1-1           By:  Harris                                      S.B. No. 334

 1-2           (In the Senate - Filed January 28, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     February 26, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 6, Nays 0; February 26, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Harris

 1-7     Amend S.B. No. 334 as follows:

 1-8           (1)  On page 60, between lines 13 and 14, insert the

 1-9     following:

1-10           "Sec. 6.702.  WAITING PERIOD.  (a)  The court may not grant a

1-11     divorce before the 60th day after the date the suit was filed.  A

1-12     decree rendered in violation of this subsection is not subject to

1-13     collateral attack.

1-14           (b)  A waiting period is not required before a court may

1-15     grant an annulment or declare a marriage void other than as

1-16     required in civil cases generally."

1-17           (2)  On page 60, line 14, strike "6.702." and substitute

1-18     "6.703."

1-19           (3)  On page 60, line 17, strike "6.703." and substitute

1-20     "6.704."

1-21           (4)  On page 60, line 25, strike "6.704." and substitute

1-22     "6.705."

1-23           (5)  On page 61, line 8, strike "6.705." and substitute

1-24     "6.706."

1-25           (6)  On page 61, line 21, strike "6.706." and substitute

1-26     "6.707."

1-27           (7)  On page 62, line 9, strike "6.707." and substitute

1-28     "6.708."

1-29           (8)  On page 62, line 16, strike "6.708." and substitute

1-30     "6.709."

1-31                            A BILL TO BE ENTITLED

1-32                                   AN ACT

1-33     relating to the recodification of statutes relating to the marriage

1-34     relationship.

1-35           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-36           SECTION 1.   The Family Code is recodified by reenacting

1-37     Title 1 to read as follows:

1-38                     TITLE 1.  THE MARRIAGE RELATIONSHIP

1-39                            SUBTITLE A.  MARRIAGE

1-40                       CHAPTER 1.  GENERAL PROVISIONS

1-41                         SUBCHAPTER A.  DEFINITIONS

1-42           Sec. 1.001.  APPLICABILITY OF DEFINITIONS.  (a)  The

1-43     definitions in this subchapter apply to this title.

1-44           (b)  Except as provided by this subchapter, the definitions

1-45     in Chapter 101 apply to terms used in this title.

1-46           (c)  If, in another part of this title, a term defined by

1-47     this subchapter has a meaning different from the meaning provided

1-48     by this subchapter, the meaning of that other provision prevails.

1-49           Sec. 1.002.  COURT.  "Court" means the district court,

1-50     juvenile court having the jurisdiction of a district court, or

1-51     other court expressly given jurisdiction of a suit under this

1-52     title.

1-53           Sec. 1.003.  SUIT FOR DISSOLUTION OF MARRIAGE.  "Suit for

1-54     dissolution of a marriage" includes a suit for divorce or annulment

1-55     or to declare a marriage void.

1-56                (Sections 1.004-1.100 reserved for expansion)

1-57                        SUBCHAPTER B.  PUBLIC POLICY

1-58           Sec. 1.101.  EVERY MARRIAGE PRESUMED VALID.  In order to

1-59     promote the public health and welfare and to provide the necessary

1-60     records, this code specifies detailed rules to be followed in

1-61     establishing the marriage relationship.  However, in order to

1-62     provide stability for those entering into the marriage relationship

1-63     in good faith and to provide for an orderly determination of

 2-1     parentage and security for the children of the relationship, it is

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

 2-3     against claims of invalidity unless a strong reason exists for

 2-4     holding the marriage void or voidable.  Therefore, every marriage

 2-5     entered into in this state is presumed to be valid unless expressly

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

 2-7     6 and annulled as provided by that chapter.

 2-8           Sec. 1.102.  MOST RECENT MARRIAGE PRESUMED VALID.  When two

 2-9     or more marriages of a person to different spouses are alleged, the

2-10     most recent marriage is presumed to be valid as against each

2-11     marriage that precedes the most recent marriage until one who

2-12     asserts the validity of a prior marriage proves the validity of the

2-13     prior marriage.

2-14           Sec. 1.103.  PERSONS MARRIED ELSEWHERE.  The law of this

2-15     state applies to persons married elsewhere who are domiciled in

2-16     this state.

2-17           Sec. 1.104.  CAPACITY OF SPOUSE.  Except as expressly

2-18     provided by statute or by the constitution, a person, regardless of

2-19     age, who has been married in accordance with the law of this state

2-20     has the capacity and power of an adult, including the capacity to

2-21     contract.

2-22           Sec. 1.105.  JOINDER IN CIVIL SUITS.   (a)  A spouse may sue

2-23     and be sued without the joinder of the other spouse.

2-24           (b)  When claims or liabilities are joint and several, the

2-25     spouses may be joined under the rules relating to joinder of

2-26     parties generally.

2-27           Sec. 1.106.  CRIMINAL CONVERSATION NOT AUTHORIZED.  A right

2-28     of action by one spouse against a third party for criminal

2-29     conversation is not authorized in this state.

2-30           Sec. 1.107.  ALIENATION OF AFFECTION NOT AUTHORIZED.  A right

2-31     of action by one spouse against a third party for alienation of

2-32     affection is not authorized in this state.

2-33           Sec. 1.108.  PROMISE OR AGREEMENT MUST BE IN WRITING.  A

2-34     promise or agreement made on consideration of marriage or

2-35     nonmarital conjugal cohabitation is not enforceable unless the

2-36     promise or agreement or a memorandum of the promise or agreement is

2-37     in writing and signed by the person obligated by the promise or

2-38     agreement.

2-39                    CHAPTER 2.  THE MARRIAGE RELATIONSHIP

2-40               SUBCHAPTER A.  APPLICATION FOR MARRIAGE LICENSE

2-41           Sec. 2.001.  MARRIAGE LICENSE.  (a)  A man and a woman

2-42     desiring to enter into a ceremonial marriage must obtain a marriage

2-43     license from the county clerk of any county of this state.

2-44           (b)  A license may not be issued for the marriage of persons

2-45     of the same sex.

2-46           Sec. 2.002.  Application for License.  Except as provided by

2-47     Section 2.006, each person applying for a license must:

2-48                 (1)  appear before the county clerk;

2-49                 (2)  submit the person's proof of identity and age as

2-50     provided by this subchapter;

2-51                 (3)  provide the information applicable to that person

2-52     for which spaces are provided in the application for a marriage

2-53     license;

2-54                 (4)  mark the appropriate boxes provided in the

2-55     application; and

2-56                 (5)  take the oath printed on the application and sign

2-57     the application before the county clerk.

2-58           Sec. 2.003.  Application for License by Minor.  In addition

2-59     to the other requirements provided by this chapter, a person under

2-60     18 years of age applying for a license must provide to the county

2-61     clerk:

2-62                 (1)  documents establishing, as provided by Section

2-63     2.102, parental consent for the person to the marriage;

2-64                 (2)  documents establishing that a prior marriage of

2-65     the person has been dissolved; or

2-66                 (3)  a court order granted under Section 2.103

2-67     authorizing the marriage of the person.

2-68           Sec. 2.004.  Application Form.  (a)  The county clerk shall

2-69     furnish the application form as prescribed by the bureau of vital

 3-1     statistics.

