72-2          Sec. 8.002.  Eligibility for Maintenance.  In a suit for

 72-3    dissolution of a marriage or in a proceeding for maintenance in a

 72-4    court with personal jurisdiction over both former spouses following

 72-5    the dissolution of their marriage by a court that lacked personal

 72-6    jurisdiction over an absent spouse, the court may order maintenance

 72-7    for either spouse only if:

 72-8                (1)  the spouse from whom maintenance is requested was

 72-9    convicted of or received deferred adjudication for a criminal

72-10    offense that also constitutes an act of family violence under

72-11    Chapter 71 and the offense occurred:

72-12                      (A)  within two years before the date on which a

72-13    suit for dissolution of the marriage is filed; or

72-14                      (B)  while the suit is pending; or

72-15                (2)  the duration of the marriage was 10 years or

72-16    longer, the spouse seeking maintenance lacks sufficient property,

72-17    including property distributed to the spouse under this code, to

72-18    provide for the spouse's minimum reasonable needs, as limited by

72-19    Section 8.005, and the spouse seeking maintenance:

72-20                      (A)  is unable to support himself or herself

72-21    through appropriate employment because of an incapacitating

72-22    physical or mental disability;

72-23                      (B)  is the custodian of a child who requires

72-24    substantial care and personal supervision because a physical or

72-25    mental disability makes it necessary, taking into consideration the

 73-1    needs of the child, that the spouse not be employed outside the

 73-2    home; or

 73-3                      (C)  clearly lacks earning ability in the labor

 73-4    market adequate to provide support for the spouse's minimum

 73-5    reasonable needs, as limited by Section 8.005.

 73-6          Sec. 8.003.  Factors in Determining Maintenance.  A court

 73-7    that determines that a spouse is eligible to receive maintenance

 73-8    under this chapter shall determine the nature, amount, duration,

 73-9    and manner of periodic payments by considering all relevant

73-10    factors, including:

73-11                (1)  the financial resources of the spouse seeking

73-12    maintenance, including the community and separate property and

73-13    liabilities apportioned to that spouse in the dissolution

73-14    proceeding, and that spouse's ability to meet the spouse's needs

73-15    independently;

73-16                (2)  the education and employment skills of the

73-17    spouses, the time necessary to acquire sufficient education or

73-18    training to enable the spouse seeking maintenance to find

73-19    appropriate employment, the availability of that education or

73-20    training, and the feasibility of that education or training;

73-21                (3)  the duration of the marriage;

73-22                (4)  the age, employment history, earning ability, and

73-23    physical and emotional condition of the spouse seeking maintenance;

73-24                (5)  the ability of the spouse from whom maintenance is

73-25    requested to meet that spouse's personal needs and to provide

 74-1    periodic child support payments, if applicable, while meeting the

 74-2    personal needs of the spouse seeking maintenance;

 74-3                (6)  acts by either spouse resulting in excessive or

 74-4    abnormal expenditures or destruction, concealment, or fraudulent

 74-5    disposition of community property, joint tenancy, or other property

 74-6    held in common;

 74-7                (7)  the comparative financial resources of the

 74-8    spouses, including medical, retirement, insurance, or other

 74-9    benefits, and the separate property of each spouse;

74-10                (8)  the contribution by one spouse to the education,

74-11    training, or increased earning power of the other spouse;

74-12                (9)  the property brought to the marriage by either

74-13    spouse;

74-14                (10)  the contribution of a spouse as homemaker;

74-15                (11)  marital misconduct of the spouse seeking

74-16    maintenance; and

74-17                (12)  the efforts of the spouse seeking maintenance to

74-18    pursue available employment counseling as provided by Chapter 304,

74-19    Labor Code.

74-20          Sec. 8.004.  Presumption.  (a)  Except as provided by

74-21    Subsection (b), it is presumed that maintenance is not warranted

74-22    unless the spouse seeking maintenance has exercised diligence in:

74-23                (1)  seeking suitable employment; or

74-24                (2)  developing the necessary skills to become

74-25    self-supporting during a period of separation and during the time

 75-1    the suit for dissolution of the marriage is pending.

 75-2          (b)  This section does not apply to a spouse who is not able

 75-3    to satisfy the presumption in Subsection (a) because of an

 75-4    incapacitating physical or mental disability.

