By Harris                                        S.B. No. 334

      75R2188 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the recodification of statutes relating to the marriage

 1-3     relationship.

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

 1-5           SECTION 1.  The Family Code is recodified by reenacting Title

 1-6     1 to read as follows:

 1-7                     TITLE 1.  THE MARRIAGE RELATIONSHIP

 1-8                            SUBTITLE A.  MARRIAGE

 1-9                        CHAPTER 1. GENERAL PROVISIONS

1-10                         SUBCHAPTER A.  DEFINITIONS

1-11           Sec. 1.001.  APPLICABILITY OF DEFINITIONS.  (a)  The

1-12     definitions in this subchapter apply to this title.

1-13           (b)  Except as provided by this subchapter, the definitions

1-14     in Chapter 101 apply to terms used in this title.

1-15           (c)  If, in another part of this title, a term defined by

1-16     this subchapter has a meaning different from the meaning provided

1-17     by this subchapter, the meaning of that other provision prevails.

1-18           Sec. 1.002.  COURT.  "Court" means the district court,

1-19     juvenile court having the jurisdiction of a district court, or

1-20     other court expressly given jurisdiction of a suit under this

1-21     title.

1-22           Sec. 1.003.  SUIT FOR DISSOLUTION OF MARRIAGE.  "Suit for

1-23     dissolution of a marriage" includes a suit for divorce or annulment

1-24     or to declare a marriage void.

 2-1                (Sections 1.004-1.100 reserved for expansion)

 2-2                         SUBCHAPTER B. PUBLIC POLICY

 2-3           Sec. 1.101.  EVERY MARRIAGE PRESUMED VALID.  In order to

 2-4     promote the public health and welfare and to provide the necessary

 2-5     records, this code specifies detailed rules to be followed in

 2-6     establishing the marriage relationship.  However, in order to

 2-7     provide stability for those entering into the marriage relationship

 2-8     in good faith and to provide for an orderly determination of

 2-9     parentage and security for the children of the relationship, it is

2-10     the policy of this state to preserve and uphold each marriage

2-11     against claims of invalidity unless a strong reason exists for

2-12     holding the marriage void or voidable.  Therefore, every marriage

2-13     entered into in this state is presumed to be valid unless expressly

2-14     made void by Chapter 6 or unless expressly made voidable by Chapter

2-15     6 and annulled as provided by that chapter.

2-16           Sec. 1.102.  MOST RECENT MARRIAGE PRESUMED VALID.  When two

2-17     or more marriages of a person to different spouses are alleged, the

2-18     most recent marriage is presumed to be valid as against each

2-19     marriage that precedes the most recent marriage until one who

2-20     asserts the validity of a prior marriage proves the validity of the

2-21     prior marriage.

2-22           Sec. 1.103.  PERSONS MARRIED ELSEWHERE.  The law of this

2-23     state applies to persons married elsewhere who are domiciled in

2-24     this state.

2-25           Sec. 1.104.  CAPACITY OF SPOUSE.  Except as expressly

2-26     provided by statute or by the constitution, a person, regardless of

2-27     age, who has been married in accordance with the law of this state

 3-1     has the capacity and power of an adult, including the capacity to

 3-2     contract.

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

 3-4     and be sued without the joinder of the other spouse.

 3-5           (b)  When claims or liabilities are joint and several, the

 3-6     spouses may be joined under the rules relating to joinder of

 3-7     parties generally.

 3-8           Sec. 1.106.  CRIMINAL CONVERSATION NOT AUTHORIZED.  A right

 3-9     of action by one spouse against a third party for criminal

3-10     conversation is not authorized in this state.

3-11           Sec. 1.107.  ALIENATION OF AFFECTION NOT AUTHORIZED.  A right

3-12     of action by one spouse against a third party for alienation of

3-13     affection is not authorized in this state.

3-14           Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A

3-15     promise or agreement made on consideration of marriage or

3-16     nonmarital conjugal cohabitation is not enforceable unless the

3-17     promise or agreement or a memorandum of the promise or agreement is

3-18     in writing and signed by the person obligated by the promise or

3-19     agreement.

3-20                    CHAPTER 2.  THE MARRIAGE RELATIONSHIP

3-21               SUBCHAPTER A.  APPLICATION FOR MARRIAGE LICENSE

3-22           Sec. 2.001.  MARRIAGE LICENSE.  (a)  A man and a woman

3-23     desiring to enter into a ceremonial marriage must obtain a marriage

3-24     license from the county clerk of any county of this state.

3-25           (b)  A license may not be issued for the marriage of persons

3-26     of the same sex.

3-27           Sec. 2.002.  Application for License.  Except as provided by

 4-1     Section 2.006, each person applying for a license must:

 4-2                 (1)  appear before the county clerk;

 4-3                 (2)  submit the person's proof of identity and age as

 4-4     provided by this subchapter;

 4-5                 (3)  provide the information applicable to that person

 4-6     for which spaces are provided in the application for a marriage

 4-7     license;

 4-8                 (4)  mark the appropriate boxes provided in the

 4-9     application; and

4-10                 (5)  take the oath printed on the application and sign

4-11     the application before the county clerk.

4-12           Sec. 2.003.  Application for License by Minor.  In addition

4-13     to the other requirements provided by this chapter, a person under

4-14     18 years of age applying for a license must provide to the county

4-15     clerk:

4-16                 (1)  documents establishing, as provided by Section

4-17     2.102, parental consent for the person to the marriage;

4-18                 (2)  documents establishing that a prior marriage of

4-19     the person has been dissolved; or

4-20                 (3)  a court order granted under Section 2.103

4-21     authorizing the marriage of the person.

4-22           Sec. 2.004.  Application Form.  (a)  The county clerk shall

4-23     furnish the application form as prescribed by the bureau of vital

4-24     statistics.

4-25           (b)  The application form must contain:

4-26                 (1)  a heading entitled "Application for Marriage

4-27     License, ____________ County, Texas";

 5-1                 (2)  spaces for each applicant's full name, including

 5-2     the woman's maiden surname, address, social security number, if

 5-3     any, date of birth, and place of birth, including city, county, and

 5-4     state;

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

 5-6     each applicant as proof of identity and age;

 5-7                 (4)  spaces for indicating whether each applicant has

 5-8     been divorced within the last 30 days;

 5-9                 (5)  printed boxes for each applicant to check "true"

5-10     or "false" in response to the following statement:  "I am not

5-11     presently married.";

5-12                 (6)  printed boxes for each applicant to check "true"

5-13     or "false" in response to the following statement:  "The other

5-14     applicant is not related to me as:

5-15                       (A)  an ancestor or descendant, by blood or

5-16     adoption;

5-17                       (B)  a brother or sister, of the whole or half

5-18     blood or by adoption;

5-19                       (C)  a parent's brother or sister, of the whole

5-20     or half blood or by adoption; or

5-21                       (D)  a son or daughter of a brother or sister, of

5-22     the whole or half blood or by adoption.";

5-23                 (7)  a printed oath reading:  "I SOLEMNLY SWEAR (OR

5-24     AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

5-25     CORRECT.";

5-26                 (8)  spaces immediately below the printed oath for the

5-27     applicants' signatures;

 6-1                 (9)  a certificate of the county clerk that:

 6-2                       (A)  each applicant made the oath and the date

 6-3     and place that it was made; or

 6-4                       (B)  an applicant did not appear personally but

 6-5     the prerequisites for the license have been fulfilled as provided

 6-6     by this chapter;

 6-7                 (10)  spaces for indicating the date of the marriage

 6-8     and the county in which the marriage is performed; and

 6-9                 (11)  a space for the address to which the applicants

6-10     desire the completed license to be mailed.

6-11           Sec. 2.005.  Proof of Identity and Age.  (a)  The county

6-12     clerk shall require proof of the identity and age of each

6-13     applicant.

6-14           (b)  The proof must be established by a certified copy of the

6-15     applicant's birth certificate or by some certificate, license, or

6-16     document issued by this state or another state, the United States,

6-17     or a foreign government.

6-18           Sec. 2.006.  Absent Applicant.  (a)  If an applicant is

6-19     unable to appear personally before the county clerk to apply for a

6-20     marriage license, any adult person or the other applicant may apply

6-21     on behalf of the absent applicant.

6-22           (b)  The person applying on behalf of an absent applicant

6-23     shall provide to the clerk:

6-24                 (1)  the affidavit of the absent applicant as provided

6-25     by this subchapter;

6-26                 (2)  proof of the identity and age of the absent

6-27     applicant as provided by this subchapter; and

 7-1                 (3)  if required because the absent applicant is a

 7-2     person under 18 years of age, the documents establishing parental

 7-3     consent, documents establishing that a prior marriage has been

 7-4     dissolved, or a court order authorizing the marriage of the absent,

 7-5     underage applicant.

 7-6           Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit of

 7-7     an absent applicant must include:

 7-8                 (1)  the absent applicant's full name, including the

 7-9     maiden surname of a female applicant, address, date of birth, place

7-10     of birth, including city, county, and state, citizenship, and

7-11     social security number, if any;

7-12                 (2)  a declaration that the absent applicant has not

7-13     been divorced within the last 30 days;

7-14                 (3)  a declaration that the absent applicant is:

7-15                       (A)  not presently married; or

7-16                       (B)  married to the other applicant and they wish

7-17     to marry again;

7-18                 (4)  a declaration that the other applicant is not

7-19     related to the absent applicant as:

7-20                       (A)  an ancestor or descendant, by blood or

7-21     adoption;

7-22                       (B)  a brother or sister, of the whole or half

7-23     blood or by adoption;

7-24                       (C)  a parent's brother or sister, of the whole

7-25     or half blood or by adoption; or

7-26                       (D)  a son or daughter of a brother or sister, of

7-27     the whole or half blood or by adoption;

 8-1                 (5)  a declaration that the absent applicant desires to

 8-2     marry and the name, age, and address of the person to whom the

 8-3     absent applicant desires to be married;

 8-4                 (6)  the approximate date on which the marriage is to

 8-5     occur;

 8-6                 (7)  the reason the absent applicant is unable to

 8-7     appear personally before the county clerk for the issuance of the

 8-8     license; and

 8-9                 (8)  if the absent applicant will be unable to attend

8-10     the ceremony, the appointment of any adult, other than the other

8-11     applicant, to act as proxy for the purpose of participating in the

8-12     ceremony.

8-13           Sec. 2.008.  Execution of Application by Clerk.  (a)  The

8-14     county clerk shall:

8-15                 (1)  determine that all necessary information, other

8-16     than the date of the marriage ceremony, the county in which the

8-17     ceremony is conducted, and the name of the person who performs the

8-18     ceremony, is recorded on the application and that all necessary

8-19     documents are submitted;

8-20                 (2)  administer the oath to each applicant appearing

8-21     before the clerk;

8-22                 (3)  have each applicant appearing before the clerk

8-23     sign the application in the clerk's presence; and

8-24                 (4)  execute the clerk's certificate on the

8-25     application.

8-26           (b)  A person appearing before the clerk on behalf of an

8-27     absent applicant is not required to take the oath on behalf of the

 9-1     absent applicant.

 9-2           Sec. 2.009.  Issuance of License.  (a)  Except as provided by

 9-3     Subsection (b), the county clerk may not issue a license if either

 9-4     applicant:

 9-5                 (1)  fails to provide the information required by this

 9-6     subchapter;

 9-7                 (2)  fails to submit proof of age and identity;

 9-8                 (3)  is under 14 years of age and has not been granted

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

9-10                 (4)  is 14 years of age or older but under 18 years of

9-11     age and has not presented at least one of the following:

9-12                       (A)  parental consent as provided by Section

9-13     2.102;

9-14                       (B)  documents establishing that a prior marriage

9-15     of the applicant has been dissolved; or

9-16                       (C)  a court order as provided by Section 2.103;

9-17                 (5)  checks "false" in response to a statement in the

9-18     application, except as provided by Subsection (b), or fails to make

9-19     a required declaration in an affidavit required of an absent

9-20     applicant; or

9-21                 (6)  indicates that the applicant has been divorced by

9-22     a decree of a court of this state within the last 30 days, unless:

9-23                       (A)  the applicants were divorced from each

9-24     other; or

9-25                       (B)  the prohibition against remarriage is waived

9-26     as provided by Section 6.710.

9-27           (b)  If an applicant checks "false" in response to the

 10-1    statement "I am not presently married," the county clerk shall

 10-2    inquire as to whether the applicant is presently married to the

 10-3    other applicant.  If the applicant states that the applicant is

 10-4    currently married to the other applicant, the county clerk shall

 10-5    record that statement on the license before the administration of

 10-6    the oath.  The county clerk may not refuse to issue a license on

 10-7    the ground that the applicants are already married to each other.

 10-8          (c)  On the proper execution of the application, the clerk

 10-9    shall:

10-10                (1)  prepare the license;

10-11                (2)  record on the reverse side of the license the

10-12    names of the licensees, the date that the license is issued, and,

10-13    if applicable, the name of the person appointed to act as proxy for

10-14    an absent applicant, if any;

10-15                (3)  record the time at which the license was issued;

10-16    and

10-17                (4)  distribute to each applicant printed materials

10-18    about acquired immune deficiency syndrome (AIDS) and human

10-19    immunodeficiency virus (HIV) and note on the license that the

10-20    distribution was made.

10-21          Sec. 2.010.  AIDS INFORMATION.  Materials providing

10-22    information about acquired immune deficiency syndrome (AIDS) and

10-23    human immunodeficiency virus (HIV) shall be prepared and provided

10-24    to the clerk by the Texas Department of Health and shall be

10-25    designed to inform the applicants about:

10-26                (1)  the incidence and mode of transmission of AIDS and

10-27    HIV;

 11-1                (2)  the local availability of medical procedures,

 11-2    including voluntary testing, designed to show or help show whether

 11-3    a person has AIDS or HIV infection, antibodies to HIV, or infection

 11-4    with any other probable causative agent of AIDS; and

 11-5                (3)  available and appropriate counseling services

 11-6    regarding AIDS and HIV infection.

 11-7          Sec. 2.011.  RECORDING.  The county clerk shall record all

 11-8    licenses issued by the clerk and all documents submitted with an

 11-9    application for a license or note a summary of the documents on the

11-10    application.

11-11          Sec. 2.012.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

11-12    clerk or deputy county clerk who violates or fails to comply with

11-13    this subchapter commits an offense.  An offense under this section

11-14    is a misdemeanor punishable by a fine of not less than $200 and not

11-15    more than $500.

11-16               (Sections 2.013-2.100 reserved for expansion)

11-17                    SUBCHAPTER B.  UNDERAGE APPLICANTS

11-18          Sec. 2.101.  GENERAL AGE REQUIREMENT.  Except as otherwise

11-19    provided by this subchapter or on a showing that a prior marriage

11-20    has been dissolved, a county clerk may not issue a marriage license

11-21    if either applicant is under 18 years of age.

11-22          Sec. 2.102.  PARENTAL CONSENT FOR UNDERAGE APPLICANT.  (a)

11-23    If an applicant is 14 years of age or older but under 18 years of

11-24    age, the county clerk shall issue the license if parental consent

11-25    is given as provided by this section.

11-26          (b)  Parental consent must be evidenced by a written

11-27    declaration on a form supplied by the county clerk in which the

 12-1    person consents to the marriage and swears that the person is a

 12-2    parent (if there is no judicially designated managing conservator

 12-3    or guardian of the applicant's person) or a judicially designated

 12-4    managing conservator or guardian (whether an individual, authorized

 12-5    agency, or court) of the applicant's person.

 12-6          (c)  Except as otherwise provided by this section, consent

 12-7    must be acknowledged before a county clerk.

 12-8          (d)  If the person giving parental consent resides in another

 12-9    state, the consent may be acknowledged before an officer authorized

12-10    to issue marriage licenses in that state.

12-11          (e)  If the person giving parental consent is unable because

12-12    of illness or incapacity to comply with the provisions of

12-13    Subsection (c) or (d), the consent may be acknowledged before any

12-14    officer authorized to take acknowledgments.  A consent under this

12-15    subsection must be accompanied by a physician's affidavit stating

12-16    that the person giving parental consent is unable to comply because

12-17    of illness or incapacity.