 3-2           (b)  The application form must contain:

 3-3                 (1)  a heading entitled "Application for Marriage

 3-4     License, ____________ County, Texas";

 3-5                 (2)  spaces for each applicant's full name, including

 3-6     the woman's maiden surname, address, social security number, if

 3-7     any, date of birth, and place of birth, including city, county, and

 3-8     state;

 3-9                 (3)  a space for indicating the document tendered by

3-10     each applicant as proof of identity and age;

3-11                 (4)  spaces for indicating whether each applicant has

3-12     been divorced within the last 30 days;

3-13                 (5)  printed boxes for each applicant to check "true"

3-14     or "false" in response to the following statement:  "I am not

3-15     presently married.";

3-16                 (6)  printed boxes for each applicant to check "true"

3-17     or "false" in response to the following statement:  "The other

3-18     applicant is not related to me as:

3-19                       (A)  an ancestor or descendant, by blood or

3-20     adoption;

3-21                       (B)  a brother or sister, of the whole or half

3-22     blood or by adoption;

3-23                       (C)  a parent's brother or sister, of the whole

3-24     or half blood or by adoption; or

3-25                       (D)  a son or daughter of a brother or sister, of

3-26     the whole or half blood or by adoption.";

3-27                 (7)  a printed oath reading:  "I SOLEMNLY SWEAR (OR

3-28     AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

3-29     CORRECT.";

3-30                 (8)  spaces immediately below the printed oath for the

3-31     applicants' signatures;

3-32                 (9)  a certificate of the county clerk that:

3-33                       (A)  each applicant made the oath and the date

3-34     and place that it was made; or

3-35                       (B)  an applicant did not appear personally but

3-36     the prerequisites for the license have been fulfilled as provided

3-37     by this chapter;

3-38                 (10)  spaces for indicating the date of the marriage

3-39     and the county in which the marriage is performed; and

3-40                 (11)  a space for the address to which the applicants

3-41     desire the completed license to be mailed.

3-42           Sec. 2.005.  Proof of Identity and Age.  (a)  The county

3-43     clerk shall require proof of the identity and age of each

3-44     applicant.

3-45           (b)  The proof must be established by a certified copy of the

3-46     applicant's birth certificate or by some certificate, license, or

3-47     document issued by this state or another state, the United States,

3-48     or a foreign government.

3-49           Sec. 2.006.  Absent Applicant.  (a)  If an applicant is

3-50     unable to appear personally before the county clerk to apply for a

3-51     marriage license, any adult person or the other applicant may apply

3-52     on behalf of the absent applicant.

3-53           (b)  The person applying on behalf of an absent applicant

3-54     shall provide to the clerk:

3-55                 (1)  the affidavit of the absent applicant as provided

3-56     by this subchapter;

3-57                 (2)  proof of the identity and age of the absent

3-58     applicant as provided by this subchapter; and

3-59                 (3)  if required because the absent applicant is a

3-60     person under 18 years of age, the documents establishing parental

3-61     consent, documents establishing that a prior marriage has been

3-62     dissolved, or a court order authorizing the marriage of the absent,

3-63     underage applicant.

3-64           Sec. 2.007.  AFFIDAVIT OF ABSENT APPLICANT.  The affidavit of

3-65     an absent applicant must include:

3-66                 (1)  the absent applicant's full name, including the

3-67     maiden surname of a female applicant, address, date of birth, place

3-68     of birth, including city, county, and state, citizenship, and

3-69     social security number, if any;

 4-1                 (2)  a declaration that the absent applicant has not

 4-2     been divorced within the last 30 days;

 4-3                 (3)  a declaration that the absent applicant is:

 4-4                       (A)  not presently married; or

 4-5                       (B)  married to the other applicant and they wish

 4-6     to marry again;

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

 4-8     related to the absent applicant as:

 4-9                       (A)  an ancestor or descendant, by blood or

4-10     adoption;

4-11                       (B)  a brother or sister, of the whole or half

4-12     blood or by adoption;

4-13                       (C)  a parent's brother or sister, of the whole

4-14     or half blood or by adoption; or

4-15                       (D)  a son or daughter of a brother or sister, of

4-16     the whole or half blood or by adoption;

4-17                 (5)  a declaration that the absent applicant desires to

4-18     marry and the name, age, and address of the person to whom the

4-19     absent applicant desires to be married;

4-20                 (6)  the approximate date on which the marriage is to

4-21     occur;

4-22                 (7)  the reason the absent applicant is unable to

4-23     appear personally before the county clerk for the issuance of the

4-24     license; and

4-25                 (8)  if the absent applicant will be unable to attend

4-26     the ceremony, the appointment of any adult, other than the other

4-27     applicant, to act as proxy for the purpose of participating in the

4-28     ceremony.

4-29           Sec. 2.008.  Execution of Application by Clerk.  (a)  The

4-30     county clerk shall:

4-31                 (1)  determine that all necessary information, other

4-32     than the date of the marriage ceremony, the county in which the

4-33     ceremony is conducted, and the name of the person who performs the

4-34     ceremony, is recorded on the application and that all necessary

4-35     documents are submitted;

4-36                 (2)  administer the oath to each applicant appearing

4-37     before the clerk;

4-38                 (3)  have each applicant appearing before the clerk

4-39     sign the application in the clerk's presence; and

4-40                 (4)  execute the clerk's certificate on the

4-41     application.

4-42           (b)  A person appearing before the clerk on behalf of an

4-43     absent applicant is not required to take the oath on behalf of the

4-44     absent applicant.

4-45           Sec. 2.009.  Issuance of License.  (a)  Except as provided by

4-46     Subsection (b), the county clerk may not issue a license if either

4-47     applicant:

4-48                 (1)  fails to provide the information required by this

4-49     subchapter;

4-50                 (2)  fails to submit proof of age and identity;

4-51                 (3)  is under 14 years of age and has not been granted

4-52     a court order as provided by Section 2.103;

4-53                 (4)  is 14 years of age or older but under 18 years of

4-54     age and has not presented at least one of the following:

4-55                       (A)  parental consent as provided by Section

4-56     2.102;

4-57                       (B)  documents establishing that a prior marriage

4-58     of the applicant has been dissolved; or

4-59                       (C)  a court order as provided by Section 2.103;

4-60                 (5)  checks "false" in response to a statement in the

4-61     application, except as provided by Subsection (b), or fails to make

4-62     a required declaration in an affidavit required of an absent

4-63     applicant; or

4-64                 (6)  indicates that the applicant has been divorced by

4-65     a decree of a court of this state within the last 30 days, unless:

4-66                       (A)  the applicants were divorced from each

4-67     other; or

4-68                       (B)  the prohibition against remarriage is waived

4-69     as provided by Section 6.802.

 5-1           (b)  If an applicant checks "false" in response to the

 5-2     statement "I am not presently married," the county clerk shall

 5-3     inquire as to whether the applicant is presently married to the

 5-4     other applicant.  If the applicant states that the applicant is

 5-5     currently married to the other applicant, the county clerk shall

 5-6     record that statement on the license before the administration of

 5-7     the oath.  The county clerk may not refuse to issue a license on

 5-8     the ground that the applicants are already married to each other.

