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.