 75-5          Sec. 8.005.  Duration of Maintenance Order.  (a)  Except as

 75-6    provided by Subsection (b), a court:

 75-7                (1)  may not order maintenance that remains in effect

 75-8    for more than three years after the date of the order; and

 75-9                (2)  shall limit the duration of a maintenance order to

75-10    the shortest reasonable period that allows the spouse seeking

75-11    maintenance to meet the spouse's minimum reasonable needs by

75-12    obtaining appropriate employment or developing an appropriate

75-13    skill, unless the ability of the spouse to provide for the spouse's

75-14    minimum reasonable needs through employment is substantially or

75-15    totally diminished because of:

75-16                      (A)  physical or mental disability;

75-17                      (B)  duties as the custodian of an infant or

75-18    young child; or

75-19                      (C)  another compelling impediment to gainful

75-20    employment.

75-21          (b)  If a spouse seeking maintenance is unable to support

75-22    himself or herself through appropriate employment because of an

75-23    incapacitating physical or mental disability, the court may order

75-24    maintenance for an indefinite period for as long as the disability

75-25    continues.  The court may order periodic review of its order, on

 76-1    the request of either party or on its own motion, to determine

 76-2    whether the disability is continuing.  The continuation of spousal

 76-3    maintenance under these circumstances is subject to a motion to

 76-4    modify as provided by Section 8.008.

 76-5          Sec. 8.006.  Amount of Maintenance.  (a)  A court may not

 76-6    order maintenance that requires a spouse to pay monthly more than

 76-7    the lesser of:

 76-8                (1)  $2,500; or

 76-9                (2)  20 percent of the spouse's average monthly gross

76-10    income.

76-11          (b)  The court shall set the amount that a spouse is required

76-12    to pay in a maintenance order to provide for the minimum reasonable

76-13    needs of the spouse receiving the maintenance under the order,

76-14    considering employment or property received in the dissolution of

76-15    the marriage or otherwise owned by the spouse receiving the

76-16    maintenance that contributes to the minimum reasonable needs of

76-17    that spouse.

76-18          (c)  Department of Veterans Affairs service-connected

76-19    disability compensation, social security benefits and disability

76-20    benefits, and workers' compensation benefits are excluded from

76-21    maintenance.

76-22          Sec. 8.007.  Termination.  (a)  The obligation to pay future

76-23    maintenance terminates on the death of either party or on the

76-24    remarriage of the party receiving maintenance.

76-25          (b)  After a hearing, the court shall terminate the

 77-1    maintenance order if the party receiving maintenance cohabits with

 77-2    another person in a permanent place of abode on a continuing,

 77-3    conjugal basis.

 77-4          Sec. 8.008.  Modification of Maintenance Order.  (a)  The

 77-5    amount of maintenance specified in a court order or the portion of

 77-6    a decree that provides for the support of a former spouse may be

 77-7    reduced by the filing of a motion in the court that originally

 77-8    rendered the order.  A party affected by the order or the portion

 77-9    of the decree to be modified may file the motion.

77-10          (b)  Notice of a motion to modify maintenance and the

77-11    response, if any, are governed by the Texas Rules of Civil

77-12    Procedure applicable to the filing of an original lawsuit.  Notice

77-13    must be given by service of citation, and a response must be in the

77-14    form of an answer due on or before 10 a.m. of the first Monday

77-15    after 20 days after the date of service.  A court shall set a

77-16    hearing on the motion in the manner provided by Rule 245, Texas

77-17    Rules of Civil Procedure.

77-18          (c)  After a hearing, the court may modify an original or

77-19    modified order or portion of a decree providing for maintenance on

77-20    a proper showing of a material and substantial change in

77-21    circumstances of either party.  The court shall apply the

77-22    modification only to payment accruing after the filing of the

77-23    motion to modify.

77-24          (d)  A loss of employment or circumstances that render a

77-25    former spouse unable to support himself or herself through

 78-1    appropriate employment by reason of incapacitating physical or

 78-2    mental disability that occur after the divorce or annulment are not

 78-3    grounds for the institution of spousal maintenance for the benefit

 78-4    of the former spouse.

 78-5          Sec. 8.009.  Enforcement of Maintenance Order.  (a)  The

 78-6    court may enforce by contempt the court's maintenance order or an

 78-7    agreement for the payment of maintenance voluntarily entered into

 78-8    between the parties and approved by the court.