12-18          (f)  Parental consent must be given at the time the

12-19    application for the marriage license is made or not earlier than

12-20    the 30th day preceding the date the application is made.

12-21          Sec. 2.103.  COURT ORDER FOR UNDERAGE APPLICANT.  (a)  A

12-22    minor may petition the court in the minor's own name for an order

12-23    granting permission to marry.  In a suit under this section, the

12-24    trial judge may advance the suit if the best interest of the

12-25    applicant would be served by an early hearing.

12-26          (b)  The petition must be filed in the county where a parent

12-27    resides if a managing conservator or a guardian of the person has

 13-1    not been appointed.  If a managing conservator or a guardian of the

 13-2    person has been appointed, the petition must be filed in the county

 13-3    where the managing conservator or the guardian of the person

 13-4    resides.  If no person authorized to consent to marriage for the

 13-5    minor resides in this state, the petition must be filed in the

 13-6    county where the minor lives.

 13-7          (c)  The petition must include:

 13-8                (1)  a statement of the reasons the minor desires to

 13-9    marry;

13-10                (2)  a statement of whether each parent is living or is

13-11    dead;

13-12                (3)  the name and residence address of each living

13-13    parent; and

13-14                (4)  a statement of whether a managing conservator or a

13-15    guardian of the person has been appointed for the minor.

13-16          (d)  Process shall be served as in other civil cases on each

13-17    living parent of the minor or, if a managing conservator or a

13-18    guardian of the person has been appointed, on the managing

13-19    conservator or guardian of the person.  Citation may be given by

13-20    publication as in other civil cases, except that notice shall be

13-21    published one time only.

13-22          (e)  The court shall appoint a guardian ad litem to represent

13-23    the minor in the proceeding and to speak for or against the

13-24    petition in the manner the guardian ad litem believes to be in the

13-25    best interest of the minor.  The court shall specify a fee to be

13-26    paid by the minor for the services of the guardian ad litem.  The

13-27    fee shall be collected in the same manner as other costs of the

 14-1    proceeding.

 14-2          (f)  If after a hearing the court, sitting without a jury,

 14-3    believes marriage to be in the best interest of the minor, the

 14-4    court, by order, shall grant the minor permission to marry.

 14-5               (Sections 2.104-2.200 reserved for expansion)

 14-6               SUBCHAPTER C.  CEREMONY AND RETURN OF LICENSE

 14-7          Sec. 2.201.  EXPIRATION OF LICENSE.  If a marriage ceremony

 14-8    has not been conducted before the 31st day after the date the

 14-9    license is issued, the marriage license expires.

14-10          Sec. 2.202.  PERSONS AUTHORIZED TO CONDUCT CEREMONY.  (a)

14-11    The following persons are authorized to conduct a marriage

14-12    ceremony:

14-13                (1)  a licensed or ordained Christian minister or

14-14    priest;

14-15                (2)  a Jewish rabbi;

14-16                (3)  a person who is an officer of a religious

14-17    organization and who is authorized by the organization to conduct a

14-18    marriage ceremony; and

14-19                (4)  a justice of the supreme court, judge of the court

14-20    of criminal appeals, justice of the courts of appeals, judge of the

14-21    district, county, and probate courts, judge of the county courts at

14-22    law, judge of the courts of domestic relations, judge of the

14-23    juvenile courts, retired justice or judge of those courts, justice

14-24    of the peace, retired justice of the peace, or judge or magistrate

14-25    of a federal court of this state.

14-26          (b)  For the purposes of this section, a retired judge or

14-27    justice is a former judge or justice who is vested in the Judicial

 15-1    Retirement System of Texas Plan One or the Judicial Retirement

 15-2    System of Texas Plan Two or who has an aggregate of at least 12

 15-3    years of service as judge or justice of any type listed in

 15-4    Subsection (a)(4).

 15-5          Sec. 2.203.  CEREMONY.  (a)  On receiving an unexpired

 15-6    marriage license, an authorized person may conduct the marriage

 15-7    ceremony as provided by this subchapter.

 15-8          (b)  A person unable to appear for the ceremony may assent to

 15-9    marriage by the appearance of a proxy appointed in the affidavit

15-10    authorized by Subchapter A.

15-11          Sec. 2.204.  72-HOUR WAITING PERIOD; EXCEPTIONS.  (a)  Except

15-12    as provided by this section, a marriage ceremony may not take place

15-13    during the 72-hour period immediately following the issuance of the

15-14    marriage license.

15-15          (b)  The 72-hour waiting period after issuance of a marriage

15-16    license does not apply to an applicant who:

15-17                (1)  is a member of the armed forces of the United

15-18    States and on active duty; or

15-19                (2)  obtains a written waiver under Subsection (c).

15-20          (c)  An applicant may request a judge of a court with

15-21    jurisdiction in family law cases, a justice of the supreme court, a

15-22    judge of the court of criminal appeals, or a judge of a court of

15-23    appeals for a written waiver permitting the marriage ceremony to

15-24    take place during the 72-hour period immediately following the

15-25    issuance of the marriage license.  If the judge finds that there is

15-26    good cause for the marriage to take place during the period, the

15-27    judge shall sign the waiver.

 16-1          Sec. 2.205.  DISCRIMINATION IN CONDUCTING MARRIAGE

 16-2    PROHIBITED.  (a)  A person authorized to conduct a marriage

 16-3    ceremony by this subchapter is prohibited from discriminating on

 16-4    the basis of race, religion, or national origin against an

 16-5    applicant who is otherwise competent to be married.

 16-6          (b)  On a finding by the State Commission on Judicial Conduct

 16-7    that a person has intentionally violated Subsection (a), the

 16-8    commission may recommend to the supreme court that the person be

 16-9    removed from office.

16-10          Sec. 2.206.  RETURN OF LICENSE; PENALTY.  (a)  The person who

16-11    conducts a marriage ceremony shall record on the license the date

16-12    on which and the county in which the ceremony is performed and the

16-13    person's name, subscribe the license, and return the license to the

16-14    county clerk who issued it not later than the 30th day after the

16-15    date the ceremony is conducted.

16-16          (b)  A person who fails to comply with this section commits

16-17    an offense.  An offense under this section is a misdemeanor

16-18    punishable by a fine of not less than $200 and not more than $500.

16-19          Sec. 2.207.  MARRIAGE CONDUCTED AFTER LICENSE EXPIRED;

16-20    PENALTY.  (a)  A person who is to conduct a marriage ceremony shall

16-21    determine whether the license has expired from the county clerk's

16-22    endorsement on the license.

16-23          (b)  A person who conducts a marriage ceremony after the

16-24    marriage license has expired commits an offense.  An offense under

16-25    this section is a misdemeanor punishable by a fine of not less than

16-26    $200 and not more than $500.

16-27          Sec. 2.208.  RECORDING AND DELIVERY OF LICENSE.  (a)  The

 17-1    county clerk shall record a returned marriage license and mail the

 17-2    license to the address indicated on the application.

 17-3          (b)  On the application form the county clerk shall record:

 17-4                (1)  the date of the marriage ceremony;

 17-5                (2)  the county in which the ceremony was conducted;

 17-6    and

 17-7                (3)  the name of the person who conducted the ceremony.

 17-8          Sec. 2.209.  DUPLICATE LICENSE.  (a)  On the application and

 17-9    proof of identity of a person whose marriage is recorded in the

17-10    records of the county clerk, the county clerk shall issue a

17-11    duplicate marriage license completed with information as contained

17-12    in the records.

17-13          (b)  On the application and proof of identity of both persons

17-14    to whom a marriage license was issued but not recorded as required

17-15    by Section 2.208, the county clerk shall issue a duplicate license

17-16    if each person applying submits to the clerk an affidavit stating:

17-17                (1)  that the persons to whom the original license was

17-18    issued were married to each other before the expiration date of the

17-19    original license by a person authorized to conduct a marriage

17-20    ceremony;

17-21                (2)  the name of the person who conducted the ceremony;

17-22    and

17-23                (3)  the date of the ceremony.

17-24               (Sections 2.210-2.300 reserved for expansion)

17-25                    SUBCHAPTER D.  VALIDITY OF MARRIAGE

17-26          Sec. 2.301.  FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING

17-27    LICENSE.  Except as otherwise provided by this chapter, the

 18-1    validity of a marriage is not affected by any fraud, mistake, or

 18-2    illegality that occurred in obtaining the marriage license.

 18-3          Sec. 2.302.  CEREMONY CONDUCTED BY UNAUTHORIZED PERSON.  The

 18-4    validity of a marriage is not affected by the lack of authority of

 18-5    the person conducting the marriage ceremony if:

 18-6                (1)  there was a reasonable appearance of authority by

 18-7    that person; and

 18-8                (2)  at least one party to the marriage participated in

 18-9    the ceremony in good faith and that party treats the marriage as

18-10    valid.

18-11               (Sections 2.303-2.400 reserved for expansion)

18-12                SUBCHAPTER E.  MARRIAGE WITHOUT FORMALITIES

18-13          Sec. 2.401.  PROOF OF INFORMAL MARRIAGE.  (a)  In a judicial,

18-14    administrative, or other proceeding, the marriage of a man and

18-15    woman may be proved by evidence that:

18-16                (1)  a declaration of their marriage has been signed as

18-17    provided by this subchapter; or

18-18                (2)  the man and woman agreed to be married and after

18-19    the agreement they lived together in this state as husband and wife

18-20    and there represented to others that they were married.

18-21          (b)  If a proceeding in which a marriage is to be proved as

18-22    provided by Subsection (a)(2) is not commenced before the second

18-23    anniversary of the date on which the parties separated and ceased

18-24    living together, it is rebuttably presumed that the parties did not

18-25    enter into an agreement to be married.

18-26          Sec. 2.402.  DECLARATION AND REGISTRATION OF INFORMAL

18-27    MARRIAGE.  (a)  A declaration of informal marriage must be signed

 19-1    on a form prescribed by the bureau of vital statistics and provided

 19-2    by the county clerk.  Each party to the declaration shall provide

 19-3    the information required in the form.

 19-4          (b)  The declaration form must contain:

 19-5                (1)  a heading entitled "Declaration and Registration

 19-6    of Informal Marriage, ___________ County, Texas";

 19-7                (2)  spaces for each party's full name, including the

 19-8    woman's maiden surname, address, date of birth, place of birth,

 19-9    including city, county, and state, and social security number, if

19-10    any;

19-11                (3)  a space for indicating the type of document

19-12    tendered by each party as proof of age and identity;

19-13                (4)  printed boxes for each party to check "true" or

19-14    "false" in response to the following statement: "The other party is

19-15    not related to me as:

19-16                      (A)  an ancestor or descendant, by blood or

19-17    adoption;

19-18                      (B)  a brother or sister, of the whole or half

19-19    blood or by adoption;

19-20                      (C)  a parent's brother or sister, of the whole

19-21    or half blood or by adoption; or

19-22                      (D)  a son or daughter of a brother or sister, of

19-23    the whole or half blood or by adoption.";

19-24                (5)  a printed declaration and oath reading: "I

19-25    SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO

19-26    EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE

19-27    AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS

 20-1    HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE

 20-2    WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE

 20-3    NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS DECLARATION IS TRUE AND

 20-4    THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";

 20-5                (6)  spaces immediately below the printed declaration

 20-6    and oath for the parties' signatures; and

 20-7                (7)  a certificate of the county clerk that the parties

 20-8    made the declaration and oath and the place and date it was made.

 20-9          (c)  If either party is underage at the time of filing a

20-10    declaration, the declaration must have attached an acknowledged

20-11    consent signed by a parent of each underage person.

20-12          Sec. 2.403.  PROOF OF IDENTITY AND AGE.  The county clerk

20-13    shall require proof of the identity and age of each party to the

20-14    declaration of informal marriage to be established by a certified

20-15    copy of the party's birth certificate or by some certificate,

20-16    license, or document issued by this state or another state, the

20-17    United States, or a foreign government.

20-18          Sec. 2.404.  RECORDING OF DECLARATION OF INFORMAL MARRIAGE.

20-19    (a)  The county clerk shall:

20-20                (1)  determine that all necessary information is

20-21    recorded on the declaration of informal marriage form and that all

20-22    necessary documents are submitted to the clerk;

20-23                (2)  administer the oath to each party to the

20-24    declaration;

20-25                (3)  have each party sign the declaration in the

20-26    clerk's presence; and

20-27                (4)  execute the clerk's certificate to the

 21-1    declaration.

 21-2          (b)  The county clerk may not certify or record the

 21-3    declaration if:

 21-4                (1)  either party fails to supply any information or

 21-5    provide any document required by this subchapter;

 21-6                (2)  either party is under 16 years of age and waiver

 21-7    of the age requirement has not been ordered; or

 21-8                (3)  either party checks "false" in response to the

 21-9    statement of relationship to the other party.

21-10          (c)  On execution of the declaration, the county clerk shall

21-11    record the declaration and all documents submitted with the

21-12    declaration or note a summary of them on the declaration form,

21-13    deliver the original of the declaration to the parties, and send a

21-14    copy to the bureau of vital statistics.

21-15          (d)  A declaration recorded as provided in this section is

21-16    prima facie evidence of the marriage of the parties.

21-17          (e)  At the time the parties sign the declaration, the clerk

21-18    shall distribute to each party printed materials about acquired

21-19    immune deficiency syndrome (AIDS) and human immunodeficiency virus

21-20    (HIV).  The clerk shall note on the declaration that the

21-21    distribution was made.  The materials shall be prepared and

21-22    provided to the clerk by the Texas Department of Health and shall

21-23    be designed to inform the parties about:

21-24                (1)  the incidence and mode of transmission of AIDS and

21-25    HIV;

21-26                (2)  the local availability of medical procedures,

21-27    including voluntary testing, designed to show or help show whether

 22-1    a person has AIDS or HIV infection, antibodies to HIV, or infection

 22-2    with any other probable causative agent of AIDS; and

 22-3                (3)  available and appropriate counseling services

 22-4    regarding AIDS and HIV infection.

 22-5          Sec. 2.405.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

 22-6    clerk or deputy county clerk who violates this subchapter commits

 22-7    an offense.  An offense under this section is a misdemeanor

 22-8    punishable by a fine of not less than $200 and not more than $500.

 22-9               (Sections 2.406-2.500 reserved for expansion)

22-10                SUBCHAPTER F. RIGHTS AND DUTIES OF SPOUSES

22-11          Sec. 2.501.  DUTY TO SUPPORT.  (a)  Each spouse has the duty

22-12    to support the other spouse.

22-13          (b)  A spouse who fails to discharge the duty of support is

22-14    liable to any person who provides necessaries to the spouse to whom

22-15    support is owed.

22-16               SUBTITLE B.  PROPERTY RIGHTS AND LIABILITIES

22-17            CHAPTER 3.  MARITAL PROPERTY RIGHTS AND LIABILITIES

22-18     SUBCHAPTER A.  GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

22-19          Sec. 3.001.  SEPARATE PROPERTY.  A spouse's separate property

22-20    consists of:

22-21                (1)  the property owned or claimed by the spouse before

22-22    marriage;

22-23                (2)  the property acquired by the spouse during

22-24    marriage by gift, devise, or descent; and

22-25                (3)  the recovery for personal injuries sustained by

22-26    the spouse during marriage, except any recovery for loss of earning

22-27    capacity during marriage.

 23-1          Sec. 3.002.  COMMUNITY PROPERTY.  Community property consists

 23-2    of the property, other than separate property, acquired by either

 23-3    spouse during marriage.

 23-4          Sec. 3.003.  PRESUMPTION OF COMMUNITY PROPERTY.  (a)

 23-5    Property possessed by either spouse during or on dissolution of

 23-6    marriage is presumed to be community property.

 23-7          (b)  The degree of proof necessary to establish that property

 23-8    is separate property is clear and convincing evidence.

 23-9          Sec. 3.004.  RECORDATION OF SEPARATE PROPERTY.  (a)  A

23-10    subscribed and acknowledged schedule of a spouse's separate

23-11    property may be recorded in the deed records of the county in which

23-12    the parties, or one of them, reside and in the county or counties

23-13    in which the real property is located.

23-14          (b)  A schedule of a spouse's separate real property is not

23-15    constructive notice to a good faith purchaser for value or a

23-16    creditor without actual notice unless the instrument is

23-17    acknowledged and recorded in the deed records of the county in

23-18    which the real property is located.