 5-9           (c)  On the proper execution of the application, the clerk

5-10     shall:

5-11                 (1)  prepare the license;

5-12                 (2)  record on the reverse side of the license the

5-13     names of the licensees, the date that the license is issued, and,

5-14     if applicable, the name of the person appointed to act as proxy for

5-15     an absent applicant, if any;

5-16                 (3)  record the time at which the license was issued;

5-17     and

5-18                 (4)  distribute to each applicant printed materials

5-19     about acquired immune deficiency syndrome (AIDS) and human

5-20     immunodeficiency virus (HIV) and note on the license that the

5-21     distribution was made.

5-22           Sec. 2.010.  AIDS INFORMATION.  Materials providing

5-23     information about acquired immune deficiency syndrome (AIDS) and

5-24     human immunodeficiency virus (HIV) shall be prepared and provided

5-25     to the clerk by the Texas Department of Health and shall be

5-26     designed to inform the applicants about:

5-27                 (1)  the incidence and mode of transmission of AIDS and

5-28     HIV;

5-29                 (2)  the local availability of medical procedures,

5-30     including voluntary testing, designed to show or help show whether

5-31     a person has AIDS or HIV infection, antibodies to HIV, or infection

5-32     with any other probable causative agent of AIDS; and

5-33                 (3)  available and appropriate counseling services

5-34     regarding AIDS and HIV infection.

5-35           Sec. 2.011.  RECORDING.  The county clerk shall record all

5-36     licenses issued by the clerk and all documents submitted with an

5-37     application for a license or note a summary of the documents on the

5-38     application.

5-39           Sec. 2.012.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

5-40     clerk or deputy county clerk who violates or fails to comply with

5-41     this subchapter commits an offense.  An offense under this section

5-42     is a misdemeanor punishable by a fine of not less than $200 and not

5-43     more than $500.

5-44                (Sections 2.013-2.100 reserved for expansion)

5-45                     SUBCHAPTER B.  UNDERAGE APPLICANTS

5-46           Sec. 2.101.  GENERAL AGE REQUIREMENT.  Except as otherwise

5-47     provided by this subchapter or on a showing that a prior marriage

5-48     has been dissolved, a county clerk may not issue a marriage license

5-49     if either applicant is under 18 years of age.

5-50           Sec. 2.102.  PARENTAL CONSENT FOR UNDERAGE APPLICANT.

5-51     (a)  If an applicant is 14 years of age or older but under 18 years

5-52     of age, the county clerk shall issue the license if parental

5-53     consent is given as provided by this section.

5-54           (b)  Parental consent must be evidenced by a written

5-55     declaration on a form supplied by the county clerk in which the

5-56     person consents to the marriage and swears that the person is a

5-57     parent (if there is no judicially designated managing conservator

5-58     or guardian of the applicant's person) or a judicially designated

5-59     managing conservator or guardian (whether an individual, authorized

5-60     agency, or court) of the applicant's person.

5-61           (c)  Except as otherwise provided by this section, consent

5-62     must be acknowledged before a county clerk.

5-63           (d)  If the person giving parental consent resides in another

5-64     state, the consent may be acknowledged before an officer authorized

5-65     to issue marriage licenses in that state.

5-66           (e)  If the person giving parental consent is unable because

5-67     of illness or incapacity to comply with the provisions of

5-68     Subsection (c) or (d), the consent may be acknowledged before any

5-69     officer authorized to take acknowledgments.  A consent under this

 6-1     subsection must be accompanied by a physician's affidavit stating

 6-2     that the person giving parental consent is unable to comply because

 6-3     of illness or incapacity.

 6-4           (f)  Parental consent must be given at the time the

 6-5     application for the marriage license is made or not earlier than

 6-6     the 30th day preceding the date the application is made.

 6-7           Sec. 2.103.  COURT ORDER FOR UNDERAGE APPLICANT.  (a)  A

 6-8     minor may petition the court in the minor's own name for an order

 6-9     granting permission to marry.  In a suit under this section, the

6-10     trial judge may advance the suit if the best interest of the

6-11     applicant would be served by an early hearing.

6-12           (b)  The petition must be filed in the county where a parent

6-13     resides if a managing conservator or a guardian of the person has

6-14     not been appointed.  If a managing conservator or a guardian of the

6-15     person has been appointed, the petition must be filed in the county

6-16     where the managing conservator or the guardian of the person

6-17     resides.  If no person authorized to consent to marriage for the

6-18     minor resides in this state, the petition must be filed in the

6-19     county where the minor lives.

6-20           (c)  The petition must include:

6-21                 (1)  a statement of the reasons the minor desires to

6-22     marry;

6-23                 (2)  a statement of whether each parent is living or is

6-24     dead;

6-25                 (3)  the name and residence address of each living

6-26     parent; and

6-27                 (4)  a statement of whether a managing conservator or a

6-28     guardian of the person has been appointed for the minor.

6-29           (d)  Process shall be served as in other civil cases on each

6-30     living parent of the minor or, if a managing conservator or a

6-31     guardian of the person has been appointed, on the managing

6-32     conservator or guardian of the person.  Citation may be given by

6-33     publication as in other civil cases, except that notice shall be

6-34     published one time only.

6-35           (e)  The court shall appoint a guardian ad litem to represent

6-36     the minor in the proceeding and to speak for or against the

6-37     petition in the manner the guardian ad litem believes to be in the

6-38     best interest of the minor.  The court shall specify a fee to be

6-39     paid by the minor for the services of the guardian ad litem.  The

6-40     fee shall be collected in the same manner as other costs of the

6-41     proceeding.

6-42           (f)  If after a hearing the court, sitting without a jury,

6-43     believes marriage to be in the best interest of the minor, the

6-44     court, by order, shall grant the minor permission to marry.

6-45                (Sections 2.104-2.200 reserved for expansion)

6-46                SUBCHAPTER C.  CEREMONY AND RETURN OF LICENSE

6-47           Sec. 2.201.  EXPIRATION OF LICENSE.  If a marriage ceremony

6-48     has not been conducted before the 31st day after the date the

6-49     license is issued, the marriage license expires.

6-50           Sec. 2.202.  PERSONS AUTHORIZED TO CONDUCT CEREMONY.

6-51     (a)  The following persons are authorized to conduct a marriage

6-52     ceremony:

6-53                 (1)  a licensed or ordained Christian minister or

6-54     priest;

6-55                 (2)  a Jewish rabbi;

6-56                 (3)  a person who is an officer of a religious

6-57     organization and who is authorized by the organization to conduct a

6-58     marriage ceremony; and

6-59                 (4)  a justice of the supreme court, judge of the court

6-60     of criminal appeals, justice of the courts of appeals, judge of the

6-61     district, county, and probate courts, judge of the county courts at

6-62     law, judge of the courts of domestic relations, judge of the

6-63     juvenile courts, retired justice or judge of those courts, justice

6-64     of the peace, retired justice of the peace, or judge or magistrate

6-65     of a federal court of this state.

6-66           (b)  For the purposes of this section, a retired judge or

6-67     justice is a former judge or justice who is vested in the Judicial

6-68     Retirement System of Texas Plan One or the Judicial Retirement

6-69     System of Texas Plan Two or who has an aggregate of at least 12

 7-1     years of service as judge or justice of any type listed in

 7-2     Subsection (a)(4).

 7-3           Sec. 2.203.  CEREMONY.  (a)  On receiving an unexpired

 7-4     marriage license, an authorized person may conduct the marriage

 7-5     ceremony as provided by this subchapter.