 78-9          (b)  On the suit to enforce of a party entitled to receive

78-10    maintenance payments, the court may render judgment against a

78-11    defaulting party for an amount unpaid and owing after notice by

78-12    service of citation, answer, if any, and a hearing finding that the

78-13    defaulting party has failed or refused to carry out the terms of

78-14    the order.  The judgment may be enforced by any means available for

78-15    the enforcement of judgment for debts.

78-16          (c)  It is an affirmative defense to an allegation of

78-17    contempt of court or the violation of a condition of probation

78-18    requiring payment of court-ordered maintenance that the obligor:

78-19                (1)  lacked the ability to provide maintenance in the

78-20    amount ordered;

78-21                (2)  lacked property that could be sold, mortgaged, or

78-22    otherwise pledged to raise the funds needed;

78-23                (3)  attempted unsuccessfully to borrow the needed

78-24    funds; and

78-25                (4)  did not know of a source from which the money

 79-1    could have been borrowed or otherwise legally obtained.

 79-2          (d)  The issue of the existence of an affirmative defense

 79-3    does not arise unless evidence is admitted supporting the defense.

 79-4    If the issue of the existence of an affirmative defense arises, an

 79-5    obligor must prove the affirmative defense by a preponderance of

 79-6    the evidence.

 79-7          Sec. 8.010.  Putative Spouse.  In a suit to declare a

 79-8    marriage void, a putative spouse who did not have knowledge of an

 79-9    existing impediment to a valid marriage may be awarded maintenance

79-10    if otherwise qualified to receive maintenance under this chapter.

79-11          Sec. 8.011.  Unmarried Cohabitants.  An order for maintenance

79-12    is not authorized between unmarried cohabitants under any

79-13    circumstances.

79-14                    CHAPTER 9.  POST-DECREE PROCEEDINGS

79-15                   SUBCHAPTER A.  SUIT TO ENFORCE DECREE

79-16          Sec. 9.001.  ENFORCEMENT OF DECREE.  (a)  A party affected by

79-17    a decree of divorce or annulment providing for a division of

79-18    property as provided by Chapter 7 may request enforcement of that

79-19    decree by filing a suit to enforce as provided by this chapter in

79-20    the court that rendered the decree.

79-21          (b)  Except as otherwise provided in this chapter, a suit to

79-22    enforce shall be governed by the Texas Rules of Civil Procedure

79-23    applicable to the filing of an original lawsuit.

79-24          (c)  A party whose rights, duties, powers, or liabilities may

79-25    be affected by the suit to enforce is entitled to receive notice by

 80-1    citation and shall be commanded to appear by filing a written

 80-2    answer.  Thereafter, the proceedings shall be as in civil cases

 80-3    generally.

 80-4          Sec. 9.002.  CONTINUING AUTHORITY TO ENFORCE DECREE.  The

 80-5    court that rendered the decree of divorce or annulment retains the

 80-6    power to enforce the property division as provided by Chapter 7.

 80-7          Sec. 9.003.  FILING DEADLINES.  (a)  A suit to enforce the

 80-8    division of tangible personal property in existence at the time of

 80-9    the decree of divorce or annulment must be filed before the second

80-10    anniversary of the date the decree was signed or becomes final

80-11    after appeal, whichever date is later, or the suit is barred.

80-12          (b)  A suit to enforce the division of future property not in

80-13    existence at the time of the original decree must be filed before

80-14    the second anniversary of the date the right to the property

80-15    matures or accrues or the decree becomes final, whichever date is

80-16    later, or the suit is barred.

80-17          Sec. 9.004.  APPLICABILITY TO UNDIVIDED PROPERTY.  The

80-18    procedures and limitations of this subchapter do not apply to

80-19    existing property not divided on divorce, which are governed by

80-20    Subchapter C and by the rules applicable to civil cases generally.

80-21          Sec. 9.005.  NO JURY.  A party may not demand a jury trial if

80-22    the procedures to enforce a decree of divorce or annulment provided

80-23    by this subchapter are invoked.

80-24          Sec. 9.006.  ENFORCEMENT OF DIVISION OF PROPERTY.