23-19          Sec. 3.005.  GIFTS BETWEEN SPOUSES.  If one spouse makes a

23-20    gift of property to the other spouse, the gift is presumed to

23-21    include all the income and property that may arise from that

23-22    property.

23-23               (Sections 3.006-3.100 reserved for expansion)

23-24           SUBCHAPTER B. MANAGEMENT, CONTROL, AND DISPOSITION OF

23-25                             MARITAL PROPERTY

23-26          Sec. 3.101.  MANAGING SEPARATE PROPERTY.  Each spouse has the

23-27    sole management, control, and disposition of that spouse's separate

 24-1    property.

 24-2          Sec. 3.102.  MANAGING COMMUNITY PROPERTY.  (a)  During

 24-3    marriage, each spouse has the sole management, control, and

 24-4    disposition of the community property that the spouse would have

 24-5    owned if single, including:

 24-6                (1)  personal earnings;

 24-7                (2)  revenue from separate property;

 24-8                (3)  recoveries for personal injuries; and

 24-9                (4)  the increase and mutations of, and the revenue

24-10    from, all property subject to the spouse's sole management,

24-11    control, and disposition.

24-12          (b)  If community property subject to the sole management,

24-13    control, and disposition of one spouse is mixed or combined with

24-14    community property subject to the sole management, control, and

24-15    disposition of the other spouse, then the mixed or combined

24-16    community property is subject to the joint management, control, and

24-17    disposition of the spouses, unless the spouses provide otherwise by

24-18    power of attorney in writing or other agreement.

24-19          (c)  Except as provided by Subsection (a), community property

24-20    is subject to the joint management, control, and disposition of the

24-21    spouses unless the spouses provide otherwise by power of attorney

24-22    in writing or other agreement.

24-23          Sec. 3.103.  MANAGING EARNINGS OF MINOR.  During the marriage

24-24    of the parents of an unemancipated minor for whom a managing

24-25    conservator has not been appointed, the earnings of the minor are

24-26    subject to the joint management, control, and disposition of the

24-27    parents of the minor, unless otherwise provided by agreement of the

 25-1    parents or by judicial order.

 25-2          Sec. 3.104.  PROTECTION OF THIRD PERSONS.  (a)  During

 25-3    marriage, property is presumed to be subject to the sole

 25-4    management, control, and disposition of a spouse if it is held in

 25-5    that spouse's name, as shown by muniment, contract, deposit of

 25-6    funds, or other evidence of ownership, or if it is in that spouse's

 25-7    possession and is not subject to such evidence of ownership.

 25-8          (b)  A third person dealing with a spouse is entitled to

 25-9    rely, as against the other spouse or anyone claiming from that

25-10    spouse, on that spouse's authority to deal with the property if:

25-11                (1)  the property is presumed to be subject to the sole

25-12    management, control, and disposition of the spouse; and

25-13                (2)  the person dealing with the spouse:

25-14                      (A)  is not a party to a fraud on the other

25-15    spouse or another person; and

25-16                      (B)  does not have actual or constructive notice

25-17    of the spouse's lack of authority.

25-18               (Sections 3.105-3.200 reserved for expansion)

25-19                SUBCHAPTER C.  MARITAL PROPERTY LIABILITIES

25-20          Sec. 3.201.  SPOUSAL LIABILITY.  (a)  A person is personally

25-21    liable for the acts of the person's spouse only if:

25-22                (1)  the spouse acts as an agent for the person; or

25-23                (2)  the spouse incurs a debt for necessaries as

25-24    provided by Subchapter F, Chapter 2.

25-25          (b)  Except as provided by this subchapter, community

25-26    property is not subject to a liability that arises from an act of a

25-27    spouse.

 26-1          (c)  A spouse does not act as an agent for the other spouse

 26-2    solely because of the marriage relationship.

 26-3          Sec. 3.202.  RULES OF MARITAL PROPERTY LIABILITY.  (a)  A

 26-4    spouse's separate property is not subject to liabilities of the

 26-5    other spouse unless both spouses are liable by other rules of law.

 26-6          (b)  Unless both spouses are personally liable as provided by

 26-7    this subchapter, the community property subject to a spouse's sole

 26-8    management, control, and disposition is not subject to:

 26-9                (1)  any liabilities that the other spouse incurred

26-10    before marriage; or

26-11                (2)  any nontortious liabilities that the other spouse

26-12    incurs during marriage.

26-13          (c)  The community property subject to a spouse's sole or

26-14    joint management, control, and disposition is subject to the

26-15    liabilities incurred by the spouse before or during marriage.

26-16          (d)  All community property is subject to tortious liability

26-17    of either spouse incurred during marriage.

26-18          Sec. 3.203.  ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.

26-19    (a)  A judge may determine, as deemed just and equitable, the order

26-20    in which particular separate or community property is subject to

26-21    execution and sale to satisfy a judgment, if the property subject

26-22    to liability for a judgment includes any combination of:

26-23                (1)  a spouse's separate property;

26-24                (2)  community property subject to a spouse's sole

26-25    management, control, and disposition;

26-26                (3)  community property subject to the other spouse's

26-27    sole management, control, and disposition; and

 27-1                (4)  community property subject to the spouses' joint

 27-2    management, control, and disposition.

 27-3          (b)  In determining the order in which particular property is

 27-4    subject to execution and sale, the judge shall consider the facts

 27-5    surrounding the transaction or occurrence on which the suit is

 27-6    based.

 27-7               (Sections 3.204-3.300 reserved for expansion)

 27-8          SUBCHAPTER D.  MANAGEMENT, CONTROL, AND DISPOSITION OF

 27-9               MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES

27-10          Sec. 3.301.  INCAPACITATED, MISSING, ABANDONED, OR SEPARATED

27-11    SPOUSE.  (a)  A spouse may file a sworn petition stating the facts

27-12    that make it desirable for the petitioning spouse to manage,

27-13    control, and dispose of community property described or defined in

27-14    the petition that would otherwise be subject to the sole or joint

27-15    management, control, and disposition of the other spouse if:

27-16                (1)  because of physical or mental incapacity, the

27-17    other spouse is unable to manage, control, or dispose of the

27-18    community property subject to that spouse's sole or joint

27-19    management, control, and disposition;

27-20                (2)  the other spouse has disappeared and that spouse's

27-21    location remains unknown to the petitioning spouse, unless the

27-22    spouse is reported to be a prisoner of war or missing on public

27-23    service;

27-24                (3)  the other spouse has permanently abandoned the

27-25    petitioning spouse; or

27-26                (4)  the spouses are permanently separated.

27-27          (b)  The petition may be filed in a court in the county in

 28-1    which the petitioner resided at the time the incapacity or

 28-2    separation began, or the abandonment or disappearance occurred, not

 28-3    earlier than the 60th day after the date of the occurrence of the

 28-4    event.  If both spouses are nonresidents of this state at the time

 28-5    the petition is filed, the petition may be filed in a court in a

 28-6    county in which any part of the described or defined community

 28-7    property is located.

 28-8          Sec. 3.302.  SPOUSE MISSING ON PUBLIC SERVICE.  (a)  If a

 28-9    spouse is reported by an executive department of the United States

28-10    to be a prisoner of war or missing on the public service of the

28-11    United States, the spouse of the prisoner of war or missing person

28-12    may file a sworn petition stating the facts that make it desirable

28-13    for the petitioner to manage, control, and dispose of the community

28-14    property described or defined in the petition that would otherwise

28-15    be subject to the sole or joint management, control, and

28-16    disposition of the imprisoned or missing spouse.

28-17          (b)  The petition may be filed in a court in the county in

28-18    which the petitioner resided at the time the report was made not

28-19    earlier than six months after the date of the notice that a spouse

28-20    is reported to be a prisoner of war or missing on public service.

28-21    If both spouses were nonresidents of this state at the time the

28-22    report was made, the petition shall be filed in a court in a county

28-23    in which any part of the described or defined property is located.

28-24          Sec. 3.303.  APPOINTMENT OF ATTORNEY.  (a)  Except as

28-25    provided by Subsection (b), the court may appoint an attorney in a

28-26    suit filed under this subchapter for the respondent.

28-27          (b)  The court shall appoint an attorney in a suit filed

 29-1    under this subchapter for a respondent reported to be a prisoner of

 29-2    war or missing on public service.

 29-3          (c)  The court shall allow a reasonable fee for an appointed

 29-4    attorney's services as a part of the costs of the suit.

 29-5          Sec. 3.304.  NOTICE OF HEARING; CITATION.  (a)  Notice of the

 29-6    hearing, accompanied by a copy of the petition, shall be issued and

 29-7    served on the attorney representing the respondent, if an attorney

 29-8    has been appointed.

 29-9          (b)  If an attorney has not been appointed for the

29-10    respondent, citation shall be issued and served on the respondent

29-11    as in other civil cases.

29-12          Sec. 3.305.  CITATION BY PUBLICATION.  (a)  If the residence

29-13    of the respondent, other than a respondent reported to be a

29-14    prisoner of war or missing on public service, is unknown, citation

29-15    shall be published in a newspaper of general circulation published

29-16    in the county in which the petition was filed.  If that county has

29-17    no newspaper of general circulation, citation shall be published in

29-18    a newspaper of general circulation in an adjacent county or in the

29-19    nearest county in which a newspaper of general circulation is

29-20    published.

29-21          (b)  The notice shall be published once a week for two

29-22    consecutive weeks before the hearing, but the first notice may not

29-23    be published after the 20th day before the date set for the

29-24    hearing.

29-25          Sec. 3.306.  COURT ORDER FOR MANAGEMENT, CONTROL, AND

29-26    DISPOSITION OF COMMUNITY PROPERTY.  (a)  After hearing the evidence

29-27    in a suit under this subchapter, the court, on terms the court

 30-1    considers just and equitable, shall render an order describing or

 30-2    defining the community property at issue that will be subject to

 30-3    the management, control, and disposition of each spouse during

 30-4    marriage.

 30-5          (b)  The court may:

 30-6                (1)  impose any condition and restriction the court

 30-7    deems necessary to protect the rights of the respondent;

 30-8                (2)  require a bond conditioned on the faithful

 30-9    administration of the property; and

30-10                (3)  require payment to the registry of the court of

30-11    all or a portion of the proceeds of the sale of the property, to be

30-12    disbursed in accordance with the court's further directions.

30-13          Sec. 3.307.  CONTINUING JURISDICTION OF COURT; VACATING

30-14    ORIGINAL ORDER.  (a)  The court has continuing jurisdiction over

30-15    the court's order rendered under this subchapter.

30-16          (b)  On the motion of either spouse, the court shall amend or

30-17    vacate the original order after notice and hearing if:

30-18                (1)  the incapacitated spouse's capacity is restored;

30-19                (2)  the spouse who disappeared reappears;

30-20                (3)  the abandonment or permanent separation ends; or

30-21                (4)  the spouse who was reported to be a prisoner of

30-22    war or missing on public service returns.

30-23          Sec. 3.308.  RECORDING ORDER TO AFFECT REAL PROPERTY.  An

30-24    order authorized by this subchapter affecting real property is not

30-25    constructive notice to a good faith purchaser for value or to a

30-26    creditor without actual notice unless the order is recorded in the

30-27    deed records of the county in which the real property is located.

 31-1          Sec. 3.309.  REMEDIES CUMULATIVE.  The remedies provided in

 31-2    this subchapter are cumulative of other rights, powers, and

 31-3    remedies afforded spouses by law.

 31-4          CHAPTER 4.  PREMARITAL AND MARITAL PROPERTY AGREEMENTS

 31-5          Sec. 4.001.  DEFINITIONS.  In this subchapter:

 31-6                (1)  "Premarital agreement" means an agreement between

 31-7    prospective spouses made in contemplation of marriage and to be

 31-8    effective on marriage.

 31-9                (2)  "Property" means an interest, present or future,

31-10    legal or equitable, vested or contingent, in real or personal

31-11    property, including income and earnings.

31-12          Sec. 4.002.  Formalities.  A premarital agreement must be in

31-13    writing and signed by both parties.  The agreement is enforceable

31-14    without consideration.

31-15          Sec. 4.003.  Content.  (a)  The parties to a premarital

31-16    agreement may contract with respect to:

31-17                (1)  the rights and obligations of each of the parties

31-18    in any of the property of either or both of them whenever and

31-19    wherever acquired or located;

31-20                (2)  the right to buy, sell, use, transfer, exchange,

31-21    abandon, lease, consume, expend, assign, create a security interest

31-22    in, mortgage, encumber, dispose of, or otherwise manage and control

31-23    property;

31-24                (3)  the disposition of property on separation, marital

31-25    dissolution, death, or the occurrence or nonoccurrence of any other

31-26    event;

 32-1                (4)  the modification or elimination of spousal

 32-2    support;

 32-3                (5)  the making of a will, trust, or other arrangement

 32-4    to carry out the provisions of the agreement;

 32-5                (6)  the ownership rights in and disposition of the

 32-6    death benefit from a life insurance policy;

 32-7                (7)  the choice of law governing the construction of

 32-8    the agreement; and

 32-9                (8)  any other matter, including their personal rights

32-10    and obligations, not in violation of public policy or a statute

32-11    imposing a criminal penalty.

32-12          (b)  The right of a child to support may not be adversely

32-13    affected by a premarital agreement.

32-14          Sec. 4.004.  Effect of Marriage.  A premarital agreement

32-15    becomes effective on marriage.

32-16          Sec. 4.005.  Amendment Or Revocation.  After marriage, a

32-17    premarital agreement may be amended or revoked only by a written

32-18    agreement signed by the parties.  The amended agreement or the

32-19    revocation is enforceable without consideration.

32-20          Sec. 4.006.  Enforcement.  (a)  A premarital agreement is not

32-21    enforceable if the party against whom enforcement is requested

32-22    proves that:

32-23                (1)  the party did not sign the agreement voluntarily;

32-24    or

32-25                (2)  the agreement was unconscionable when it was

32-26    signed and, before signing the agreement, that party:

32-27                      (A)  was not provided a fair and reasonable

 33-1    disclosure of the property or financial obligations of the other

 33-2    party;

 33-3                      (B)  did not voluntarily and expressly waive, in

 33-4    writing, any right to disclosure of the property or financial

 33-5    obligations of the other party beyond the disclosure provided; and

 33-6                      (C)  did not have, or reasonably could not have

 33-7    had, adequate knowledge of the property or financial obligations of

 33-8    the other party.

 33-9          (b)  An issue of unconscionability of a premarital agreement

33-10    shall be decided by the court as a matter of law.

33-11          (c)  The remedies and defenses in this section are the

33-12    exclusive remedies or defenses, including common law remedies or

33-13    defenses.

33-14          Sec. 4.007.  Enforcement:  Void Marriage.  If a marriage is

33-15    determined to be void, an agreement that would otherwise have been

33-16    a premarital agreement is enforceable only to the extent necessary

33-17    to avoid an inequitable result.

33-18          Sec. 4.008.  Limitation of Actions.  A statute of limitations

33-19    applicable to an action asserting a claim for relief under a

33-20    premarital agreement is tolled during the marriage of the parties

33-21    to the agreement.  However, equitable defenses limiting the time

33-22    for enforcement, including laches and estoppel, are available to

33-23    either party.

33-24          Sec. 4.009.  Application and Construction.  This subchapter

33-25    shall be applied and construed to effect its general purpose to

33-26    make uniform the law with respect to the subject of this subchapter

33-27    among states enacting these provisions.

 34-1          Sec. 4.010.  Short Title.  This subchapter may be cited as

 34-2    the Uniform Premarital Agreement Act.

 34-3               (Sections 4.011-4.100 reserved for expansion)

 34-4                 SUBCHAPTER B.  MARITAL PROPERTY AGREEMENT

 34-5          Sec. 4.101.  DEFINITION.  In this subchapter, "property" has

 34-6    the meaning assigned by Section 4.001.

 34-7          Sec. 4.102.  Partition or Exchange of Community Property.  At

 34-8    any time, the spouses may partition or exchange between themselves

 34-9    any part of their community property, then existing or to be

34-10    acquired, as the spouses may desire.  Property or a property

34-11    interest transferred to a spouse by a partition or exchange

34-12    agreement becomes that spouse's separate property.