 7-6           (b)  A person unable to appear for the ceremony may assent to

 7-7     marriage by the appearance of a proxy appointed in the affidavit

 7-8     authorized by Subchapter A.

 7-9           Sec. 2.204.  72-HOUR WAITING PERIOD; EXCEPTIONS.  (a)  Except

7-10     as provided by this section, a marriage ceremony may not take place

7-11     during the 72-hour period immediately following the issuance of the

7-12     marriage license.

7-13           (b)  The 72-hour waiting period after issuance of a marriage

7-14     license does not apply to an applicant who:

7-15                 (1)  is a member of the armed forces of the United

7-16     States and on active duty; or

7-17                 (2)  obtains a written waiver under Subsection (c).

7-18           (c)  An applicant may request a judge of a court with

7-19     jurisdiction in family law cases, a justice of the supreme court, a

7-20     judge of the court of criminal appeals, or a judge of a court of

7-21     appeals for a written waiver permitting the marriage ceremony to

7-22     take place during the 72-hour period immediately following the

7-23     issuance of the marriage license.  If the judge finds that there is

7-24     good cause for the marriage to take place during the period, the

7-25     judge shall sign the waiver.

7-26           Sec. 2.205.  DISCRIMINATION IN CONDUCTING MARRIAGE

7-27     PROHIBITED.  (a)  A person authorized to conduct a marriage

7-28     ceremony by this subchapter is prohibited from discriminating on

7-29     the basis of race, religion, or national origin against an

7-30     applicant who is otherwise competent to be married.

7-31           (b)  On a finding by the State Commission on Judicial Conduct

7-32     that a person has intentionally violated Subsection (a), the

7-33     commission may recommend to the supreme court that the person be

7-34     removed from office.

7-35           Sec. 2.206.  RETURN OF LICENSE; PENALTY.  (a)  The person who

7-36     conducts a marriage ceremony shall record on the license the date

7-37     on which and the county in which the ceremony is performed and the

7-38     person's name, subscribe the license, and return the license to the

7-39     county clerk who issued it not later than the 30th day after the

7-40     date the ceremony is conducted.

7-41           (b)  A person who fails to comply with this section commits

7-42     an offense.  An offense under this section is a misdemeanor

7-43     punishable by a fine of not less than $200 and not more than $500.

7-44           Sec. 2.207.  MARRIAGE CONDUCTED AFTER LICENSE EXPIRED;

7-45     PENALTY.  (a)  A person who is to conduct a marriage ceremony shall

7-46     determine whether the license has expired from the county clerk's

7-47     endorsement on the license.

7-48           (b)  A person who conducts a marriage ceremony after the

7-49     marriage license has expired commits an offense.  An offense under

7-50     this section is a misdemeanor punishable by a fine of not less than

7-51     $200 and not more than $500.

7-52           Sec. 2.208.  RECORDING AND DELIVERY OF LICENSE.  (a)  The

7-53     county clerk shall record a returned marriage license and mail the

7-54     license to the address indicated on the application.

7-55           (b)  On the application form the county clerk shall record:

7-56                 (1)  the date of the marriage ceremony;

7-57                 (2)  the county in which the ceremony was conducted;

7-58     and

7-59                 (3)  the name of the person who conducted the ceremony.

7-60           Sec. 2.209.  DUPLICATE LICENSE.  (a)  On the application and

7-61     proof of identity of a person whose marriage is recorded in the

7-62     records of the county clerk, the county clerk shall issue a

7-63     duplicate marriage license completed with information as contained

7-64     in the records.

7-65           (b)  On the application and proof of identity of both persons

7-66     to whom a marriage license was issued but not recorded as required

7-67     by Section 2.208, the county clerk shall issue a duplicate license

7-68     if each person applying submits to the clerk an affidavit stating:

7-69                 (1)  that the persons to whom the original license was

 8-1     issued were married to each other before the expiration date of the

 8-2     original license by a person authorized to conduct a marriage

 8-3     ceremony;

 8-4                 (2)  the name of the person who conducted the ceremony;

 8-5     and

 8-6                 (3)  the date of the ceremony.

 8-7                (Sections 2.210-2.300 reserved for expansion)

 8-8                     SUBCHAPTER D.  VALIDITY OF MARRIAGE

 8-9           Sec. 2.301.  FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING

8-10     LICENSE.  Except as otherwise provided by this chapter, the

8-11     validity of a marriage is not affected by any fraud, mistake, or

8-12     illegality that occurred in obtaining the marriage license.

8-13           Sec. 2.302.  CEREMONY CONDUCTED BY UNAUTHORIZED PERSON.  The

8-14     validity of a marriage is not affected by the lack of authority of

8-15     the person conducting the marriage ceremony if:

8-16                 (1)  there was a reasonable appearance of authority by

8-17     that person; and

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

8-19     the ceremony in good faith and that party treats the marriage as

8-20     valid.

8-21                (Sections 2.303-2.400 reserved for expansion)

8-22                 SUBCHAPTER E.  MARRIAGE WITHOUT FORMALITIES

8-23           Sec. 2.401.  PROOF OF INFORMAL MARRIAGE.  (a)  In a judicial,

8-24     administrative, or other proceeding, the marriage of a man and

8-25     woman may be proved by evidence that:

8-26                 (1)  a declaration of their marriage has been signed as

8-27     provided by this subchapter; or

8-28                 (2)  the man and woman agreed to be married and after

8-29     the agreement they lived together in this state as husband and wife

8-30     and there represented to others that they were married.

8-31           (b)  If a proceeding in which a marriage is to be proved as

8-32     provided by Subsection (a)(2) is not commenced before the second

8-33     anniversary of the date on which the parties separated and ceased

8-34     living together, it is rebuttably presumed that the parties did not

8-35     enter into an agreement to be married.

8-36           Sec. 2.402.  DECLARATION AND REGISTRATION OF INFORMAL

8-37     MARRIAGE.  (a)  A declaration of informal marriage must be signed

8-38     on a form prescribed by the bureau of vital statistics and provided

8-39     by the county clerk.  Each party to the declaration shall provide

8-40     the information required in the form.

8-41           (b)  The declaration form must contain:

8-42                 (1)  a heading entitled "Declaration and Registration

8-43     of Informal Marriage, ___________ County, Texas";

8-44                 (2)  spaces for each party's full name, including the

8-45     woman's maiden surname, address, date of birth, place of birth,

8-46     including city, county, and state, and social security number, if

8-47     any;

8-48                 (3)  a space for indicating the type of document

8-49     tendered by each party as proof of age and identity;

8-50                 (4)  printed boxes for each party to check "true" or

8-51     "false" in response to the following statement:  "The other party

8-52     is not related to me as:

8-53                       (A)  an ancestor or descendant, by blood or

8-54     adoption;

8-55                       (B)  a brother or sister, of the whole or half

8-56     blood or by adoption;

8-57                       (C)  a parent's brother or sister, of the whole

8-58     or half blood or by adoption; or

8-59                       (D)  a son or daughter of a brother or sister, of

8-60     the whole or half blood or by adoption.";

8-61                 (5)  a printed declaration and oath reading:  "I

8-62     SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO

8-63     EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE

8-64     AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS

8-65     HUSBAND AND WIFE AND IN THIS STATE WE REPRESENTED TO OTHERS THAT WE

8-66     WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE OTHER PARTY I HAVE

8-67     NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS DECLARATION IS TRUE AND

8-68     THE INFORMATION IN IT WHICH I HAVE GIVEN IS CORRECT.";

8-69                 (6)  spaces immediately below the printed declaration

 9-1     and oath for the parties' signatures; and

 9-2                 (7)  a certificate of the county clerk that the parties

 9-3     made the declaration and oath and the place and date it was made.