80-25    (a)  Except as provided by this subchapter and by the Texas Rules

 81-1    of Civil Procedure, the court may render further orders to enforce

 81-2    the division of property made in the decree of divorce or annulment

 81-3    to assist in the implementation of or to clarify the prior order.

 81-4          (b)  The court may specify more precisely the manner of

 81-5    effecting the property division previously made if the substantive

 81-6    division of property is not altered or changed.

 81-7          (c)  An order of enforcement does not alter or affect the

 81-8    finality of the decree of divorce or annulment being enforced.

 81-9          Sec. 9.007.  LIMITATION ON POWER OF COURT TO ENFORCE.  (a)  A

81-10    court may not amend, modify, alter, or change the division of

81-11    property made or approved in the decree of divorce or annulment.

81-12    An order to enforce the division is limited to an order to assist

81-13    in the implementation of or to clarify the prior order and may not

81-14    alter or change the substantive division of property.

81-15          (b)  An order under this section that amends, modifies,

81-16    alters, or changes the actual, substantive division of property

81-17    made or approved in a final decree of divorce or annulment is

81-18    beyond the power of the divorce court and is unenforceable.

81-19          (c)  The power of the court to render further orders to

81-20    assist in the implementation of or to clarify the property division

81-21    is abated while an appellate proceeding is pending.

81-22          Sec. 9.008.  CLARIFICATION ORDER.  (a)  On the request of a

81-23    party or on the court's own motion, the court may render a

81-24    clarifying order before a motion for contempt is made or heard, in

81-25    conjunction with a motion for contempt or on denial of a motion for

 82-1    contempt.

 82-2          (b)  On a finding by the court that the original form of the

 82-3    division of property is not specific enough to be enforceable by

 82-4    contempt, the court may render a clarifying order setting forth

 82-5    specific terms to enforce compliance with the original division of

 82-6    property.

 82-7          (c)  The court may not give retroactive effect to a

 82-8    clarifying order.

 82-9          (d)  The court shall provide a reasonable time for compliance

82-10    before enforcing a clarifying order by contempt or in another

82-11    manner.

82-12          Sec. 9.009.  DELIVERY OF PROPERTY.  To enforce the division

82-13    of property made in a decree of divorce or annulment, the court may

82-14    make an order to deliver the specific existing property awarded,

82-15    without regard to whether the property is of especial value,

82-16    including an award of an existing sum of money or its equivalent.

82-17          Sec. 9.010.  REDUCTION TO MONEY JUDGMENT.  (a)  If a party

82-18    fails to comply with a decree of divorce or annulment and delivery

82-19    of property awarded in the decree is no longer an adequate remedy,

82-20    the court may render a money judgment for the damages caused by

82-21    that failure to comply.

82-22          (b)  If a party did not receive payments of money as awarded

82-23    in the decree of divorce or annulment, the court may render

82-24    judgment against a defaulting party for the amount of unpaid

82-25    payments to which the party is entitled.

 83-1          (c)  The remedy of a reduction to money judgment is in

 83-2    addition to the other remedies provided by law.

 83-3          (d)  A money judgment rendered under this section may be

 83-4    enforced by any means available for the enforcement of judgment for

 83-5    debt.

 83-6          Sec. 9.011.  RIGHT TO FUTURE PROPERTY.  (a)  The court may,

 83-7    by any remedy provided by this chapter, enforce an award of the

 83-8    right to receive installment payments or a lump-sum payment due on

 83-9    the maturation of an existing vested or nonvested right to be paid

83-10    in the future.

83-11          (b)  The subsequent actual receipt by the non-owning party of

83-12    property awarded to the owner in a decree of divorce or annulment

83-13    creates a fiduciary obligation in favor of the owner and imposes a

83-14    constructive trust on the property for the benefit of the owner.

83-15          Sec. 9.012.  CONTEMPT.  (a)  The court may enforce by

83-16    contempt an order requiring delivery of specific property or an

83-17    award of a right to future property.

83-18          (b)  The court may not enforce by contempt an award in a

83-19    decree of divorce or annulment of a sum of money payable in a lump

83-20    sum or in future installment payments in the nature of debt, except

83-21    for:

83-22                (1)  a sum of money in existence at the time the decree

83-23    was rendered; or

83-24                (2)  a matured right to future payments as provided by

83-25    Section 9.011.