34-13          Sec. 4.103.  Agreement Between Spouses Concerning Income or

34-14    Property From Separate Property.  At any time, the spouses may

34-15    agree that the income or property arising from the separate

34-16    property that is then owned by one of them, or that may thereafter

34-17    be acquired, shall be the separate property of the owner.

34-18          Sec. 4.104.  Formalities.  A partition or exchange agreement

34-19    must be in writing and signed by both parties.

34-20          Sec. 4.105.  Enforcement.  (a)  A partition or exchange

34-21    agreement is not enforceable if the party against whom enforcement

34-22    is requested proves that:

34-23                (1)  the party did not sign the agreement voluntarily;

34-24    or

34-25                (2)  the agreement was unconscionable when it was

34-26    signed and, before execution of the agreement, that party:

34-27                      (A)  was not provided a fair and reasonable

 35-1    disclosure of the property or financial obligations of the other

 35-2    party;

 35-3                      (B)  did not voluntarily and expressly waive, in

 35-4    writing, any right to disclosure of the property or financial

 35-5    obligations of the other party beyond the disclosure provided; and

 35-6                      (C)  did not have, or reasonably could not have

 35-7    had, adequate knowledge of the property or financial obligations of

 35-8    the other party.

 35-9          (b)  An issue of unconscionability of a partition or exchange

35-10    agreement shall be decided by the court as a matter of law.

35-11          (c)  The remedies and defenses in this section are the

35-12    exclusive remedies or defenses, including common law remedies or

35-13    defenses.

35-14          Sec. 4.106.  RIGHTS OF CREDITORS AND RECORDATION UNDER

35-15    PARTITION OR EXCHANGE AGREEMENT.  (a)  A provision of a partition

35-16    or exchange agreement made under this subchapter is void with

35-17    respect to the rights of a preexisting creditor whose rights are

35-18    intended to be defrauded by it.

35-19          (b)  A partition or exchange agreement made under this

35-20    subchapter may be recorded in the deed records of the county in

35-21    which a party resides and in the county in which the real property

35-22    affected is located.  An agreement made under this subchapter is

35-23    constructive notice to a good faith purchaser for value or a

35-24    creditor without actual notice only if the instrument is

35-25    acknowledged and recorded in the county in which the real property

35-26    is located.

35-27                       CHAPTER 5.  HOMESTEAD RIGHTS

 36-1               SUBCHAPTER A. SALE OF HOMESTEAD; GENERAL RULE

 36-2          Sec. 5.001.  SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.

 36-3    Whether the homestead is the separate property of either spouse or

 36-4    community property, neither spouse may sell, convey, or encumber

 36-5    the homestead without the joinder of the other spouse except as

 36-6    provided in this chapter or by other rules of law.

 36-7          Sec. 5.002.  SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE.  If

 36-8    the homestead is the separate property of a spouse and the other

 36-9    spouse has been judicially declared incapacitated, the owner may

36-10    sell, convey, or encumber the homestead without the joinder of the

36-11    other spouse.

36-12               (Sections 5.003-5.100 reserved for expansion)

36-13        SUBCHAPTER B. SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES

36-14          Sec. 5.101.  SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL

36-15    CIRCUMSTANCES.  If the homestead is the separate property of a

36-16    spouse, that spouse may file a sworn petition that gives a

36-17    description of the property, states the facts that make it

36-18    desirable for the spouse to sell, convey, or encumber the homestead

36-19    without the joinder of the other spouse, and alleges that the other

36-20    spouse:

36-21                (1)  is incapacitated, whether judicially declared

36-22    incapacitated or not;

36-23                (2)  has disappeared and that the location of the

36-24    spouse remains unknown to the petitioning spouse;

36-25                (3)  has permanently abandoned the homestead and the

36-26    petitioning spouse;

36-27                (4)  has permanently abandoned the homestead and the

 37-1    spouses are permanently separated; or

 37-2                (5)  has been reported by an executive department of

 37-3    the United States to be a prisoner of war or missing on public

 37-4    service of the United States.

 37-5          Sec. 5.102.  SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL

 37-6    CIRCUMSTANCES.  If the homestead is the community property of the

 37-7    spouses, one spouse may file a sworn petition that gives a

 37-8    description of the property, states the facts that make it

 37-9    desirable for the petitioning spouse to sell, convey, or encumber

37-10    the homestead without the joinder of the other spouse, and alleges

37-11    that the other spouse:

37-12                (1)  is incapacitated, whether judicially declared

37-13    incapacitated or not;

37-14                (2)  has disappeared and that the location of the

37-15    spouse remains unknown to the petitioning spouse;

37-16                (3)  has permanently abandoned the homestead and the

37-17    petitioning spouse;

37-18                (4)  has permanently abandoned the homestead and the

37-19    spouses are permanently separated; or

37-20                (5)  has been reported by an executive department of

37-21    the United States to be a prisoner of war or missing on public

37-22    service of the United States.

37-23          Sec. 5.103.  TIME FOR FILING PETITION.  The petitioning

37-24    spouse may file the petition in a court of the county in which any

37-25    portion of the property is located not earlier than the 60th day

37-26    after the date of the occurrence of an event described by Sections

37-27    5.101(1)-(4) and 5.102(1)-(4) or not less than six months after the

 38-1    date the other spouse has been reported to be a prisoner of war or

 38-2    missing on public service.

 38-3          Sec. 5.104.  APPOINTMENT OF ATTORNEY.  (a)  Except as

 38-4    provided by Subsection (b), the court may appoint an attorney in a

 38-5    suit filed under this subchapter for the respondent.

 38-6          (b)  The court shall appoint an attorney in a suit filed

 38-7    under this subchapter for a respondent reported to be a prisoner of

 38-8    war or missing on public service.

 38-9          (c)  The court shall allow a reasonable fee for the appointed

38-10    attorney's services as a part of the costs of the suit.

38-11          Sec. 5.105.  CITATION; NOTICE OF HEARING.  Citation and

38-12    notice of hearing for a suit filed as provided by this subchapter

38-13    shall be issued and served in the manner provided in Subchapter D,

38-14    Chapter 3.

38-15          Sec. 5.106.  COURT ORDER.  (a)  After notice and hearing, the

38-16    court shall render an order the court deems just and equitable with

38-17    respect to the sale, conveyance, or encumbrance of a separate

38-18    property homestead.

38-19          (b)  After hearing the evidence, the court, on terms the

38-20    court deems just and equitable, shall render an order describing or

38-21    defining the community property at issue that will be subject to

38-22    the management, control, and disposition of each spouse during

38-23    marriage.

38-24          (c)  The court may:

38-25                (1)  impose any conditions and restrictions the court

38-26    deems necessary to protect the rights of the respondent;

38-27                (2)  require a bond conditioned on the faithful

 39-1    administration of the property; and

 39-2                (3)  require payment to the registry of the court of

 39-3    all or a portion of the proceeds of the sale of the property to be

 39-4    disbursed in accordance with the court's further directions.

 39-5          Sec. 5.107.  SALE OF COMMUNITY HOMESTEAD FOR SPOUSE

 39-6    JUDICIALLY DECLARED  INCAPACITATED.  If the homestead is the

 39-7    community property of the spouses and one spouse has been

 39-8    judicially declared incapacitated, the competent spouse may sell,

 39-9    convey, or encumber the homestead without the joinder of the other

39-10    spouse.

39-11          Sec. 5.108.  REMEDIES AND POWERS CUMULATIVE.  The remedies

39-12    and the powers of a spouse provided by this subchapter are

39-13    cumulative of the other rights, powers, and remedies afforded the

39-14    spouses by law.

39-15                   SUBTITLE C.  DISSOLUTION OF MARRIAGE

39-16               CHAPTER 6.  SUIT FOR DISSOLUTION OF MARRIAGE

39-17              SUBCHAPTER A.  GROUNDS FOR DIVORCE AND DEFENSES

39-18          Sec. 6.001.  INSUPPORTABILITY.  On the petition of either

39-19    party to a marriage, the court may grant a divorce without regard

39-20    to fault if the marriage has become insupportable because of

39-21    discord or conflict of personalities that destroys the legitimate

39-22    ends of the marital relationship and prevents any reasonable

39-23    expectation of reconciliation.

39-24          Sec. 6.002.  CRUELTY.  The court may grant a divorce in favor

39-25    of one spouse if the other spouse is guilty of cruel treatment

39-26    toward the complaining spouse of a nature that renders further

39-27    living together insupportable.

 40-1          Sec. 6.003.  ADULTERY.  The court may grant a divorce in

 40-2    favor of one spouse if the other spouse has committed adultery.

 40-3          Sec. 6.004.  CONVICTION OF FELONY.  (a)  The court may grant

 40-4    a divorce in favor of one spouse if during the marriage the other

 40-5    spouse:

 40-6                (1)  has been convicted of a felony;

 40-7                (2)  has been imprisoned for at least one year in the

 40-8    state penitentiary, a federal penitentiary, or the penitentiary of

 40-9    another state; and

40-10                (3)  has not been pardoned.

40-11          (b)  The court may not grant a divorce under this section

40-12    against a spouse who was convicted on the testimony of the other

40-13    spouse.

40-14          Sec. 6.005.  ABANDONMENT.  The court may grant a divorce in

40-15    favor of one spouse if the other spouse:

40-16                (1)  left the complaining spouse with the intention of

40-17    abandonment; and

40-18                (2)  remained away for at least one year.

40-19          Sec. 6.006.  LIVING APART.  The court may grant a divorce in

40-20    favor of either spouse if the spouses have lived apart without

40-21    cohabitation for at least three years.

40-22          Sec. 6.007.  CONFINEMENT IN MENTAL HOSPITAL.  The court may

40-23    grant a divorce in favor of one spouse if at the time the suit is

40-24    filed:

40-25                (1)  the other spouse has been confined in a state

40-26    mental or private hospital, as defined in Section 571.003, Health

40-27    and Safety Code, in this state or another state for at least three

 41-1    years; and

 41-2                (2)  it appears that the hospitalized spouse's mental

 41-3    disorder is of such a degree and nature that adjustment is unlikely

 41-4    or that, if adjustment occurs, a relapse is probable.

 41-5          Sec. 6.008.  DEFENSES.  (a)  The defenses to a suit for

 41-6    divorce of recrimination and adultery are abolished.

 41-7          (b)  Condonation is a defense to a suit for divorce only if

 41-8    the court finds that there is a reasonable expectation of

 41-9    reconciliation.

41-10               (Sections 6.009-6.100 reserved for expansion)

41-11                   SUBCHAPTER B.  GROUNDS FOR ANNULMENT

41-12          Sec. 6.101.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14.

41-13    (a)  The court may grant an annulment of a licensed or informal

41-14    marriage of a person under 14 years of age unless a court order has

41-15    been obtained as provided in Subchapter B, Chapter 2.

41-16          (b)  A petition for annulment under this section may be filed

41-17    by  a next friend for the benefit of a person under 14 years of age

41-18    or on the petition of the parent or the judicially designated

41-19    managing conservator or guardian, whether an individual, authorized

41-20    agency, or court, of the person.

41-21          (c)  A suit by a parent, managing conservator, or guardian of

41-22    the person may be brought at any time before the person is 14 years

41-23    of age.

41-24          (d)  A suit under this section to annul the marriage of a

41-25    person 14 years of age or older that was entered into before the

41-26    person was 14 years of age is barred unless the suit is filed

41-27    within the later of:

 42-1                (1)  90 days after the date the petitioner knew or

 42-2    should have known of the marriage; or

 42-3                (2)  90 days after the date of the 14th birthday of the

 42-4    underage party.

 42-5          Sec. 6.102.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.

 42-6    (a)  The court may grant an annulment of a licensed or informal

 42-7    marriage of a person 14 years of age or older but under 18 years of

 42-8    age that occurred without parental consent or without a court order

 42-9    as provided by Subchapters B and E, Chapter 2.

42-10          (b)  A petition for annulment under this section may be filed

42-11    by:

42-12                (1)  a next friend for the benefit of the underage

42-13    party;

42-14                (2)  a parent; or

42-15                (3)  the judicially designated managing conservator or

42-16    guardian of the person of the underage party, whether an

42-17    individual, authorized agency, or court.

42-18          (c)  A suit filed under this subsection by a next friend is

42-19    barred unless it is filed within 90 days after the date of the

42-20    marriage.

42-21          Sec. 6.103.  UNDERAGE ANNULMENT BARRED BY ADULTHOOD.  A suit

42-22    to annul a marriage may not be filed under Section 6.101 or 6.102

42-23    by a parent, managing conservator, or guardian of a person after

42-24    the 18th birthday of the person.

42-25          Sec. 6.104.  DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.

42-26    (a)  An annulment under Section 6.101 or 6.102 of a marriage may be

42-27    granted at the discretion of the court sitting without a jury.

 43-1          (b)  In exercising its discretion, the court shall consider

 43-2    the pertinent facts concerning the welfare of the parties to the

 43-3    marriage, including whether the female is pregnant.

 43-4          Sec. 6.105.  UNDER INFLUENCE OF ALCOHOL OR NARCOTICS.  The

 43-5    court may grant an annulment of a marriage to a party to the

 43-6    marriage if:

 43-7                (1)  at the time of the marriage the petitioner was

 43-8    under the influence of alcoholic beverages or narcotics and as a

 43-9    result did not have the capacity to consent to the marriage; and

43-10                (2)  the petitioner has not voluntarily cohabited with

43-11    the other party to the marriage since the effects of the alcoholic

43-12    beverages or narcotics ended.

43-13          Sec. 6.106.  IMPOTENCY.  The court may grant an annulment of

43-14    a marriage to a party to the marriage if:

43-15                (1)  either party, for physical or mental reasons, was

43-16    permanently impotent at the time of the marriage;

43-17                (2)  the petitioner did not know of the impotency at

43-18    the time of the marriage; and

43-19                (3)  the petitioner has not voluntarily cohabited with

43-20    the other party since learning of the impotency.

43-21          Sec. 6.107.  FRAUD, DURESS, OR FORCE.  The court may grant an

43-22    annulment of a marriage to a party to the marriage if:

43-23                (1)  the other party used fraud, duress, or force to

43-24    induce the petitioner to enter into the marriage; and

43-25                (2)  the petitioner has not voluntarily cohabited with

43-26    the other party since learning of the fraud or since being released

43-27    from the duress or force.

 44-1          Sec. 6.108.  MENTAL INCAPACITY.  (a)  The court may grant an

 44-2    annulment of a marriage to a party to the marriage on the suit of

 44-3    the party or the party's guardian or next friend, if the court

 44-4    finds it to be in the party's best interest to be represented by a

 44-5    guardian or next friend, if:

 44-6                (1)  at the time of the marriage the petitioner did not

 44-7    have the mental capacity to consent to marriage or to understand

 44-8    the nature of the marriage ceremony because of a mental disease or

 44-9    defect; and

44-10                (2)  since the marriage ceremony, the petitioner has

44-11    not voluntarily cohabited with the other party during a period when

44-12    the petitioner possessed the mental capacity to recognize the

44-13    marriage relationship.

44-14          (b)  The court may grant an annulment of a marriage to a

44-15    party to the marriage if:

44-16                (1)  at the time of the marriage the other party did

44-17    not have the mental capacity to consent to marriage or to

44-18    understand the nature of the marriage ceremony because of a mental

44-19    disease or defect;

44-20                (2)  at the time of the marriage the petitioner neither

44-21    knew nor reasonably should have known of the mental disease or

44-22    defect; and

44-23                (3)  since the date the petitioner discovered or

44-24    reasonably should have discovered the mental disease or defect, the

44-25    petitioner has not voluntarily cohabited with the other party.

44-26          Sec. 6.109.  CONCEALED DIVORCE.  (a)  The court may grant an

44-27    annulment of a marriage to a party to the marriage if:

 45-1                (1)  the other party was divorced from a third party

 45-2    within the 30-day period preceding the date of the marriage

 45-3    ceremony;

 45-4                (2)  at the time of the marriage ceremony the

 45-5    petitioner did not know, and a reasonably prudent person would not

 45-6    have known, of the divorce; and

 45-7                (3)  since the petitioner discovered or a reasonably

 45-8    prudent person would have discovered the fact of the divorce, the

 45-9    petitioner has not voluntarily cohabited with the other party.