 9-4           (c)  If either party is underage at the time of filing a

 9-5     declaration, the declaration must have attached an acknowledged

 9-6     consent signed by a parent of each underage person.

 9-7           Sec. 2.403.  PROOF OF IDENTITY AND AGE.  The county clerk

 9-8     shall require proof of the identity and age of each party to the

 9-9     declaration of informal marriage to be established by a certified

9-10     copy of the party's birth certificate or by some certificate,

9-11     license, or document issued by this state or another state, the

9-12     United States, or a foreign government.

9-13           Sec. 2.404.  RECORDING OF DECLARATION OF INFORMAL MARRIAGE.

9-14     (a)  The county clerk shall:

9-15                 (1)  determine that all necessary information is

9-16     recorded on the declaration of informal marriage form and that all

9-17     necessary documents are submitted to the clerk;

9-18                 (2)  administer the oath to each party to the

9-19     declaration;

9-20                 (3)  have each party sign the declaration in the

9-21     clerk's presence; and

9-22                 (4)  execute the clerk's certificate to the

9-23     declaration.

9-24           (b)  The county clerk may not certify or record the

9-25     declaration if:

9-26                 (1)  either party fails to supply any information or

9-27     provide any document required by this subchapter;

9-28                 (2)  either party is under 16 years of age and waiver

9-29     of the age requirement has not been ordered; or

9-30                 (3)  either party checks "false" in response to the

9-31     statement of relationship to the other party.

9-32           (c)  On execution of the declaration, the county clerk shall

9-33     record the declaration and all documents submitted with the

9-34     declaration or note a summary of them on the declaration form,

9-35     deliver the original of the declaration to the parties, and send a

9-36     copy to the bureau of vital statistics.

9-37           (d)  A declaration recorded as provided in this section is

9-38     prima facie evidence of the marriage of the parties.

9-39           (e)  At the time the parties sign the declaration, the clerk

9-40     shall distribute to each party printed materials about acquired

9-41     immune deficiency syndrome (AIDS) and human immunodeficiency virus

9-42     (HIV).  The clerk shall note on the declaration that the

9-43     distribution was made.  The materials shall be prepared and

9-44     provided to the clerk by the Texas Department of Health and shall

9-45     be designed to inform the parties about:

9-46                 (1)  the incidence and mode of transmission of AIDS and

9-47     HIV;

9-48                 (2)  the local availability of medical procedures,

9-49     including voluntary testing, designed to show or help show whether

9-50     a person has AIDS or HIV infection, antibodies to HIV, or infection

9-51     with any other probable causative agent of AIDS; and

9-52                 (3)  available and appropriate counseling services

9-53     regarding AIDS and HIV infection.

9-54           Sec. 2.405.  VIOLATION BY COUNTY CLERK; PENALTY.  A county

9-55     clerk or deputy county clerk who violates this subchapter commits

9-56     an offense.  An offense under this section is a misdemeanor

9-57     punishable by a fine of not less than $200 and not more than $500.

9-58                (Sections 2.406-2.500 reserved for expansion)

9-59                 SUBCHAPTER F.  RIGHTS AND DUTIES OF SPOUSES

9-60           Sec. 2.501.  DUTY TO SUPPORT.  (a)  Each spouse has the duty

9-61     to support the other spouse.

9-62           (b)  A spouse who fails to discharge the duty of support is

9-63     liable to any person who provides necessaries to the spouse to whom

9-64     support is owed.

9-65                SUBTITLE B.  PROPERTY RIGHTS AND LIABILITIES

9-66             CHAPTER 3.  MARITAL PROPERTY RIGHTS AND LIABILITIES

9-67      SUBCHAPTER A.  GENERAL RULES FOR SEPARATE AND COMMUNITY PROPERTY

9-68           Sec. 3.001.  SEPARATE PROPERTY.  A spouse's separate property

9-69     consists of:

 10-1                (1)  the property owned or claimed by the spouse before

 10-2    marriage;

 10-3                (2)  the property acquired by the spouse during

 10-4    marriage by gift, devise, or descent; and

 10-5                (3)  the recovery for personal injuries sustained by

 10-6    the spouse during marriage, except any recovery for loss of earning

 10-7    capacity during marriage.

 10-8          Sec. 3.002.  COMMUNITY PROPERTY.  Community property consists

 10-9    of the property, other than separate property, acquired by either

10-10    spouse during marriage.

10-11          Sec. 3.003.  PRESUMPTION OF COMMUNITY PROPERTY.

10-12    (a)  Property possessed by either spouse during or on dissolution

10-13    of marriage is presumed to be community property.

10-14          (b)  The degree of proof necessary to establish that property

10-15    is separate property is clear and convincing evidence.

10-16          Sec. 3.004.  RECORDATION OF SEPARATE PROPERTY.  (a)  A

10-17    subscribed and acknowledged schedule of a spouse's separate

10-18    property may be recorded in the deed records of the county in which

10-19    the parties, or one of them, reside and in the county or counties

10-20    in which the real property is located.

10-21          (b)  A schedule of a spouse's separate real property is not

10-22    constructive notice to a good faith purchaser for value or a

10-23    creditor without actual notice unless the instrument is

10-24    acknowledged and recorded in the deed records of the county in

10-25    which the real property is located.

10-26          Sec. 3.005.  GIFTS BETWEEN SPOUSES.  If one spouse makes a

10-27    gift of property to the other spouse, the gift is presumed to

10-28    include all the income and property that may arise from that

10-29    property.

10-30               (Sections 3.006-3.100 reserved for expansion)

10-31          SUBCHAPTER B.  MANAGEMENT, CONTROL, AND DISPOSITION OF

10-32                             MARITAL PROPERTY

10-33          Sec. 3.101.  MANAGING SEPARATE PROPERTY.  Each spouse has the

10-34    sole management, control, and disposition of that spouse's separate

10-35    property.

10-36          Sec. 3.102.  MANAGING COMMUNITY PROPERTY.  (a)  During

10-37    marriage, each spouse has the sole management, control, and

10-38    disposition of the community property that the spouse would have

10-39    owned if single, including:

10-40                (1)  personal earnings;

10-41                (2)  revenue from separate property;

10-42                (3)  recoveries for personal injuries; and

10-43                (4)  the increase and mutations of, and the revenue

10-44    from, all property subject to the spouse's sole management,

10-45    control, and disposition.

10-46          (b)  If community property subject to the sole management,

10-47    control, and disposition of one spouse is mixed or combined with

10-48    community property subject to the sole management, control, and

10-49    disposition of the other spouse, then the mixed or combined

10-50    community property is subject to the joint management, control, and

10-51    disposition of the spouses, unless the spouses provide otherwise by

10-52    power of attorney in writing or other agreement.