 84-1          (c)  This subchapter does not detract from or limit the

 84-2    general power of a court to enforce an order of the court by

 84-3    appropriate means.

 84-4          Sec. 9.013.  COSTS.  The court may award costs in a

 84-5    proceeding to enforce a property division under this subchapter as

 84-6    in other civil cases.

 84-7          Sec. 9.014.  ATTORNEY'S FEES.  The court may award reasonable

 84-8    attorney's fees as costs in a proceeding under this subchapter.

 84-9    The court may order the attorney's fees to be paid directly to the

84-10    attorney, who may enforce the order for fees in the attorney's own

84-11    name by any means available for the enforcement of a judgment for

84-12    debt.

84-13               (Sections 9.015-9.100 reserved for expansion)

84-14       SUBCHAPTER B.  POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER

84-15          Sec. 9.101.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS

84-16    ORDER.  (a)  Notwithstanding any other provision of this chapter,

84-17    the court that rendered a final decree of divorce or annulment or

84-18    another final order dividing property under this title retains

84-19    continuing, exclusive jurisdiction to render an enforceable

84-20    qualified domestic relations order or similar order permitting

84-21    payment of pension, retirement plan, or other employee benefits

84-22    divisible under the law of this state or of the United States to an

84-23    alternate payee or other lawful payee.

84-24          (b)  Unless prohibited by federal law, a suit seeking a

84-25    qualified domestic relations order or similar order under this

 85-1    section applies to a previously divided pension, retirement plan,

 85-2    or other employee benefit divisible under the law of this state or

 85-3    of the United States, whether the plan or benefit is private,

 85-4    state, or federal.

 85-5          Sec. 9.102.  PROCEDURE.  (a)  A party to a decree of divorce

 85-6    or annulment may petition the court for a qualified domestic

 85-7    relations order or similar order.

 85-8          (b)  Except as otherwise provided by this code, a petition

 85-9    under this subchapter is governed by the Texas Rules of Civil

85-10    Procedure that apply to the filing of an original lawsuit.

85-11          (c)  Each party whose rights may be affected by the petition

85-12    is entitled to receive notice by citation and shall be commanded to

85-13    appear by filing a written answer.

85-14          (d)  The proceedings shall be conducted in the same manner as

85-15    civil cases generally.

85-16          Sec. 9.103.  PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC

85-17    RELATIONS ORDER.  A party may petition a court to render a

85-18    qualified domestic relations order or similar order if the court

85-19    that rendered a final decree of divorce or annulment or another

85-20    final order dividing property under this chapter did not provide a

85-21    qualified domestic relations order or similar order permitting

85-22    payment of benefits to an alternate payee or other lawful payee.

85-23          Sec. 9.104.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a

85-24    plan administrator or other person acting in an equivalent capacity

85-25    determines that a domestic relations order does not satisfy the

 86-1    requirements of a qualified domestic relations order or similar

 86-2    order, the court retains continuing, exclusive jurisdiction over

 86-3    the parties and their property to the extent necessary to render a

 86-4    qualified domestic relations order.

 86-5          Sec. 9.105.  LIBERAL CONSTRUCTION.  The court shall liberally

 86-6    construe this subchapter to effect payment of retirement benefits

 86-7    that were divided by a previous decree that failed to contain a

 86-8    qualified domestic relations order or similar order or that

 86-9    contained an order that failed to meet the requirements of a

86-10    qualified domestic relations order or similar order.

86-11               (Sections 9.106-9.200 reserved for expansion)

86-12              SUBCHAPTER C.  POST-DECREE DIVISION OF PROPERTY

86-13          Sec. 9.201.  PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT

86-14    DIVIDED ON DIVORCE OR ANNULMENT.  (a)  Either former spouse may

86-15    file a suit as provided by this subchapter to divide property not

86-16    divided or awarded to a spouse in a final decree of divorce or

86-17    annulment.

86-18          (b)  Except as otherwise provided by this subchapter, the

86-19    suit is governed by the Texas Rules of Civil Procedure applicable

86-20    to the filing of an original lawsuit.

86-21          Sec. 9.202.  LIMITATIONS.  (a)  A suit under this subchapter

86-22    must be filed before the second anniversary of the date a former

86-23    spouse unequivocally repudiates the existence of the ownership

86-24    interest of the other former spouse and communicates that

86-25    repudiation to the other former spouse.