45-10          (b)  A suit may not be brought under this section after the

45-11    first anniversary of the date of the marriage.

45-12          Sec. 6.110.  MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF

45-13    LICENSE.  (a)  The court may grant an annulment of a marriage to a

45-14    party to the marriage if the marriage ceremony took place in

45-15    violation of Section 2.204 during the 72-hour period immediately

45-16    following the issuance of the marriage license.

45-17          (b)  A suit may not be brought under this section after the

45-18    30th day after the date of the marriage.

45-19          Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  A marriage

45-20    subject to annulment may not be challenged in a proceeding

45-21    instituted after the death of either party to the marriage.

45-22               (Sections 6.112-6.200 reserved for expansion)

45-23                 SUBCHAPTER C.  DECLARING A MARRIAGE VOID

45-24          Sec. 6.201.  CONSANGUINITY.  A marriage is void if one party

45-25    to the marriage is related to the other as:

45-26                (1)  an ancestor or descendant, by blood or adoption;

45-27                (2)  a brother or sister, of the whole or half blood or

 46-1    by adoption;

 46-2                (3)  a parent's brother or sister, of the whole or half

 46-3    blood or by adoption; or

 46-4                (4)  a son or daughter of a brother or sister, of the

 46-5    whole or half blood or by adoption.

 46-6          Sec. 6.202.  MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.

 46-7    (a)  A marriage is void if entered into when either party has an

 46-8    existing marriage to another person that has not been dissolved by

 46-9    legal action or terminated by the death of the other spouse.

46-10          (b)  The later marriage that is void under this section

46-11    becomes valid when the prior marriage is dissolved if, after the

46-12    date of the dissolution, the parties have lived together as husband

46-13    and wife and represented themselves to others as being married.

46-14          Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED.  Except for a

46-15    marriage that would have been void under Section 6.201, a marriage

46-16    that was entered into before January 1, 1970, in violation of the

46-17    prohibitions of Article 496, Penal Code of Texas, 1925, is

46-18    validated from the date the marriage commenced if the parties

46-19    continued until January 1, 1970, to live together as husband and

46-20    wife and to represent themselves to others as being married.

46-21               (Sections 6.204-6.300 reserved for expansion)

46-22     SUBCHAPTER D.  JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS

46-23          Sec. 6.301.  GENERAL RESIDENCY RULE FOR DIVORCE SUIT.  A suit

46-24    for divorce may not be maintained in this state unless at the time

46-25    the suit is filed either the petitioner or the respondent has been:

46-26                (1)  a domiciliary of this state for the preceding

46-27    six-month period; and

 47-1                (2)  a resident of the county in which the suit is

 47-2    filed for the preceding 90-day period.

 47-3          Sec. 6.302.  SUIT FOR DIVORCE BY NONRESIDENT SPOUSE.  If one

 47-4    spouse has been a domiciliary of this state for at least the last

 47-5    six months, a spouse domiciled in another state or nation may file

 47-6    a suit for divorce in the county in which the domiciliary spouse

 47-7    resides at the time the petition is filed.

 47-8          Sec. 6.303.  ABSENCE ON PUBLIC SERVICE.  Time spent by a

 47-9    Texas domiciliary outside this state or outside the county of

47-10    residence of the domiciliary while in the service of the armed

47-11    forces or other service of the United States or of this state is

47-12    considered residence in this state and in that county.

47-13          Sec. 6.304.  ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS.

47-14    A person not previously a resident of this state who is serving in

47-15    the armed forces of the United States and has been stationed at one

47-16    or more military installations in this state for at least the last

47-17    six months and at a military installation in a county of this state

47-18    for at least the last 90 days is considered to be a Texas

47-19    domiciliary and a resident of that county for those periods for the

47-20    purpose of filing suit for dissolution of a marriage.

47-21          Sec. 6.305.  ACQUIRING JURISDICTION OVER NONRESIDENT

47-22    RESPONDENT.  (a)  If the petitioner in a suit for dissolution of a

47-23    marriage is a resident or a domiciliary of this state at the time

47-24    the suit for dissolution is filed, the court may exercise personal

47-25    jurisdiction over the respondent or over the respondent's personal

47-26    representative although the respondent is not a resident of this

47-27    state if:

 48-1                (1)  this state is the last marital residence of the

 48-2    petitioner and the respondent and the suit is filed before the

 48-3    second anniversary of the date on which marital residence ended; or

 48-4                (2)  there is any basis consistent with the

 48-5    constitutions of this state and the United States for the exercise

 48-6    of the personal jurisdiction.

 48-7          (b)  A court acquiring jurisdiction under this section also

 48-8    acquires jurisdiction over the respondent in a suit affecting the

 48-9    parent-child relationship.

48-10          Sec. 6.306.  JURISDICTION TO ANNUL MARRIAGE.  (a)  A suit for

48-11    annulment of a marriage may be maintained in this state only if the

48-12    parties were married in this state or if either party is domiciled

48-13    in this state.

48-14          (b)  A suit for annulment is a suit in rem, affecting the

48-15    status of the parties to the marriage.

48-16          Sec. 6.307.  JURISDICTION TO DECLARE MARRIAGE VOID.  (a)

48-17    Either party to a marriage made void by this chapter may sue to

48-18    have the marriage declared void, or the court may declare the

48-19    marriage void in a collateral proceeding.

48-20          (b)  The court may declare a marriage void only if:

48-21                (1)  the purported marriage was contracted in this

48-22    state; or

48-23                (2)  either party is domiciled in this state.

48-24          (c)  A suit to have a marriage declared void is a suit in

48-25    rem, affecting the status of the parties to the purported marriage.

48-26          Sec. 6.308.  EXERCISING PARTIAL JURISDICTION.  (a)  A court

48-27    in which a suit for dissolution of a marriage is filed may exercise

 49-1    its jurisdiction over those portions of the suit for which it has

 49-2    authority.

 49-3          (b)  The court's authority to resolve the issues in

 49-4    controversy between the parties may be restricted because the court

 49-5    lacks:

 49-6                (1)  the required personal jurisdiction over a

 49-7    nonresident party in a suit for dissolution of the marriage;

 49-8                (2)  the required jurisdiction under Chapter 152; or

 49-9                (3)  the required jurisdiction under Chapter 159.

49-10               (Sections 6.309-6.400 reserved for expansion)

49-11                        SUBCHAPTER E.  FILING SUIT

49-12          Sec. 6.401.  CAPTION.  (a)  Pleadings in a suit for divorce

49-13    or annulment shall be styled "In the Matter of the Marriage

49-14    of ________ and ________."

49-15          (b)  Pleadings in a suit to declare a marriage void shall be

49-16    styled "A Suit To Declare Void the Marriage

49-17    of __________ and __________."

49-18          Sec. 6.402.  PLEADINGS.  (a)  A petition in a suit for

49-19    dissolution of a marriage is sufficient without the necessity of

49-20    specifying the underlying evidentiary facts if the petition alleges

49-21    the grounds relied on substantially in the language of the statute.

49-22          (b)  Allegations of grounds for relief, matters of defense,

49-23    or facts relied on for a temporary order that are stated in short

49-24    and plain terms are not subject to special exceptions because of

49-25    form or sufficiency.

49-26          (c)  The court shall strike an allegation of evidentiary fact

49-27    from the pleadings on the motion of a party or on the court's own

 50-1    motion.

 50-2          Sec. 6.403.  ANSWER.  The respondent in a suit for

 50-3    dissolution of a marriage is not required to answer on oath or

 50-4    affirmation.

 50-5          Sec. 6.404.  STATEMENT ON ALTERNATE DISPUTE RESOLUTION.  (a)

 50-6    A party to a proceeding under this title shall include in the first

 50-7    pleading filed by the party in the proceeding the following

 50-8    statement:

 50-9          "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO

50-10    PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

50-11    INVOLVING CHILDREN AND FAMILIES.  I AM AWARE OF ALTERNATIVE DISPUTE

50-12    RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT

50-13    ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A

50-14    SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT

50-15    SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH

50-16    TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

50-17    RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."

50-18          (b)  The statement prescribed by Subsection (a) must be

50-19    printed in boldfaced type or capital letters and signed by the

50-20    party.

50-21          (c)  The statement prescribed by Subsection (a) is not

50-22    required for:

50-23                (1)  a pleading in which citation on all respondents

50-24    entitled to service of citation is requested, issued, and given by

50-25    publication;

50-26                (2)  a motion or pleading that seeks a protective order

50-27    as provided by Chapter 71; or

 51-1                (3)  a special appearance under Rule 120a, Texas Rules

 51-2    of Civil Procedure.

 51-3          Sec. 6.405.  PROTECTIVE ORDER.  (a)  The petition in a suit

 51-4    for dissolution of a marriage must state whether a protective order

 51-5    under Chapter 71 is in effect or if an application for a protective

 51-6    order is pending with regard to the parties to the suit.

 51-7          (b)  The petitioner shall attach to the petition a copy of

 51-8    each protective order issued under Chapter 71 in which one of the

 51-9    parties to the suit was the applicant and the other party was the

51-10    respondent without regard to the date of the order.  If a copy of

51-11    the protective order is not available at the time of filing, the

51-12    petition must state that a copy of the order will be filed with the

51-13    court before any hearing.

51-14          Sec. 6.406.  MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD

51-15    RELATIONSHIP.  (a)  The petition in a suit for dissolution of a

51-16    marriage shall state whether there are children born or adopted of

51-17    the marriage who are under 18 years of age or who are otherwise

51-18    entitled to support as provided by Chapter 154.

51-19          (b)  If the parties are parents of a child, as defined by

51-20    Section 101.003, and the child is not under the continuing

51-21    jurisdiction of another court as provided by Chapter 155, the suit

51-22    for dissolution of a marriage must include a suit affecting the

51-23    parent-child relationship under Title 5.

51-24          Sec. 6.407.  TRANSFER OF SUIT AFFECTING PARENT-CHILD

51-25    RELATIONSHIP TO DIVORCE COURT.  (a)  If a suit affecting the

51-26    parent-child relationship is pending at the time the suit for

51-27    dissolution of a marriage is filed, the suit affecting the

 52-1    parent-child relationship shall be transferred as provided by

 52-2    Section 103.002 to the court in which the suit for dissolution is

 52-3    filed.

 52-4          (b)  If the parties are parents of a child, as defined by

 52-5    Section 101.003, and the child is under the continuing jurisdiction

 52-6    of another court under Chapter 155, either party to the suit for

 52-7    dissolution of a marriage may move that court for transfer of the

 52-8    suit affecting the parent-child relationship to the court having

 52-9    jurisdiction of the suit for dissolution.  The court with

52-10    continuing jurisdiction shall transfer the proceeding as provided

52-11    by Chapter 155.  On the transfer of the proceedings, the court with

52-12    jurisdiction of the suit for dissolution of a marriage shall

52-13    consolidate the two causes of action.

52-14          (c)  After transfer of a suit affecting the parent-child

52-15    relationship as provided in Chapter 155, the court with

52-16    jurisdiction of the suit for dissolution of a marriage has

52-17    jurisdiction to render an order in the suit affecting the

52-18    parent-child relationship as provided by Title 5.

52-19          Sec. 6.408.  SERVICE OF CITATION.  Citation on the filing of

52-20    an original petition in a suit for dissolution of a marriage shall

52-21    be issued and served as in other civil cases.  Citation may also be

52-22    served on any other person who has or who may assert an interest in

52-23    the suit for dissolution of the marriage.

52-24          Sec. 6.409.  CITATION BY PUBLICATION.  (a)  Citation in a

52-25    suit for dissolution of a marriage may be by publication as in

52-26    other civil cases, except that notice shall be published one time

52-27    only.

 53-1          (b)  The notice shall be sufficient if given in substantially

 53-2    the following form:

 53-3                              "STATE OF TEXAS

 53-4    To (name of person to be served with citation), and to all whom it

 53-5    may concern (if the name of any person to be served with citation

 53-6    is unknown), Respondent(s),

 53-7          "You have been sued.  You may employ an attorney.  If you or

 53-8    your attorney do not file a written answer with the clerk who

 53-9    issued this citation by 10 a.m.  on the Monday next following the

53-10    expiration of 20 days after you were served this citation and

53-11    petition, a default judgment may be taken against you.  The

53-12    petition of ____, Petitioner, was filed in the Court

53-13    of ____ County, Texas, on the ___ day of ____, against ____,

53-14    Respondent(s), numbered ______, and entitled 'In the Matter of

53-15    Marriage of ____ and ____.  The suit requests ____ (statement of

53-16    relief sought).'

53-17          "The Court has authority in this suit to enter any judgment

53-18    or decree dissolving the marriage and providing for the division of

53-19    property that will be binding on you.

53-20          "Issued and given under my hand and seal of said Court

53-21    at ____, Texas, this the ___ day of ____, ____.

53-22                                      "............................... 

53-23                                        Clerk of the _________ Court of

53-24                                        _________________ County, Texas

53-25          By _______, Deputy."

53-26          (c)  The form authorized in this section and the form

53-27    authorized by Section 102.010 may be combined in appropriate

 54-1    situations.

 54-2          (d)  If the citation is for a suit in which a parent-child

 54-3    relationship does not exist, service by publication may be

 54-4    completed by posting the citation at the courthouse door for seven

 54-5    days in the county in which the suit is filed.

 54-6          (e)  If the petitioner or the petitioner's attorney of record

 54-7    makes an oath that no child presently under 18 years of age was

 54-8    born or adopted by the spouses and that no appreciable amount of

 54-9    property was accumulated by the spouses during the marriage, the

54-10    court may dispense with the appointment of an attorney ad litem.

54-11    In a case in which citation was by publication, a statement of the

54-12    evidence, approved and signed by the judge, shall be filed with the

54-13    papers of the suit as a part of the record.

54-14               (Sections 6.410-6.500 reserved for expansion)

54-15                      SUBCHAPTER F.  TEMPORARY ORDERS

54-16          Sec. 6.501.  TEMPORARY RESTRAINING ORDER.  (a)  After the

54-17    filing of a suit for dissolution of a marriage, on the motion of a

54-18    party or on the court's own motion, the court may grant a temporary

54-19    restraining order without notice to the adverse party for the

54-20    preservation of the property and for the protection of the parties

54-21    as necessary, including an order prohibiting one or both parties

54-22    from:

54-23                (1)  intentionally communicating by telephone or in

54-24    writing with the other party by use of vulgar, profane, obscene, or

54-25    indecent language or in a coarse or offensive manner, with intent

54-26    to annoy or alarm the other;

54-27                (2)  threatening the other, by telephone or in writing,

 55-1    to take unlawful action against any person, intending by this

 55-2    action to annoy or alarm the other;

 55-3                (3)  placing a telephone call, anonymously, at an

 55-4    unreasonable hour, in an offensive and repetitious manner, or

 55-5    without a legitimate purpose of communication with the intent to

 55-6    annoy or alarm the other;

 55-7                (4)  intentionally, knowingly, or recklessly causing

 55-8    bodily injury to the other or to a child of either party;

 55-9                (5)  threatening the other or a child of either party

55-10    with imminent bodily injury;

55-11                (6)  intentionally, knowingly, or recklessly

55-12    destroying, removing, concealing, encumbering, transferring, or

55-13    otherwise harming or reducing the value of the property of the

55-14    parties or either party with intent to obstruct the authority of

55-15    the court to order a division of the estate of the parties in a

55-16    manner that the court deems just and right, having due regard for

55-17    the rights of each party and any children of the marriage;

55-18                (7)  intentionally falsifying a writing or record

55-19    relating to the property of either party;

55-20                (8)  intentionally misrepresenting or refusing to

55-21    disclose to the other party or to the court, on proper request, the

55-22    existence, amount, or location of any property of the parties or

55-23    either party;

55-24                (9)  intentionally or knowingly damaging or destroying

55-25    the tangible property of the parties or either party; or

55-26                (10)  intentionally or knowingly tampering with the

55-27    tangible property of the parties or either party and causing

 56-1    pecuniary loss or substantial inconvenience to the other.