10-53          (c)  Except as provided by Subsection (a), community property

10-54    is subject to the joint management, control, and disposition of the

10-55    spouses unless the spouses provide otherwise by power of attorney

10-56    in writing or other agreement.

10-57          Sec. 3.103.  MANAGING EARNINGS OF MINOR.  During the marriage

10-58    of the parents of an unemancipated minor for whom a managing

10-59    conservator has not been appointed, the earnings of the minor are

10-60    subject to the joint management, control, and disposition of the

10-61    parents of the minor, unless otherwise provided by agreement of the

10-62    parents or by judicial order.

10-63          Sec. 3.104.  PROTECTION OF THIRD PERSONS.  (a)  During

10-64    marriage, property is presumed to be subject to the sole

10-65    management, control, and disposition of a spouse if it is held in

10-66    that spouse's name, as shown by muniment, contract, deposit of

10-67    funds, or other evidence of ownership, or if it is in that spouse's

10-68    possession and is not subject to such evidence of ownership.

10-69          (b)  A third person dealing with a spouse is entitled to

 11-1    rely, as against the other spouse or anyone claiming from that

 11-2    spouse, on that spouse's authority to deal with the property if:

 11-3                (1)  the property is presumed to be subject to the sole

 11-4    management, control, and disposition of the spouse; and

 11-5                (2)  the person dealing with the spouse:

 11-6                      (A)  is not a party to a fraud on the other

 11-7    spouse or another person; and

 11-8                      (B)  does not have actual or constructive notice

 11-9    of the spouse's lack of authority.

11-10               (Sections 3.105-3.200 reserved for expansion)

11-11                SUBCHAPTER C.  MARITAL PROPERTY LIABILITIES

11-12          Sec. 3.201.  SPOUSAL LIABILITY.  (a)  A person is personally

11-13    liable for the acts of the person's spouse only if:

11-14                (1)  the spouse acts as an agent for the person; or

11-15                (2)  the spouse incurs a debt for necessaries as

11-16    provided by Subchapter F, Chapter 2.

11-17          (b)  Except as provided by this subchapter, community

11-18    property is not subject to a liability that arises from an act of a

11-19    spouse.

11-20          (c)  A spouse does not act as an agent for the other spouse

11-21    solely because of the marriage relationship.

11-22          Sec. 3.202.  RULES OF MARITAL PROPERTY LIABILITY.  (a)  A

11-23    spouse's separate property is not subject to liabilities of the

11-24    other spouse unless both spouses are liable by other rules of law.

11-25          (b)  Unless both spouses are personally liable as provided by

11-26    this subchapter, the community property subject to a spouse's sole

11-27    management, control, and disposition is not subject to:

11-28                (1)  any liabilities that the other spouse incurred

11-29    before marriage; or

11-30                (2)  any nontortious liabilities that the other spouse

11-31    incurs during marriage.

11-32          (c)  The community property subject to a spouse's sole or

11-33    joint management, control, and disposition is subject to the

11-34    liabilities incurred by the spouse before or during marriage.

11-35          (d)  All community property is subject to tortious liability

11-36    of either spouse incurred during marriage.

11-37          Sec. 3.203.  ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION.

11-38    (a)  A judge may determine, as deemed just and equitable, the order

11-39    in which particular separate or community property is subject to

11-40    execution and sale to satisfy a judgment, if the property subject

11-41    to liability for a judgment includes any combination of:

11-42                (1)  a spouse's separate property;

11-43                (2)  community property subject to a spouse's sole

11-44    management, control, and disposition;

11-45                (3)  community property subject to the other spouse's

11-46    sole management, control, and disposition; and

11-47                (4)  community property subject to the spouses' joint

11-48    management, control, and disposition.

11-49          (b)  In determining the order in which particular property is

11-50    subject to execution and sale, the judge shall consider the facts

11-51    surrounding the transaction or occurrence on which the suit is

11-52    based.

11-53               (Sections 3.204-3.300 reserved for expansion)

11-54          SUBCHAPTER D.  MANAGEMENT, CONTROL, AND DISPOSITION OF

11-55               MARITAL PROPERTY UNDER UNUSUAL CIRCUMSTANCES

11-56          Sec. 3.301.  INCAPACITATED, MISSING, ABANDONED, OR SEPARATED

11-57    SPOUSE.  (a)  A spouse may file a sworn petition stating the facts

11-58    that make it desirable for the petitioning spouse to manage,

11-59    control, and dispose of community property described or defined in

11-60    the petition that would otherwise be subject to the sole or joint

11-61    management, control, and disposition of the other spouse if:

11-62                (1)  because of physical or mental incapacity, the

11-63    other spouse is unable to manage, control, or dispose of the

11-64    community property subject to that spouse's sole or joint

11-65    management, control, and disposition;

11-66                (2)  the other spouse has disappeared and that spouse's

11-67    location remains unknown to the petitioning spouse, unless the

11-68    spouse is reported to be a prisoner of war or missing on public

11-69    service;

 12-1                (3)  the other spouse has permanently abandoned the

 12-2    petitioning spouse; or

 12-3                (4)  the spouses are permanently separated.

 12-4          (b)  The petition may be filed in a court in the county in

 12-5    which the petitioner resided at the time the incapacity or

 12-6    separation began, or the abandonment or disappearance occurred, not

 12-7    earlier than the 60th day after the date of the occurrence of the

 12-8    event.  If both spouses are nonresidents of this state at the time

 12-9    the petition is filed, the petition may be filed in a court in a

12-10    county in which any part of the described or defined community

12-11    property is located.

12-12          Sec. 3.302.  SPOUSE MISSING ON PUBLIC SERVICE.  (a)  If a

12-13    spouse is reported by an executive department of the United States

12-14    to be a prisoner of war or missing on the public service of the

12-15    United States, the spouse of the prisoner of war or missing person

12-16    may file a sworn petition stating the facts that make it desirable

12-17    for the petitioner to manage, control, and dispose of the community

12-18    property described or defined in the petition that would otherwise

12-19    be subject to the sole or joint management, control, and

12-20    disposition of the imprisoned or missing spouse.

12-21          (b)  The petition may be filed in a court in the county in

12-22    which the petitioner resided at the time the report was made not

12-23    earlier than six months after the date of the notice that a spouse

12-24    is reported to be a prisoner of war or missing on public service.

12-25    If both spouses were nonresidents of this state at the time the

12-26    report was made, the petition shall be filed in a court in a county

12-27    in which any part of the described or defined property is located.

12-28          Sec. 3.303.  APPOINTMENT OF ATTORNEY.  (a)  Except as

12-29    provided by Subsection (b), the court may appoint an attorney in a

12-30    suit filed under this subchapter for the respondent.

12-31          (b)  The court shall appoint an attorney in a suit filed

12-32    under this subchapter for a respondent reported to be a prisoner of

12-33    war or missing on public service.

12-34          (c)  The court shall allow a reasonable fee for an appointed

12-35    attorney's services as a part of the costs of the suit.

12-36          Sec. 3.304.  NOTICE OF HEARING; CITATION.  (a)  Notice of the

12-37    hearing, accompanied by a copy of the petition, shall be issued and

12-38    served on the attorney representing the respondent, if an attorney

12-39    has been appointed.

12-40          (b)  If an attorney has not been appointed for the

12-41    respondent, citation shall be issued and served on the respondent

12-42    as in other civil cases.