 87-1          (b)  The two-year limitations period is tolled for the period

 87-2    that a court of this state does not have jurisdiction over the

 87-3    former spouses or over the property.

 87-4          Sec. 9.203.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

 87-5    HAD JURISDICTION.  (a)  If a court of this state failed to dispose

 87-6    of property subject to division in a final decree of divorce or

 87-7    annulment even though the court had jurisdiction over the spouses

 87-8    or over the property, the court shall divide the property in a

 87-9    manner that the court deems just and right, having due regard for

87-10    the rights of each party and any children of the marriage.

87-11          (b)  If a final decree of divorce or annulment rendered by a

87-12    court in another state failed to dispose of property subject to

87-13    division under the law of that state even though the court had

87-14    jurisdiction to do so, a court of this state shall apply the law of

87-15    the other state regarding undivided property as required by Section

87-16    1, Article IV, United States Constitution (the full faith and

87-17    credit clause), and enabling federal statutes.

87-18          Sec. 9.204.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

87-19    LACKED JURISDICTION.  (a)  If a court of this state failed to

87-20    dispose of property subject to division in a final decree of

87-21    divorce or annulment because the court lacked jurisdiction over a

87-22    spouse or the property, and if that court subsequently acquires the

87-23    requisite jurisdiction, that court may divide the property in a

87-24    manner that the court deems just and right, having due regard for

87-25    the rights of each party and any children of the marriage.

 88-1          (b)  If a final decree of divorce or annulment rendered by a

 88-2    court in another state failed to dispose of property subject to

 88-3    division under the law of that state because the court lacked

 88-4    jurisdiction over a spouse or the property, and if a court of this

 88-5    state subsequently acquires the requisite jurisdiction over the

 88-6    former spouses or over the property, the court in this state may

 88-7    divide the property in a manner that the court deems just and

 88-8    right, having due regard for the rights of each party and any

 88-9    children of the marriage.

88-10          Sec. 9.205.  ATTORNEY'S FEES.  In a proceeding to divide

88-11    property previously undivided in a decree of divorce or annulment

88-12    as provided by this subchapter, the court may award reasonable

88-13    attorney's fees as costs.  The court may order the attorney's fees

88-14    to be paid directly to the attorney, who may enforce the order in

88-15    the attorney's own name by any means available for the enforcement

88-16    of a judgment for debt.

88-17               (Sections 9.206-9.300 reserved for expansion)

88-18        SUBCHAPTER D.  DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST

88-19          Sec. 9.301.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

88-20    BENEFICIARY OF LIFE INSURANCE.  (a)  If a decree of divorce or

88-21    annulment is rendered after an insured has designated the insured's

88-22    spouse as a beneficiary under a life insurance policy in force at

88-23    the time of rendition, a provision in the policy in favor of the

88-24    insured's former spouse is not effective unless:

88-25                (1)  the decree designates the insured's former spouse

 89-1    as the beneficiary;

 89-2                (2)  the insured redesignates the former spouse as the

 89-3    beneficiary after rendition of the decree; or

 89-4                (3)  the former spouse is designated to receive the

 89-5    proceeds in trust for, on behalf of, or for the benefit of a child

 89-6    or a dependent of either former spouse.

 89-7          (b)  If a designation is not effective under Subsection (a),

 89-8    the proceeds of the policy are payable to the named alternative

 89-9    beneficiary or, if there is not a named alternative beneficiary, to

89-10    the estate of the insured.

89-11          (c)  An insurer who pays the proceeds of a life insurance

89-12    policy issued by the insurer to the beneficiary under a designation

89-13    that is not effective under Subsection (a) is liable for payment of

89-14    the proceeds to the person or estate provided by Subsection (b)

89-15    only if:

89-16                (1)  before payment of the proceeds to the designated

89-17    beneficiary, the insurer receives written notice at the home office

89-18    of the insurer from an interested person that the designation is

89-19    not effective under Subsection (a); and

89-20                (2)  the insurer has not interpleaded the proceeds into

89-21    the registry of a court of competent jurisdiction in accordance

89-22    with the Texas Rules of Civil Procedure.

89-23          Sec. 9.302.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

89-24    BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.