 56-2          (b)  A temporary restraining order under this subchapter may

 56-3    not include a provision:

 56-4                (1)  the subject of which is a requirement,

 56-5    appointment, award, or other order listed in Section 886A, Texas

 56-6    Probate Code; or

 56-7                (2)  that:

 56-8                      (A)  excludes a spouse from occupancy of the

 56-9    residence where that spouse is living except as provided in a

56-10    protective order made in accordance with Title 4;

56-11                      (B)  prohibits a party from spending funds for

56-12    reasonable and necessary living expenses; or

56-13                      (C)  prohibits a party from engaging in acts

56-14    reasonable and necessary to conduct that party's usual business and

56-15    occupation.

56-16          Sec. 6.502.  TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.

56-17    While a suit for dissolution of a marriage is pending and on the

56-18    motion of a party or on the court's own motion after notice and

56-19    hearing, the court may render an appropriate order, including the

56-20    granting of a temporary injunction for the preservation of the

56-21    property and protection of the parties as deemed necessary and

56-22    equitable and including an order directed to one or both parties:

56-23                (1)  requiring a sworn inventory and appraisement of

56-24    the real and personal property owned or claimed by the parties and

56-25    specifying the form, manner, and substance of the inventory and

56-26    appraisal and list of debts and liabilities;

56-27                (2)  requiring payments to be made for the support of

 57-1    either spouse;

 57-2                (3)  requiring the production of books, papers,

 57-3    documents, and tangible things by a party;

 57-4                (4)  ordering payment of reasonable attorney's fees and

 57-5    expenses;

 57-6                (5)  appointing a receiver for the preservation and

 57-7    protection of the property of the parties;

 57-8                (6)  awarding one spouse exclusive occupancy of the

 57-9    residence during the pendency of the case;

57-10                (7)  prohibiting the parties, or either party, from

57-11    spending funds beyond an amount the court determines to be for

57-12    reasonable and necessary living expenses;

57-13                (8)  awarding one spouse exclusive control of a party's

57-14    usual business or occupation; or

57-15                (9)  prohibiting an act described by Section 6.501(a).

57-16          Sec. 6.503.  AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT

57-17    REQUIRED.  (a)  A temporary restraining order or temporary

57-18    injunction under this subchapter:

57-19                (1)  may be granted without an affidavit or a verified

57-20    pleading stating specific facts showing that immediate and

57-21    irreparable injury, loss, or damage will result before notice can

57-22    be served and a hearing can be held; and

57-23                (2)  need not:

57-24                      (A)  define the injury or state why it is

57-25    irreparable;

57-26                      (B)  state why the order was granted without

57-27    notice; or

 58-1                      (C)  include an order setting the suit for trial

 58-2    on the merits with respect to the ultimate relief sought.

 58-3          (b)  In a suit for dissolution of a marriage, the court may

 58-4    dispense with the issuance of a bond between the spouses in

 58-5    connection with temporary orders for the protection of the parties

 58-6    and their property.

 58-7          Sec. 6.504.  PROTECTIVE ORDERS.  On the motion of a party to

 58-8    a suit for dissolution of a marriage, the court may render a

 58-9    protective order as provided by Chapter 71.

58-10          Sec. 6.505.  COUNSELING.  (a)  While a divorce suit is

58-11    pending, the court may direct the parties to counsel with a person

58-12    named by the court.

58-13          (b)  The person named by the court to counsel the parties

58-14    shall submit a written report to the court and to the parties

58-15    before the final hearing.  In the report, the counselor shall give

58-16    only an opinion as to whether there exists a reasonable expectation

58-17    of reconciliation of the parties and, if so, whether further

58-18    counseling would be beneficial.  The sole purpose of the report is

58-19    to aid the court in determining whether the suit for divorce should

58-20    be continued pending further counseling.

58-21          (c)  A copy of the report shall be furnished to each party.

58-22          (d)  If the court believes that there is a reasonable

58-23    expectation of the parties' reconciliation, the court may by

58-24    written order continue the proceedings and direct the parties to a

58-25    person named by the court for further counseling for a period fixed

58-26    by the court not to exceed 60 days, subject to any terms,

58-27    conditions, and limitations the court considers desirable.  In

 59-1    ordering counseling, the court shall consider the circumstances of

 59-2    the parties, including the needs of the parties' family and the

 59-3    availability of counseling services.  At the expiration of the

 59-4    period specified by the court, the counselor to whom the parties

 59-5    were directed shall report to the court whether the parties have

 59-6    complied with the court's order.  Thereafter, the court shall

 59-7    proceed as in a divorce suit generally.

 59-8          Sec. 6.506.  CONTEMPT.  The violation of a temporary

 59-9    restraining order, temporary injunction, or other temporary order

59-10    issued under this subchapter is punishable as contempt.

59-11          Sec. 6.507.  INTERLOCUTORY APPEAL.  An order under this

59-12    section, except an order appointing a receiver, is not subject to

59-13    interlocutory appeal.

59-14               (Sections 6.508-6.600 reserved for expansion)

59-15               SUBCHAPTER G.  ALTERNATIVE DISPUTE RESOLUTION

59-16          Sec. 6.601.  ARBITRATION PROCEDURES.  (a)  On written

59-17    agreement of the parties, the court may refer a suit for

59-18    dissolution of a marriage to arbitration.  The agreement must state

59-19    whether the arbitration is binding or nonbinding.

59-20          (b)  If the parties agree to binding arbitration, the court

59-21    shall render an order reflecting the arbitrator's award.

59-22          Sec. 6.602.  MEDIATION PROCEDURES.  (a)  On the written

59-23    agreement of the parties or on the court's own motion, the court

59-24    may refer a suit for dissolution of a marriage to mediation.

59-25          (b)  A mediated settlement agreement is binding on the

59-26    parties if the agreement:

59-27                (1)  provides in a separate paragraph that the

 60-1    agreement is not subject to revocation;

 60-2                (2)  is signed by each party to the agreement; and

 60-3                (3)  is signed by the party's attorney, if any, who is

 60-4    present at the time the agreement is signed.

 60-5          (c)  If a mediated settlement agreement meets the

 60-6    requirements of this section, a party is entitled to judgment on

 60-7    the mediated settlement agreement notwithstanding Rule 11, Texas

 60-8    Rules of Civil Procedure, or another rule of law.

 60-9               (Sections 6.603-6.700 reserved for expansion)

60-10                      SUBCHAPTER H. TRIAL AND APPEAL

60-11          Sec. 6.701.  FAILURE TO ANSWER.  In a suit for divorce, the

60-12    petition may not be taken as confessed if the respondent does not

60-13    file an answer.

60-14          Sec. 6.702.  JURY.  In a suit for dissolution of a marriage,

60-15    either party may demand a jury trial unless the action is a suit to

60-16    annul an underage marriage under Section 6.101 or 6.102.

60-17          Sec. 6.703.  TESTIMONY OF HUSBAND OR WIFE.  (a)  In a suit

60-18    for dissolution of a marriage, the husband and wife are competent

60-19    witnesses for and against each other.  A spouse may not be

60-20    compelled to testify as to a matter that will incriminate the

60-21    spouse.

60-22          (b)  If the husband or wife testifies, the court or jury

60-23    trying the case shall determine the credibility of the witness and

60-24    the weight to be given the witness's testimony.

60-25          Sec. 6.704.  TESTIMONY BY MARRIAGE COUNSELOR.  (a)  The

60-26    report by the person named by the court to counsel the parties to a

60-27    suit for divorce may not be admitted as evidence in the suit.

 61-1          (b)  The person named by the court to counsel the parties is

 61-2    not competent to testify in any suit involving the parties or their

 61-3    children.

 61-4          (c)  The files, records, and other work-products of the

 61-5    counselor are privileged and confidential for all purposes and may

 61-6    not be admitted as evidence in any suit involving the parties or

 61-7    their children.

 61-8          Sec. 6.705.  CHANGE OF NAME.  (a)  In a decree of divorce or

 61-9    annulment, the court shall change the name of a party specifically

61-10    requesting the change to a name previously used by the party unless

61-11    the court states in the decree a reason for denying the change of

61-12    name.

61-13          (b)  The court may not deny a change of name solely to keep

61-14    the last name of family members the same.

61-15          (c)  A change of name does not release a person from

61-16    liability incurred by the person under a previous name or defeat a

61-17    right the person held under a previous name.

61-18          (d)  A person whose name is changed under this section may

61-19    apply for a change of name certificate from the clerk of the court

61-20    as provided by Section 45.106.

61-21          Sec. 6.706.  TRANSFERS AND DEBTS PENDING DECREE.  (a)  A

61-22    transfer of real or personal community property or a debt incurred

61-23    by a spouse while a suit for divorce or annulment is pending that

61-24    subjects the other spouse or the community property to liability is

61-25    void with respect to the other spouse if the transfer was made or

61-26    the debt incurred with the intent to injure the rights of the other

61-27    spouse.

 62-1          (b)  A transfer or debt is not void if the person dealing

 62-2    with the transferor or debtor spouse did not have notice of the

 62-3    intent to injure the rights of the other spouse.

 62-4          (c)  The spouse seeking to void a transfer or debt incurred

 62-5    while a suit for divorce or annulment is pending has the burden of

 62-6    proving that the person dealing with the transferor or debtor

 62-7    spouse had notice of the intent to injure the rights of the spouse

 62-8    seeking to void the transaction.

 62-9          Sec. 6.707.  COSTS.  (a)  In a suit for dissolution of a

62-10    marriage, the court as it considers reasonable may award costs to a

62-11    party.  Costs may not be adjudged against a party against whom a

62-12    divorce is granted for confinement in a mental hospital under

62-13    Section 6.007.

62-14          (b)  The expenses of counseling may be taxed as costs against

62-15    either or both parties.

62-16          Sec. 6.708.  TEMPORARY ORDERS DURING APPEAL.  (a)  Not later

62-17    than the 30th day after the date an appeal is perfected, on the

62-18    motion of a party or on the court's own motion, after notice and

62-19    hearing, the trial court may render a temporary order necessary for

62-20    the preservation of the property and for the protection of the

62-21    parties during the appeal, including an order to:

62-22                (1)  require the support of either spouse;

62-23                (2)  require the payment of reasonable attorney's fees

62-24    and expenses;

62-25                (3)  appoint a receiver for the preservation and

62-26    protection of the property of the parties; or

62-27                (4)  award one spouse exclusive occupancy of the

 63-1    parties' residence pending the appeal.

 63-2          (b)  The trial court retains jurisdiction to enforce a

 63-3    temporary order under this section unless the appellate court, on a

 63-4    proper showing, supersedes the trial court's order.

 63-5               (Sections 6.709-6.800 reserved for expansion)

 63-6                         SUBCHAPTER I.  REMARRIAGE

 63-7          Sec. 6.801.  REMARRIAGE.  (a)  Except as otherwise provided

 63-8    by this subchapter, neither party to a divorce may marry a third

 63-9    party before the 31st day after the date the divorce is decreed.

63-10          (b)  The former spouses may marry each other at any time.

63-11          Sec. 6.802.  WAIVER OF PROHIBITION AGAINST REMARRIAGE.  For

63-12    good cause shown the court may waive the prohibition against

63-13    remarriage provided by this subchapter as to either or both spouses

63-14    if a record of the proceedings is made and preserved or if findings

63-15    of fact and conclusions of law are filed by the court.

63-16                   CHAPTER 7.  AWARD OF MARITAL PROPERTY

63-17          Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  In a decree

63-18    of divorce or annulment, the court shall order a division of the

63-19    estate of the parties in a manner that the court deems just and

63-20    right, having due regard for the rights of each party and any

63-21    children of the marriage.

63-22          Sec. 7.002.  DIVISION OF PROPERTY UNDER SPECIAL

63-23    CIRCUMSTANCES.  In addition to the division of the estate of the

63-24    parties required by Section 7.001, in a decree of divorce or

63-25    annulment the court shall order a division of the following real

63-26    and personal property, wherever situated, in a manner that the

63-27    court deems just and right, having due regard for the rights of

 64-1    each party and any children of the marriage:

 64-2                (1)  property that was acquired by either spouse while

 64-3    domiciled in another state and that would have been community

 64-4    property if the spouse who acquired the property had been domiciled

 64-5    in this state at the time of the acquisition; or

 64-6                (2)  property that was acquired by either spouse in

 64-7    exchange for real or personal property and that would have been

 64-8    community property if the spouse who acquired the property so

 64-9    exchanged had been domiciled in this state at the time of its

64-10    acquisition.

64-11          Sec. 7.003.  DISPOSITION OF RETIREMENT AND EMPLOYMENT

64-12    BENEFITS AND OTHER PLANS.  In a decree of divorce or annulment, the

64-13    court shall determine the rights of both spouses in a pension,

64-14    retirement plan, annuity, individual retirement account, employee

64-15    stock option plan, stock option, or other form of savings, bonus,

64-16    profit-sharing, or other employer plan or financial plan of an

64-17    employee or a participant, regardless of whether the person is

64-18    self-employed, in the nature of compensation or savings.

64-19          Sec. 7.004.  DISPOSITION OF RIGHTS IN INSURANCE.  In a decree

64-20    of divorce or annulment, the court shall specifically divide or

64-21    award the rights of each spouse in an insurance policy.

64-22          Sec. 7.005.  INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.

64-23    (a)  If in a decree of divorce or annulment the court does not

64-24    specifically award all of the rights of the spouses in an insurance

64-25    policy other than life insurance in effect at the time the decree

64-26    is rendered, the policy remains in effect until the policy expires

64-27    according to the policy's own terms.

 65-1          (b)  The proceeds of a valid claim under the policy are

 65-2    payable as follows:

 65-3                (1)  if the interest in the property insured was

 65-4    awarded solely to one former spouse by the decree, to that former

 65-5    spouse;

 65-6                (2)  if an interest in the property insured was awarded

 65-7    to each former spouse, to those former spouses in proportion to the

 65-8    interests awarded; or

 65-9                (3)  if the insurance coverage is directly related to

65-10    the person of one of the former spouses, to that former spouse.

65-11          (c)  The failure of either former spouse to change the

65-12    endorsement on the policy to reflect the distribution of proceeds

65-13    established by this section does not relieve the insurer of

65-14    liability to pay the proceeds or any other obligation on the

65-15    policy.

65-16          (d)  This section does not affect the right of a former

65-17    spouse to assert an ownership interest in an undivided life

65-18    insurance policy, as provided by Subchapter D, Chapter 9.

65-19          Sec. 7.006.  AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.  (a)

65-20    To promote amicable settlement of disputes in a suit for divorce or

65-21    annulment, the spouses may enter into a written agreement

65-22    concerning the division of the property and the liabilities of the

65-23    spouses and maintenance of either spouse.  The agreement may be

65-24    revised or repudiated before rendition of the divorce or annulment

65-25    unless the agreement is binding under another rule of law.

65-26          (b)  If the court finds that the terms of the written

65-27    agreement in a divorce or annulment are just and right, those terms

 66-1    are binding on the court.  If the court approves the agreement, the

 66-2    court may set forth the agreement in full or incorporate the

 66-3    agreement by reference in the final decree.

 66-4          (c)  If the court finds that the terms of the written

 66-5    agreement in a divorce or annulment are not just and right, the

 66-6    court may request the spouses to submit a revised agreement or may

 66-7    set the case for a contested hearing.

 66-8                          CHAPTER 8.  MAINTENANCE

 66-9          Sec. 8.001.  DEFINITION.  In this chapter, "maintenance"

66-10    means an award in a suit for dissolution of a marriage of periodic

66-11    payments from the future income of one spouse for the support of

66-12    the other spouse.

66-13          Sec. 8.002.  Eligibility for Maintenance.  In a suit for

66-14    dissolution of a marriage or in a proceeding for maintenance in a

66-15    court with personal jurisdiction over both former spouses following

66-16    the dissolution of their marriage by a court that lacked personal

66-17    jurisdiction over an absent spouse, the court may order maintenance

66-18    for either spouse only if:

66-19                (1)  the spouse from whom maintenance is requested was

66-20    convicted of or received deferred adjudication for a criminal

66-21    offense that also constitutes an act of family violence under

66-22    Chapter 71 and the offense occurred:

66-23                      (A)  within two years before the date on which a

66-24    suit for dissolution of the marriage is filed; or

66-25                      (B)  while the suit is pending; or

66-26                (2)  the duration of the marriage was 10 years or

66-27    longer, the spouse seeking maintenance lacks sufficient property,

 67-1    including property distributed to the spouse under this code, to

 67-2    provide for the spouse's minimum reasonable needs, as limited by

 67-3    Section 8.005, and the spouse seeking maintenance:

 67-4                      (A)  is unable to support himself or herself

 67-5    through appropriate employment because of an incapacitating

 67-6    physical or mental disability;

 67-7                      (B)  is the custodian of a child who requires

 67-8    substantial care and personal supervision because a physical or

 67-9    mental disability makes it necessary, taking into consideration the

67-10    needs of the child, that the spouse not be employed outside the

67-11    home; or

67-12                      (C)  clearly lacks earning ability in the labor

67-13    market adequate to provide support for the spouse's minimum

67-14    reasonable needs, as limited by Section 8.005.