12-43          Sec. 3.305.  CITATION BY PUBLICATION.  (a)  If the residence

12-44    of the respondent, other than a respondent reported to be a

12-45    prisoner of war or missing on public service, is unknown, citation

12-46    shall be published in a newspaper of general circulation published

12-47    in the county in which the petition was filed.  If that county has

12-48    no newspaper of general circulation, citation shall be published in

12-49    a newspaper of general circulation in an adjacent county or in the

12-50    nearest county in which a newspaper of general circulation is

12-51    published.

12-52          (b)  The notice shall be published once a week for two

12-53    consecutive weeks before the hearing, but the first notice may not

12-54    be published after the 20th day before the date set for the

12-55    hearing.

12-56          Sec. 3.306.  COURT ORDER FOR MANAGEMENT, CONTROL, AND

12-57    DISPOSITION OF COMMUNITY PROPERTY.  (a)  After hearing the evidence

12-58    in a suit under this subchapter, the court, on terms the court

12-59    considers just and equitable, shall render an order describing or

12-60    defining the community property at issue that will be subject to

12-61    the management, control, and disposition of each spouse during

12-62    marriage.

12-63          (b)  The court may:

12-64                (1)  impose any condition and restriction the court

12-65    deems necessary to protect the rights of the respondent;

12-66                (2)  require a bond conditioned on the faithful

12-67    administration of the property; and

12-68                (3)  require payment to the registry of the court of

12-69    all or a portion of the proceeds of the sale of the property, to be

 13-1    disbursed in accordance with the court's further directions.

 13-2          Sec. 3.307.  CONTINUING JURISDICTION OF COURT; VACATING

 13-3    ORIGINAL ORDER.  (a)  The court has continuing jurisdiction over

 13-4    the court's order rendered under this subchapter.

 13-5          (b)  On the motion of either spouse, the court shall amend or

 13-6    vacate the original order after notice and hearing if:

 13-7                (1)  the incapacitated spouse's capacity is restored;

 13-8                (2)  the spouse who disappeared reappears;

 13-9                (3)  the abandonment or permanent separation ends; or

13-10                (4)  the spouse who was reported to be a prisoner of

13-11    war or missing on public service returns.

13-12          Sec. 3.308.  RECORDING ORDER TO AFFECT REAL PROPERTY.  An

13-13    order authorized by this subchapter affecting real property is not

13-14    constructive notice to a good faith purchaser for value or to a

13-15    creditor without actual notice unless the order is recorded in the

13-16    deed records of the county in which the real property is located.

13-17          Sec. 3.309.  REMEDIES CUMULATIVE.  The remedies provided in

13-18    this subchapter are cumulative of other rights, powers, and

13-19    remedies afforded spouses by law.

13-20          CHAPTER 4.  PREMARITAL AND MARITAL PROPERTY AGREEMENTS

13-21              SUBCHAPTER A.  UNIFORM PREMARITAL AGREEMENT ACT

13-22          Sec. 4.001.  DEFINITIONS.  In this subchapter:

13-23                (1)  "Premarital agreement" means an agreement between

13-24    prospective spouses made in contemplation of marriage and to be

13-25    effective on marriage.

13-26                (2)  "Property" means an interest, present or future,

13-27    legal or equitable, vested or contingent, in real or personal

13-28    property, including income and earnings.

13-29          Sec. 4.002.  Formalities.  A premarital agreement must be in

13-30    writing and signed by both parties.  The agreement is enforceable

13-31    without consideration.

13-32          Sec. 4.003.  Content.  (a)  The parties to a premarital

13-33    agreement may contract with respect to:

13-34                (1)  the rights and obligations of each of the parties

13-35    in any of the property of either or both of them whenever and

13-36    wherever acquired or located;

13-37                (2)  the right to buy, sell, use, transfer, exchange,

13-38    abandon, lease, consume, expend, assign, create a security interest

13-39    in, mortgage, encumber, dispose of, or otherwise manage and control

13-40    property;

13-41                (3)  the disposition of property on separation, marital

13-42    dissolution, death, or the occurrence or nonoccurrence of any other

13-43    event;

13-44                (4)  the modification or elimination of spousal

13-45    support;

13-46                (5)  the making of a will, trust, or other arrangement

13-47    to carry out the provisions of the agreement;

13-48                (6)  the ownership rights in and disposition of the

13-49    death benefit from a life insurance policy;

13-50                (7)  the choice of law governing the construction of

13-51    the agreement; and

13-52                (8)  any other matter, including their personal rights

13-53    and obligations, not in violation of public policy or a statute

13-54    imposing a criminal penalty.

13-55          (b)  The right of a child to support may not be adversely

13-56    affected by a premarital agreement.

13-57          Sec. 4.004.  Effect of Marriage.  A premarital agreement

13-58    becomes effective on marriage.

13-59          Sec. 4.005.  Amendment Or Revocation.  After marriage, a

13-60    premarital agreement may be amended or revoked only by a written

13-61    agreement signed by the parties.  The amended agreement or the

13-62    revocation is enforceable without consideration.

13-63          Sec. 4.006.  Enforcement.  (a)  A premarital agreement is not

13-64    enforceable if the party against whom enforcement is requested

13-65    proves that:

13-66                (1)  the party did not sign the agreement voluntarily;

13-67    or

13-68                (2)  the agreement was unconscionable when it was

13-69    signed and, before signing the agreement, that party:

 14-1                      (A)  was not provided a fair and reasonable

 14-2    disclosure of the property or financial obligations of the other

 14-3    party;

 14-4                      (B)  did not voluntarily and expressly waive, in

 14-5    writing, any right to disclosure of the property or financial

 14-6    obligations of the other party beyond the disclosure provided; and

 14-7                      (C)  did not have, or reasonably could not have

 14-8    had, adequate knowledge of the property or financial obligations of

 14-9    the other party.

14-10          (b)  An issue of unconscionability of a premarital agreement

14-11    shall be decided by the court as a matter of law.

14-12          (c)  The remedies and defenses in this section are the

14-13    exclusive remedies or defenses, including common law remedies or

14-14    defenses.

14-15          Sec. 4.007.  Enforcement:  Void Marriage.  If a marriage is

14-16    determined to be void, an agreement that would otherwise have been

14-17    a premarital agreement is enforceable only to the extent necessary

14-18    to avoid an inequitable result.

14-19          Sec. 4.008.  Limitation of Actions.  A statute of limitations

14-20    applicable to an action asserting a claim for relief under a

14-21    premarital agreement is tolled during the marriage of the parties

14-22    to the agreement.  However, equitable defenses limiting the time

14-23    for enforcement, including laches and estoppel, are available to

14-24    either party.

14-25          Sec. 4.009.  Application and Construction.  This subchapter

14-26    shall be applied and construed to effect its general purpose to

14-27    make uniform the law with respect to the subject of this subchapter

14-28    among states enacting these provisions.

14-29          Sec. 4.010.  Short Title.  This subchapter may be cited as

14-30    the Uniform Premarital Agreement Act.

14-31               (Sections 4.011-4.100 reserved for expansion)

14-32                 SUBCHAPTER B.  MARITAL PROPERTY AGREEMENT

14-33          Sec. 4.101.  DEFINITION.  In this subchapter, "property" has

14-34    the meaning assigned by Section 4.001.