89-25    (a)  If a decree of divorce or annulment is rendered after a

 90-1    spouse, acting in the capacity of a participant, annuitant, or

 90-2    account holder, has designated the other spouse as a beneficiary

 90-3    under an individual retirement account, employee stock option plan,

 90-4    stock option, or other form of savings, bonus, profit-sharing, or

 90-5    other employer plan or financial plan of an employee or a

 90-6    participant in force at the time of rendition, the designating

 90-7    provision in the plan in favor of the other former spouse is not

 90-8    effective unless:

 90-9                (1)  the decree designates the other former spouse as

90-10    the beneficiary;

90-11                (2)  the designating former spouse redesignates the

90-12    other former spouse as the beneficiary after rendition of the

90-13    decree; or

90-14                (3)  the other former spouse is designated to receive

90-15    the proceeds or benefits in trust for, on behalf of, or for the

90-16    benefit of a child or dependent of either former spouse.

90-17          (b)  If a designation is not effective under Subsection (a),

90-18    the benefits or proceeds are payable to the named alternative

90-19    beneficiary or, if there is not a named alternative beneficiary, to

90-20    the designating former spouse.

90-21          (c)  A business entity, employer, pension trust, insurer,

90-22    financial institution, or other person obligated to pay retirement

90-23    benefits or proceeds of a financial plan covered by this section

90-24    who pays the benefits or proceeds to the beneficiary under a

90-25    designation of the other former spouse that is not effective under

 91-1    Subsection (a) is liable for payment of the benefits or proceeds to

 91-2    the person provided by Subsection (b) only if:

 91-3                (1)  before payment of the benefits or proceeds to the

 91-4    designated beneficiary, the payor receives written notice at the

 91-5    home office or principal office of the payor from an interested

 91-6    person that the designation of the beneficiary or fiduciary is not

 91-7    effective under Subsection (a); and

 91-8                (2)  the payor has not interpleaded the benefits or

 91-9    proceeds into the registry of a court of competent jurisdiction in

91-10    accordance with the Texas Rules of Civil Procedure.

91-11          (d)  This section does not affect the right of a former

91-12    spouse to assert an ownership interest in an undivided pension,

91-13    retirement, annuity, or other financial plan described by this

91-14    section as provided by this subchapter.

91-15          (e)  This section does not apply to the disposition of a

91-16    beneficial interest in a retirement benefit or other financial plan

91-17    of a public retirement system as defined by Section 802.001,

91-18    Government Code.

91-19          SECTION 2.  Subpart D, Part 5, Chapter XIII, Texas Probate

91-20    Code, is amended by adding Sections 886 through 886F to read as

91-21    follows:

91-22          Sec. 886.  APPOINTMENT OF RECEIVER.  (a)  If any of the

91-23    separate property of a person reported to be a prisoner of war or

91-24    missing in action by the United States Department of Defense

91-25    appears to be in danger of injury, loss, or waste and in need of a

 92-1    representative, a district judge of the county in which the person

 92-2    reported to be a prisoner of war or missing in action or the spouse

 92-3    of the person resides or where the endangered separate property is

 92-4    located may by order, with or without application, appoint a

 92-5    suitable person as receiver to take charge of the endangered

 92-6    separate property.

 92-7          (b)  The order must include a requirement that the receiver

 92-8    post bond as in ordinary receiverships in a sum the judge considers

 92-9    necessary to protect the separate property and shall specify the

92-10    duties and powers of the receiver as the judge considers necessary

92-11    for the protection, conservation, and preservation of the separate

92-12    property.

92-13          (c)  The clerk shall enter the order in the minutes of the

92-14    court, and the person appointed shall post bond for submission to

92-15    the judge for approval.  On approval by the judge, the bond shall

92-16    be filed with the clerk.

92-17          (d)  The receiver shall take charge of the endangered

92-18    separate property under the duties and powers provided by the order

92-19    of appointment and by subsequent orders as the judge shall make.

92-20          Sec. 886A.  EXPENDITURES BY RECEIVER.  If during the

92-21    receivership under Section 886 of this code the needs of the spouse

92-22    or dependent children of the person reported to be a prisoner of

92-23    war or missing in action require the use of the income or corpus of

92-24    the estate for education, clothing, or subsistence, the judge may,

92-25    with or without application, by order entered in the minutes of the

 93-1    court, appropriate an amount of the income or corpus sufficient for

 93-2    that purpose.  The income or corpus shall be used by the receiver

 93-3    to pay claims for education, clothing, or subsistence that are

 93-4    presented to the judge and approved and ordered to be paid.