67-15          Sec. 8.003.  Factors in Determining Maintenance.  A court

67-16    that determines that a spouse is eligible to receive maintenance

67-17    under this chapter shall determine the nature, amount, duration,

67-18    and manner of periodic payments by considering all relevant

67-19    factors, including:

67-20                (1)  the financial resources of the spouse seeking

67-21    maintenance, including the community and separate property and

67-22    liabilities apportioned to that spouse in the dissolution

67-23    proceeding, and that spouse's ability to meet the spouse's needs

67-24    independently;

67-25                (2)  the education and employment skills of the

67-26    spouses, the time necessary to acquire sufficient education or

67-27    training to enable the spouse seeking maintenance to find

 68-1    appropriate employment, the availability of that education or

 68-2    training, and the feasibility of that education or training;

 68-3                (3)  the duration of the marriage;

 68-4                (4)  the age, employment history, earning ability, and

 68-5    physical and emotional condition of the spouse seeking maintenance;

 68-6                (5)  the ability of the spouse from whom maintenance is

 68-7    requested to meet that spouse's personal needs and to provide

 68-8    periodic child support payments, if applicable, while meeting the

 68-9    personal needs of the spouse seeking maintenance;

68-10                (6)  acts by either spouse resulting in excessive or

68-11    abnormal expenditures or destruction, concealment, or fraudulent

68-12    disposition of community property, joint tenancy, or other property

68-13    held in common;

68-14                (7)  the comparative financial resources of the

68-15    spouses, including medical, retirement, insurance, or other

68-16    benefits, and the separate property of each spouse;

68-17                (8)  the contribution by one spouse to the education,

68-18    training, or increased earning power of the other spouse;

68-19                (9)  the property brought to the marriage by either

68-20    spouse;

68-21                (10)  the contribution of a spouse as homemaker;

68-22                (11)  marital misconduct of the spouse seeking

68-23    maintenance; and

68-24                (12)  the efforts of the spouse seeking maintenance to

68-25    pursue available employment counseling as provided by Chapter 304,

68-26    Labor Code.

68-27          Sec. 8.004.  Presumption.  (a)  Except as provided by

 69-1    Subsection (b), it is presumed that maintenance is not warranted

 69-2    unless the spouse seeking maintenance has exercised diligence in:

 69-3                (1)  seeking suitable employment; or

 69-4                (2)  developing the necessary skills to become

 69-5    self-supporting during a period of separation and during the time

 69-6    the suit for dissolution of the marriage is pending.

 69-7          (b)  This section does not apply to a spouse who is not able

 69-8    to satisfy the presumption in Subsection (a) because of an

 69-9    incapacitating physical or mental disability.

69-10          Sec. 8.005.  Duration of Maintenance Order.  (a)  Except as

69-11    provided by Subsection (b), a court:

69-12                (1)  may not order maintenance that remains in effect

69-13    for more than three years after the date of the order; and

69-14                (2)  shall limit the duration of a maintenance order to

69-15    the shortest reasonable period that allows the spouse seeking

69-16    maintenance to meet the spouse's minimum reasonable needs by

69-17    obtaining appropriate employment or developing an appropriate

69-18    skill, unless the ability of the spouse to provide for the spouse's

69-19    minimum reasonable needs through employment is substantially or

69-20    totally diminished because of:

69-21                      (A)  physical or mental disability;

69-22                      (B)  duties as the custodian of an infant or

69-23    young child; or

69-24                      (C)  another compelling impediment to gainful

69-25    employment.

69-26          (b)  If a spouse seeking maintenance is unable to support

69-27    himself or herself through appropriate employment because of an

 70-1    incapacitating physical or mental disability, the court may order

 70-2    maintenance for an indefinite period for as long as the disability

 70-3    continues.  The court may order periodic review of its order, on

 70-4    the request of either party or on its own motion, to determine

 70-5    whether the disability is continuing.  The continuation of spousal

 70-6    maintenance under these circumstances is subject to a motion to

 70-7    modify as provided by Section 8.008.

 70-8          Sec. 8.006.  Amount of Maintenance.  (a)  A court may not

 70-9    order maintenance that requires a spouse to pay monthly more than

70-10    the lesser of:

70-11                (1)  $2,500; or

70-12                (2)  20 percent of the spouse's average monthly gross

70-13    income.

70-14          (b)  The court shall set the amount that a spouse is required

70-15    to pay in a maintenance order to provide for the minimum reasonable

70-16    needs of the spouse receiving the maintenance under the order,

70-17    considering employment or property received in the dissolution of

70-18    the marriage or otherwise owned by the spouse receiving the

70-19    maintenance that contributes to the minimum reasonable needs of

70-20    that spouse.

70-21          (c)  Department of Veterans Affairs service-connected

70-22    disability compensation, social security benefits and disability

70-23    benefits, and workers' compensation benefits are excluded from

70-24    maintenance.

70-25          Sec. 8.007.  Termination.  (a)  The obligation to pay future

70-26    maintenance terminates on the death of either party or on the

70-27    remarriage of the party receiving maintenance.

 71-1          (b)  After a hearing, the court shall terminate the

 71-2    maintenance order if the party receiving maintenance cohabits with

 71-3    another person in a permanent place of abode on a continuing,

 71-4    conjugal basis.

 71-5          Sec. 8.008.  Modification of Maintenance Order.  (a)  The

 71-6    amount of maintenance specified in a court order or the portion of

 71-7    a decree that provides for the support of a former spouse may be

 71-8    reduced by the filing of a motion in the court that originally

 71-9    rendered the order.  A party affected by the order or the portion

71-10    of the decree to be modified may file the motion.

71-11          (b)  Notice of a motion to modify maintenance and the

71-12    response, if any, are governed by the Texas Rules of Civil

71-13    Procedure applicable to the filing of an original lawsuit.  Notice

71-14    must be given by service of citation, and a response must be in the

71-15    form of an answer due on or before 10 a.m. of the first Monday

71-16    after 20 days after the date of service.  A court shall set a

71-17    hearing on the motion in the manner provided by Rule 245, Texas

71-18    Rules of Civil Procedure.

71-19          (c)  After a hearing, the court may modify an original or

71-20    modified order or portion of a decree providing for maintenance on

71-21    a proper showing of a material and substantial change in

71-22    circumstances of either party.  The court shall apply the

71-23    modification only to payment accruing after the filing of the

71-24    motion to modify.

71-25          (d)  A loss of employment or circumstances that render a

71-26    former spouse unable to support himself or herself through

71-27    appropriate employment by reason of incapacitating physical or

 72-1    mental disability that occurs after the divorce or annulment are

 72-2    not grounds for the institution of spousal maintenance for the

 72-3    benefit of the former spouse.

 72-4          Sec. 8.009.  Enforcement of Maintenance Order.  (a)  The

 72-5    court may enforce by contempt the court's maintenance order or an

 72-6    agreement for the payment of maintenance voluntarily entered into

 72-7    between the parties and approved by the court.

 72-8          (b)  On the suit to enforce of a party entitled to receive

 72-9    maintenance payments, the court may render judgment against a

72-10    defaulting party for an amount unpaid and owing after notice by

72-11    service of citation, answer, if any, and a hearing finding that the

72-12    defaulting party has failed or refused to carry out the terms of

72-13    the order.  The judgment may be enforced by any means available for

72-14    the enforcement of judgment for debts.

72-15          (c)  It is an affirmative defense to an allegation of

72-16    contempt of court or the violation of a condition of probation

72-17    requiring payment of court-ordered maintenance that the obligor:

72-18                (1)  lacked the ability to provide maintenance in the

72-19    amount ordered;

72-20                (2)  lacked property that could be sold, mortgaged, or

72-21    otherwise pledged to raise the funds needed;

72-22                (3)  attempted unsuccessfully to borrow the needed

72-23    funds; and

72-24                (4)  did not know of a source from which the money

72-25    could have been borrowed or otherwise legally obtained.

72-26          (d)  The issue of the existence of an affirmative defense

72-27    does not arise unless evidence is admitted supporting the defense.

 73-1    If the issue of the existence of an affirmative defense arises, an

 73-2    obligor must prove the affirmative defense by a preponderance of

 73-3    the evidence.

 73-4          Sec. 8.010.  Putative Spouse.  In a suit to declare a

 73-5    marriage void, a putative spouse who did not have knowledge of an

 73-6    existing impediment to a valid marriage may be awarded maintenance

 73-7    if otherwise qualified to receive maintenance under this chapter.

 73-8          Sec. 8.011.  Unmarried Cohabitants.  An order for maintenance

 73-9    is not authorized between unmarried cohabitants under any

73-10    circumstances.

73-11                    CHAPTER 9.  POST-DECREE PROCEEDINGS

73-12                   SUBCHAPTER A.  SUIT TO ENFORCE DECREE

73-13          Sec. 9.001.  ENFORCEMENT OF DECREE.  (a)  A party affected by

73-14    a decree of divorce or annulment providing for a division of

73-15    property as provided by Chapter 7 may request enforcement of that

73-16    decree by filing a suit to enforce as provided by this chapter in

73-17    the court that rendered the decree.

73-18          (b)  Except as otherwise provided in this chapter, a suit to

73-19    enforce shall be governed by the Texas Rules of Civil Procedure

73-20    applicable to the filing of an original lawsuit.

73-21          (c)  A party whose rights, duties, powers, or liabilities may

73-22    be affected by the suit to enforce is entitled to receive notice by

73-23    citation and shall be commanded to appear by filing a written

73-24    answer.  Thereafter, the proceedings shall be as in civil cases

73-25    generally.

73-26          Sec. 9.002.  CONTINUING AUTHORITY TO ENFORCE DECREE.  The

73-27    court that rendered the decree of divorce or annulment retains the

 74-1    power to enforce the property division as provided by Chapter 7.

 74-2          Sec. 9.003.  FILING DEADLINES.  (a)  A suit to enforce the

 74-3    division of tangible personal property in existence at the time of

 74-4    the decree of divorce or annulment must be filed before the second

 74-5    anniversary of the date the decree was signed or becomes final

 74-6    after appeal, whichever date is later, or the suit is barred.

 74-7          (b)  A suit to enforce the division of future property not in

 74-8    existence at the time of the original decree must be filed before

 74-9    the second anniversary of the date the right to the property

74-10    matures or accrues or the decree becomes final, whichever date is

74-11    later, or the suit is barred.

74-12          Sec. 9.004.  APPLICABILITY TO UNDIVIDED PROPERTY.  The

74-13    procedures and limitations of this subchapter do not apply to

74-14    existing property not divided on divorce, which are governed by

74-15    Subchapter C and by the rules applicable to civil cases generally.

74-16          Sec. 9.005.  NO JURY.  A party may not demand a jury trial if

74-17    the procedures to enforce a decree of divorce or annulment provided

74-18    by this subchapter are invoked.

74-19          Sec. 9.006.  ENFORCEMENT OF DIVISION OF PROPERTY.  (a)

74-20    Except as provided by this subchapter and by the Texas Rules of

74-21    Civil Procedure, the court may render further orders to enforce the

74-22    division of property made in the decree of divorce or annulment to

74-23    assist in the implementation of or to clarify the prior order.

74-24          (b)  The court may specify more precisely the manner of

74-25    effecting the property division previously made if the substantive

74-26    division of property is not altered or changed.

74-27          (c)  An order of enforcement does not alter or affect the

 75-1    finality of the decree of divorce or annulment being enforced.

 75-2          Sec. 9.007.  LIMITATION ON POWER OF COURT TO ENFORCE.  (a)  A

 75-3    court may not amend, modify, alter, or change the division of

 75-4    property made or approved in the decree of divorce or annulment.

 75-5    An order to enforce the division is limited to an order to assist

 75-6    in the implementation of or to clarify the prior order and may not

 75-7    alter or change the substantive division of property.

 75-8          (b)  An order under this section that amends, modifies,

 75-9    alters, or changes the actual, substantive division of property

75-10    made or approved in a final decree of divorce or annulment is

75-11    beyond the power of the divorce court and is unenforceable.

75-12          (c)  The power of the court to render further orders to

75-13    assist in the implementation of or to clarify the property division

75-14    is abated while an appellate proceeding is pending.

75-15          Sec. 9.008.  CLARIFICATION ORDER.  (a)  On the request of a

75-16    party or on the court's own motion, the court may render a

75-17    clarifying order before a motion for contempt is made or heard, in

75-18    conjunction with a motion for contempt or on denial of a motion for

75-19    contempt.

75-20          (b)  On a finding by the court that the original form of the

75-21    division of property is not specific enough to be enforceable by

75-22    contempt, the court may render a clarifying order setting forth

75-23    specific terms to enforce compliance with the original division of

75-24    property.

75-25          (c)  The court may not give retroactive effect to a

75-26    clarifying order.

75-27          (d)  The court shall provide a reasonable time for compliance

 76-1    before enforcing a clarifying order by contempt or in another

 76-2    manner.

 76-3          Sec. 9.009.  DELIVERY OF PROPERTY.  To enforce the division

 76-4    of property made in a decree of divorce or annulment, the court may

 76-5    make an order to deliver the specific existing property awarded,

 76-6    without regard to whether the property is of especial value,

 76-7    including an award of an existing sum of money or its equivalent.

 76-8          Sec. 9.010.  REDUCTION TO MONEY JUDGMENT.  (a)  If a party

 76-9    fails to comply with a decree of divorce or annulment and delivery

76-10    of property awarded in the decree is no longer an adequate remedy,

76-11    the court may render a money judgment for the damages caused by

76-12    that failure to comply.

76-13          (b)  If a party did not receive payments of money as awarded

76-14    in the decree of divorce or annulment, the court may render

76-15    judgment against a defaulting party for the amount of unpaid

76-16    payments to which the party is entitled.

76-17          (c)  The remedy of a reduction to money judgment is in

76-18    addition to the other remedies provided by law.

76-19          (d)  A money judgment rendered under this section may be

76-20    enforced by any means available for the enforcement of judgment for

76-21    debt.

76-22          Sec. 9.011.  RIGHT TO FUTURE PROPERTY.  (a)  The court may,

76-23    by any remedy provided by this chapter, enforce an award of the

76-24    right to receive installment payments or a lump-sum payment due on

76-25    the maturation of an existing vested or nonvested right to be paid

76-26    in the future.

76-27          (b)  The subsequent actual receipt by the non-owning party of

 77-1    property awarded to the owner in a decree of divorce or annulment

 77-2    creates a fiduciary obligation in favor of the owner and imposes a

 77-3    constructive trust on the property for the benefit of the owner.

 77-4          Sec. 9.012.  CONTEMPT.  (a)  The court may enforce by

 77-5    contempt an order requiring delivery of specific property or an

 77-6    award of a right to future property.

 77-7          (b)  The court may not enforce by contempt an award in a

 77-8    decree of divorce or annulment of a sum of money payable in a lump

 77-9    sum or in future installment payments in the nature of debt, except

77-10    for:

77-11                (1)  a sum of money in existence at the time the decree

77-12    was rendered; or

77-13                (2)  a matured right to future payments as provided by

77-14    Section 9.011.

77-15          (c)  This subchapter does not detract from or limit the

77-16    general power of a court to enforce an order of the court by

77-17    appropriate means.

77-18          Sec. 9.013.  COSTS.  The court may award costs in a

77-19    proceeding to enforce a property division under this subchapter as

77-20    in other civil cases.

77-21          Sec. 9.014.  ATTORNEY'S FEES.  The court may award reasonable

77-22    attorney's fees as costs in a proceeding under this subchapter.