 93-5          Sec. 886B.  INVESTMENTS, LOANS, AND CONTRIBUTIONS BY

 93-6    RECEIVER.  If during the receivership under Section 886 of this

 93-7    code the receiver has on hand an amount of money belonging to the

 93-8    person reported to be a prisoner of war or missing in action in

 93-9    excess of the amount needed for current necessities and expenses,

93-10    the receiver may, under direction of the judge, invest, lend, or

93-11    contribute all or a part of the excess money in the manner provided

93-12    by this chapter for investments, loans, or contributions by

93-13    guardians.  The receiver shall report to the judge all transactions

93-14    involving excess money in the manner that reports are required of

93-15    guardians.

93-16          Sec. 886C.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.

93-17    (a)  All necessary expenses incurred by the receiver in

93-18    administering the property may be reported monthly to the judge by

93-19    a sworn statement of account, including a report of:

93-20                (1)  the receiver's acts;

93-21                (2)  the condition of the property;

93-22                (3)  the status of the threatened danger to the

93-23    property; and

93-24                (4)  the progress made toward abatement of the

93-25    threatened danger.

 94-1          (b)  If the judge is satisfied that the statement is correct

 94-2    and reasonable in all respects, the judge shall promptly by order

 94-3    approve the report and authorize the reimbursement of the receiver

 94-4    from the funds under the receiver's control.

 94-5          (c)  For official services rendered, the receiver is entitled

 94-6    to be compensated in the same manner and amount as is provided by

 94-7    this chapter for similar services rendered by guardians of estates.

 94-8          Sec. 886D.  CLOSING RECEIVERSHIP.  When the threatened danger

 94-9    has abated and the separate property is no longer liable to injury,

94-10    loss, or waste for the lack of a representative, the receiver

94-11    shall:

94-12                (1)  report to the judge; and

94-13                (2)  file with the clerk a full and final sworn account

94-14    of:

94-15                      (A)  all property received by the receiver;

94-16                      (B)  all sums paid out;

94-17                      (C)  all acts performed by the receiver with

94-18    respect to the property; and

94-19                      (D)  all property remaining in the receiver's

94-20    control.

94-21          Sec. 886E.  ACTION OF JUDGE.  (a)  If on hearing the report

94-22    and account the judge is satisfied that the danger of injury, loss,

94-23    or waste has abated and that the report and account are correct,

94-24    the judge shall render an order so finding and shall direct the

94-25    receiver to deliver the property to the person from whom the

 95-1    receiver took possession as receiver, to the person who was

 95-2    reported to be a prisoner of war or missing in action, or to

 95-3    another person the judge finds to be entitled to possession of the

 95-4    estate.  The person to whom the property is delivered shall execute

 95-5    and file with the clerk an appropriate receipt for the property

 95-6    delivered.

 95-7          (b)  The order of the judge shall discharge the receiver and

 95-8    the receiver's sureties.

 95-9          (c)  If the judge is not satisfied that the danger has

95-10    abated, or is not satisfied with the report and account, the judge

95-11    shall render an order continuing the receivership in  effect until

95-12    the judge is so satisfied.

95-13          Sec. 886F.  RECORDATION OF PROCEEDINGS.  All orders, bonds,

95-14    reports, accounts, and notices in the receivership proceedings

95-15    shall be recorded in the minutes of the court.

95-16          SECTION 3.  Title 1, Family Code, as that title existed

95-17    before the effective date of this Act, is repealed.

95-18          SECTION 4.  The change in law made by this Act does not

95-19    affect a proceeding under the Family Code pending on the effective

95-20    date of this Act.  A proceeding pending on the effective date of

95-21    this Act is governed by the law in effect at the time the

95-22    proceeding was commenced, and the former law is continued in effect

95-23    for that purpose.

95-24          SECTION 5.  The importance of this legislation and the

95-25    crowded condition of the calendars in both houses create an

 96-1    emergency and an imperative public necessity that the

 96-2    constitutional rule requiring bills to be read on three several

 96-3    days in each house be suspended, and this rule is hereby suspended,

 96-4    and that this Act take effect and be in force from and after its

 96-5    passage, and it is so enacted.