77-23    The court may order the attorney's fees to be paid directly to the

77-24    attorney, who may enforce the order for fees in the attorney's own

77-25    name by any means available for the enforcement of a judgment for

77-26    debt.

77-27               (Sections 9.015-9.100 reserved for expansion)

 78-1       SUBCHAPTER B.  POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER

 78-2          Sec. 9.101.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS

 78-3    ORDER.  (a)  Notwithstanding any other provision of this chapter,

 78-4    the court that rendered a final decree of divorce or annulment or

 78-5    another final order dividing property under this title retains

 78-6    continuing, exclusive jurisdiction to render an enforceable

 78-7    qualified domestic relations order or similar order permitting

 78-8    payment of pension, retirement plan, or other employee benefits

 78-9    divisible under the law of this state or of the United States to an

78-10    alternate payee or other lawful payee.

78-11          (b)  Unless prohibited by federal law, a suit seeking a

78-12    qualified domestic relations order or similar order under this

78-13    section applies to a previously divided pension, retirement plan,

78-14    or other employee benefit divisible under the law of this state or

78-15    of the United States, whether the plan or benefit is private,

78-16    state, or federal.

78-17          Sec. 9.102.  PROCEDURE.  (a)  A party to a decree of divorce

78-18    or annulment may petition the court for a qualified domestic

78-19    relations order or similar order.

78-20          (b)  Except as otherwise provided by this code, a petition

78-21    under this subchapter is governed by the Texas Rules of Civil

78-22    Procedure that apply to the filing of an original lawsuit.

78-23          (c)  Each party whose rights may be affected by the petition

78-24    is entitled to receive notice by citation and shall be commanded to

78-25    appear by filing a written answer.

78-26          (d)  The proceedings shall be conducted in the same manner as

78-27    civil cases generally.

 79-1          Sec. 9.103.  PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC

 79-2    RELATIONS ORDER.  A party may petition a court to render a

 79-3    qualified domestic relations order or similar order if the court

 79-4    that rendered a final decree of divorce or annulment or another

 79-5    final order dividing property under this chapter did not provide a

 79-6    qualified domestic relations order or similar order permitting

 79-7    payment of benefits to an alternate payee or other lawful payee.

 79-8          Sec. 9.104.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a

 79-9    plan administrator or other person acting in an equivalent capacity

79-10    determines that a domestic relations order does not satisfy the

79-11    requirements of a qualified domestic relations order or similar

79-12    order, the court retains continuing, exclusive jurisdiction over

79-13    the parties and their property to the extent necessary to render a

79-14    qualified domestic relations order.

79-15          Sec. 9.105.  LIBERAL CONSTRUCTION.  The court shall liberally

79-16    construe this subchapter to effect payment of retirement benefits

79-17    that were divided by a previous decree that failed to contain a

79-18    qualified domestic relations order or similar order or that

79-19    contained an order that failed to meet the requirements of a

79-20    qualified domestic relations order or similar order.

79-21               (Sections 9.106-9.200 reserved for expansion)

79-22              SUBCHAPTER C.  POST-DECREE DIVISION OF PROPERTY

79-23          Sec. 9.201.  PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT

79-24    DIVIDED ON DIVORCE OR ANNULMENT.  (a)  Either former spouse may

79-25    file a suit as provided by this subchapter to divide property not

79-26    divided or awarded to a spouse in a final decree of divorce or

79-27    annulment.

 80-1          (b)  Except as otherwise provided by this subchapter, the

 80-2    suit is governed by the Texas Rules of Civil Procedure applicable

 80-3    to the filing of an original lawsuit.

 80-4          Sec. 9.202.  LIMITATIONS.  (a)  A suit under this subchapter

 80-5    must be filed before the second anniversary of the date a former

 80-6    spouse unequivocally repudiates the existence of the ownership

 80-7    interest of the other former spouse and communicates that

 80-8    repudiation to the other former spouse.

 80-9          (b)  The two-year limitations period is tolled for the period

80-10    that a court of this state does not have jurisdiction over the

80-11    former spouses or over the property.

80-12          Sec. 9.203.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

80-13    HAD JURISDICTION.  (a)  If a court of this state failed to dispose

80-14    of property subject to division in a final decree of divorce or

80-15    annulment even though the court had jurisdiction over the spouses

80-16    or over the property, the court shall divide the property in a

80-17    manner that the court deems just and right, having due regard for

80-18    the rights of each party and any children of the marriage.

80-19          (b)  If a final decree of divorce or annulment rendered by a

80-20    court in another state failed to dispose of property subject to

80-21    division under the law of that state even though the court had

80-22    jurisdiction to do so, a court of this state shall apply the law of

80-23    the other state regarding undivided property as required by Section

80-24    1, Article IV, United States Constitution (the full faith and

80-25    credit clause), and enabling federal statutes.

80-26          Sec. 9.204.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

80-27    LACKED JURISDICTION.  (a)  If a court of this state failed to

 81-1    dispose of property subject to division in a final decree of

 81-2    divorce or annulment because the court lacked jurisdiction over a

 81-3    spouse or the property, and if that court subsequently acquires the

 81-4    requisite jurisdiction, that court may divide the property in a

 81-5    manner that the court deems just and right, having due regard for

 81-6    the rights of each party and any children of the marriage.

 81-7          (b)  If a final decree of divorce or annulment rendered by a

 81-8    court in another state failed to dispose of property subject to

 81-9    division under the law of that state because the court lacked

81-10    jurisdiction over a spouse or the property, and if a court of this

81-11    state subsequently acquires the requisite jurisdiction over the

81-12    former spouses or over the property, the court in this state may

81-13    divide the property in a manner that the court deems just and

81-14    right, having due regard for the rights of each party and any

81-15    children of the marriage.

81-16          Sec. 9.205.  ATTORNEY'S FEES.  In a proceeding to divide

81-17    property previously undivided in a decree of divorce or annulment

81-18    as provided by this subchapter, the court may award reasonable

81-19    attorney's fees as costs.  The court may order the attorney's fees

81-20    to be paid directly to the attorney, who may enforce the order in

81-21    the attorney's own name by any means available for the enforcement

81-22    of a judgment for debt.

81-23               (Sections 9.206-9.300 reserved for expansion)

81-24        SUBCHAPTER D.  DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST

81-25          Sec. 9.301.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

81-26    BENEFICIARY OF LIFE INSURANCE.  (a)  If a decree of divorce or

81-27    annulment is rendered after an insured has designated the insured's

 82-1    spouse as a beneficiary under a life insurance policy in force at

 82-2    the time of rendition, a provision in the policy in favor of the

 82-3    insured's former spouse is not effective unless:

 82-4                (1)  the decree designates the insured's former spouse

 82-5    as the beneficiary;

 82-6                (2)  the insured redesignates the former spouse as the

 82-7    beneficiary after rendition of the decree; or

 82-8                (3)  the former spouse is designated to receive the

 82-9    proceeds in trust for, on behalf of, or for the benefit of a child

82-10    or a dependent of either former spouse.

82-11          (b)  If a designation is not effective under Subsection (a),

82-12    the proceeds of the policy are payable to the named alternative

82-13    beneficiary or, if there is not a named alternative beneficiary, to

82-14    the estate of the insured.

82-15          (c)  An insurer who pays the proceeds of a life insurance

82-16    policy issued by the insurer to the beneficiary under a designation

82-17    that is not effective under Subsection (a) is liable for payment of

82-18    the proceeds to the person or estate provided by Subsection (b)

82-19    only if:

82-20                (1)  before payment of the proceeds to the designated

82-21    beneficiary, the insurer receives written notice at the home office

82-22    of the insurer from an interested person that the designation is

82-23    not effective under Subsection (a); and

82-24                (2)  the insurer has not interpleaded the proceeds into

82-25    the registry of a court of competent jurisdiction in accordance

82-26    with the Texas Rules of Civil Procedure.

82-27          Sec. 9.302.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

 83-1    BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.  (a)

 83-2    If a decree of divorce or annulment is rendered after a spouse,

 83-3    acting in the capacity of a participant, annuitant, or account

 83-4    holder, has designated the other spouse as a beneficiary under an

 83-5    individual retirement account, employee stock option plan, stock

 83-6    option, or other form of savings, bonus, profit-sharing, or other

 83-7    employer plan or financial plan of an employee or a participant in

 83-8    force at the time of rendition, the designating provision in the

 83-9    plan in favor of the other former spouse is not effective unless:

83-10                (1)  the decree designates the other former spouse as

83-11    the beneficiary;

83-12                (2)  the designating former spouse redesignates the

83-13    other former spouse as the beneficiary after rendition of the

83-14    decree; or

83-15                (3)  the other former spouse is designated to receive

83-16    the proceeds or benefits in trust for, on behalf of, or for the

83-17    benefit of a child or dependent of either former spouse.

83-18          (b)  If a designation is not effective under Subsection (a),

83-19    the benefits or proceeds are payable to the named alternative

83-20    beneficiary or, if there is not a named alternative beneficiary, to

83-21    the designating former spouse.

83-22          (c)  A business entity, employer, pension trust, insurer,

83-23    financial institution, or other person obligated to pay retirement

83-24    benefits or proceeds of a financial plan covered by this section

83-25    who pays the benefits or proceeds to the beneficiary under a

83-26    designation of the other former spouse that is not effective under

83-27    Subsection (a) is liable for payment of the benefits or proceeds to

 84-1    the person provided by Subsection (b) only if:

 84-2                (1)  before payment of the benefits or proceeds to the

 84-3    designated beneficiary, the payor receives written notice at the

 84-4    home office or principal office of the payor from an interested

 84-5    person that the designation of the beneficiary or fiduciary is not

 84-6    effective under Subsection (a); and

 84-7                (2)  the payor has not interpleaded the benefits or

 84-8    proceeds into the registry of a court of competent jurisdiction in

 84-9    accordance with the Texas Rules of Civil Procedure.

84-10          (d)  This section does not affect the right of a former

84-11    spouse to assert an ownership interest in an undivided pension,

84-12    retirement, annuity, or other financial plan described by this

84-13    section as provided by this subchapter.

84-14          (e)  This section does not apply to the disposition of a

84-15    beneficial interest in a retirement benefit or other financial plan

84-16    of a public retirement system as defined by Section 802.001,

84-17    Government Code.

84-18          SECTION 2.  Subpart D, Part 5, Chapter XIII, Texas Probate

84-19    Code, is amended by adding Sections 886-886F to read as follows:

84-20          Sec. 886.  APPOINTMENT OF RECEIVER.  (a)  If any of the

84-21    separate property of a person reported to be a prisoner of war or

84-22    missing in action by the United States Department of Defense

84-23    appears to be in danger of injury, loss, or waste and in need of a

84-24    representative, a district judge of the county in which the person

84-25    reported to be a prisoner of war or missing in action or the spouse

84-26    of the person resides or where the endangered separate property is

84-27    located may by order, with or without application, appoint a

 85-1    suitable person as receiver to take charge of the endangered

 85-2    separate property.

 85-3          (b)  The order must include a requirement that the receiver

 85-4    post bond as in ordinary receiverships in a sum the judge considers

 85-5    necessary to protect the separate property and shall specify the

 85-6    duties and powers of the receiver as the judge considers necessary

 85-7    for the protection, conservation, and preservation of the separate

 85-8    property.

 85-9          (c)  The clerk shall enter the order in the minutes of the

85-10    court, and the person appointed shall post bond for submission to

85-11    the judge for approval.  On approval by the judge, the bond shall

85-12    be filed with the clerk.

85-13          (d)  The receiver shall take charge of the endangered

85-14    separate property under the duties and powers provided by the order

85-15    of appointment and by subsequent orders as the judge shall make.

85-16          Sec. 886A.  EXPENDITURES BY RECEIVER.  If during the

85-17    receivership under Section 886 the needs of the spouse or dependent

85-18    children of the person reported to be a prisoner of war or missing

85-19    in action require the use of the income or corpus of the estate for

85-20    education, clothing, or subsistence, the judge may, with or without

85-21    application, by order entered in the minutes of the court,

85-22    appropriate an amount of the income or corpus sufficient for that

85-23    purpose.  The income or corpus shall be used by the receiver to pay

85-24    claims for education, clothing, or subsistence that are presented

85-25    to the judge and approved and ordered to be paid.

85-26          Sec. 886B.  INVESTMENTS, LOANS, AND CONTRIBUTIONS BY

85-27    RECEIVER.  If during the receivership under Section 886 the

 86-1    receiver has on hand an amount of money belonging to the person

 86-2    reported to be a prisoner of war or missing in action in excess of

 86-3    the amount needed for current necessities and expenses, the

 86-4    receiver may, under direction of the judge, invest, lend, or

 86-5    contribute all or a part of the excess money in the manner provided

 86-6    by this chapter for investments, loans, or contributions by

 86-7    guardians.  The receiver shall report to the judge all transactions

 86-8    involving excess money in the manner that reports are required of

 86-9    guardians.

86-10          Sec. 886C.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.

86-11    (a) All necessary expenses incurred by the receiver in

86-12    administering the property may be reported monthly to the judge by

86-13    a sworn statement of account, including a report of:

86-14                (1)  the receiver's acts;

86-15                (2)  the condition of the property;

86-16                (3)  the status of the threatened danger to the

86-17    property; and

86-18                (4)  the progress made toward abatement of the

86-19    threatened danger.

86-20          (b)  If the judge is satisfied that the statement is correct

86-21    and reasonable in all respects, the judge shall promptly by order

86-22    approve the report and authorize the reimbursement of the receiver

86-23    from the funds under the receiver's control.

86-24          (c)  For official services rendered, the receiver is entitled

86-25    to be compensated in the same manner and amount as is provided by

86-26    this chapter for similar services rendered by guardians of estates.

86-27          Sec. 886D.  CLOSING RECEIVERSHIP.  When the threatened danger

 87-1    has abated and the separate property is no longer liable to injury,

 87-2    loss, or waste for the lack of a representative, the receiver

 87-3    shall:

 87-4                (1)  report to the judge; and

 87-5                (2)  file with the clerk a full and final sworn account

 87-6    of:

 87-7                      (A)  all property received by the receiver;

 87-8                      (B)  all sums paid out;

 87-9                      (C)  all acts performed by the receiver with

87-10    respect to the property; and

87-11                      (D)  all property remaining in the receiver's

87-12    control.

87-13          Sec. 886E.  ACTION OF JUDGE.  (a)  If on hearing the report

87-14    and account the judge is satisfied that the danger of injury, loss,

87-15    or waste has abated and that the report and account are correct,

87-16    the judge shall render an order so finding and shall direct the

87-17    receiver to deliver the property to the person from whom the

87-18    receiver took possession as receiver, to the person who was

87-19    reported to be a prisoner of war or missing in action, or to

87-20    another person the judge finds to be entitled to possession of the

87-21    estate.  The person to whom the property is delivered shall execute

87-22    and file with the clerk an appropriate receipt for the property

87-23    delivered.

87-24          (b)  The order of the judge shall discharge the receiver and

87-25    the receiver's sureties.

87-26          (c)  If the judge is not satisfied that the danger has

87-27    abated, or is not satisfied with the report and account, the judge

 88-1    shall render an order continuing the receivership in  effect until

 88-2    the judge is so satisfied.

 88-3          Sec. 886F.  RECORDATION OF PROCEEDINGS.  All orders, bonds,

 88-4    reports, accounts, and notices in the receivership proceedings

 88-5    shall be recorded in the minutes of the court.

 88-6          SECTION 3.  Title 1, Family Code, as that title existed

 88-7    before the effective date of this Act, is repealed.

 88-8          SECTION 4.  The change in law made by this Act does not

 88-9    affect a proceeding under the Family Code pending on the effective

88-10    date of this Act.  A proceeding pending on the effective date of

88-11    this Act is governed by the law in effect at the time the

88-12    proceeding was commenced, and the former law is continued in effect

88-13    for that purpose.

88-14          SECTION 5.  The importance of this legislation and the

88-15    crowded condition of the calendars in both houses create an

88-16    emergency and an imperative public necessity that the

88-17    constitutional rule requiring bills to be read on three several

88-18    days in each house be suspended, and this rule is hereby suspended,

88-19    and that this Act take effect and be in force from and after its

88-20    passage, and it is so enacted.