14-35          Sec. 4.102.  Partition or Exchange of Community Property.  At

14-36    any time, the spouses may partition or exchange between themselves

14-37    any part of their community property, then existing or to be

14-38    acquired, as the spouses may desire.  Property or a property

14-39    interest transferred to a spouse by a partition or exchange

14-40    agreement becomes that spouse's separate property.

14-41          Sec. 4.103.  Agreement Between Spouses Concerning Income or

14-42    Property From Separate Property.  At any time, the spouses may

14-43    agree that the income or property arising from the separate

14-44    property that is then owned by one of them, or that may thereafter

14-45    be acquired, shall be the separate property of the owner.

14-46          Sec. 4.104.  Formalities.  A partition or exchange agreement

14-47    must be in writing and signed by both parties.

14-48          Sec. 4.105.  Enforcement.  (a)  A partition or exchange

14-49    agreement is not enforceable if the party against whom enforcement

14-50    is requested proves that:

14-51                (1)  the party did not sign the agreement voluntarily;

14-52    or

14-53                (2)  the agreement was unconscionable when it was

14-54    signed and, before execution of the agreement, that party:

14-55                      (A)  was not provided a fair and reasonable

14-56    disclosure of the property or financial obligations of the other

14-57    party;

14-58                      (B)  did not voluntarily and expressly waive, in

14-59    writing, any right to disclosure of the property or financial

14-60    obligations of the other party beyond the disclosure provided; and

14-61                      (C)  did not have, or reasonably could not have

14-62    had, adequate knowledge of the property or financial obligations of

14-63    the other party.

14-64          (b)  An issue of unconscionability of a partition or exchange

14-65    agreement shall be decided by the court as a matter of law.

14-66          (c)  The remedies and defenses in this section are the

14-67    exclusive remedies or defenses, including common law remedies or

14-68    defenses.

14-69          Sec. 4.106.  RIGHTS OF CREDITORS AND RECORDATION UNDER

 15-1    PARTITION OR EXCHANGE AGREEMENT.  (a)  A provision of a partition

 15-2    or exchange agreement made under this subchapter is void with

 15-3    respect to the rights of a preexisting creditor whose rights are

 15-4    intended to be defrauded by it.

 15-5          (b)  A partition or exchange agreement made under this

 15-6    subchapter may be recorded in the deed records of the county in

 15-7    which a party resides and in the county in which the real property

 15-8    affected is located.  An agreement made under this subchapter is

 15-9    constructive notice to a good faith purchaser for value or a

15-10    creditor without actual notice only if the instrument is

15-11    acknowledged and recorded in the county in which the real property

15-12    is located.

15-13                       CHAPTER 5.  HOMESTEAD RIGHTS

15-14              SUBCHAPTER A.  SALE OF HOMESTEAD; GENERAL RULE

15-15          Sec. 5.001.  SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD.

15-16    Whether the homestead is the separate property of either spouse or

15-17    community property, neither spouse may sell, convey, or encumber

15-18    the homestead without the joinder of the other spouse except as

15-19    provided in this chapter or by other rules of law.

15-20          Sec. 5.002.  SALE OF HOMESTEAD FOR INCAPACITATED SPOUSE.  If

15-21    the homestead is the separate property of a spouse and the other

15-22    spouse has been judicially declared incapacitated, the owner may

15-23    sell, convey, or encumber the homestead without the joinder of the

15-24    other spouse.

15-25               (Sections 5.003-5.100 reserved for expansion)

15-26       SUBCHAPTER B.  SALE OF HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES

15-27          Sec. 5.101.  SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL

15-28    CIRCUMSTANCES.  If the homestead is the separate property of a

15-29    spouse, that spouse may file a sworn petition that gives a

15-30    description of the property, states the facts that make it

15-31    desirable for the spouse to sell, convey, or encumber the homestead

15-32    without the joinder of the other spouse, and alleges that the other

15-33    spouse:

15-34                (1)  is incapacitated, whether judicially declared

15-35    incapacitated or not;

15-36                (2)  has disappeared and that the location of the

15-37    spouse remains unknown to the petitioning spouse;

15-38                (3)  has permanently abandoned the homestead and the

15-39    petitioning spouse;

15-40                (4)  has permanently abandoned the homestead and the

15-41    spouses are permanently separated; or

15-42                (5)  has been reported by an executive department of

15-43    the United States to be a prisoner of war or missing on public

15-44    service of the United States.

15-45          Sec. 5.102.  SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL

15-46    CIRCUMSTANCES.  If the homestead is the community property of the

15-47    spouses, one spouse may file a sworn petition that gives a

15-48    description of the property, states the facts that make it

15-49    desirable for the petitioning spouse to sell, convey, or encumber

15-50    the homestead without the joinder of the other spouse, and alleges

15-51    that the other spouse:

15-52                (1)  is incapacitated, whether judicially declared

15-53    incapacitated or not;

15-54                (2)  has disappeared and that the location of the

15-55    spouse remains unknown to the petitioning spouse;

15-56                (3)  has permanently abandoned the homestead and the

15-57    petitioning spouse;

15-58                (4)  has permanently abandoned the homestead and the

15-59    spouses are permanently separated; or

15-60                (5)  has been reported by an executive department of

15-61    the United States to be a prisoner of war or missing on public

15-62    service of the United States.

15-63          Sec. 5.103.  TIME FOR FILING PETITION.  The petitioning

15-64    spouse may file the petition in a court of the county in which any

15-65    portion of the property is located not earlier than the 60th day

15-66    after the date of the occurrence of an event described by Sections

15-67    5.101(1)-(4) and 5.102(1)-(4) or not less than six months after the

15-68    date the other spouse has been reported to be a prisoner of war or

15-69    missing on public service.

 16-1          Sec. 5.104.  APPOINTMENT OF ATTORNEY.  (a)  Except as

 16-2    provided by Subsection (b), the court may appoint an attorney in a

 16-3    suit filed under this subchapter for the respondent.

 16-4          (b)  The court shall appoint an attorney in a suit filed

 16-5    under this subchapter for a respondent reported to be a prisoner of

 16-6    war or missing on public service.

 16-7          (c)  The court shall allow a reasonable fee for the appointed

 16-8    attorney's services as a part of the costs of the suit.

 16-9          Sec. 5.105.  CITATION; NOTICE OF HEARING.  Citation and

16-10    notice of hearing for a suit filed as provided by this subchapter

16-11    shall be issued and served in the manner provided in Subchapter D,

16-12    Chapter 3.

16-13          Sec. 5.106.  COURT ORDER.  (a)  After notice and hearing, the

16-14    court shall render an order the court deems just and equitable with

16-15    respect to the sale, conveyance, or encumbrance of a separate

16-16    property homestead.

16-17          (b)  After hearing the evidence, the court, on terms the

16-18    court deems just and equitable, shall render an order describing or

16-19    defining the community property at issue that will be subject to

16-20    the management, control, and disposition of each spouse during

16-21    marriage.

16-22          (c)  The court may:

16-23                (1)  impose any conditions and restrictions the court

16-24    deems necessary to protect the rights of the respondent;

16-25                (2)  require a bond conditioned on the faithful

16-26    administration of the property; and

16-27                (3)  require payment to the registry of the court of

16-28    all or a portion of the proceeds of the sale of the property to be

16-29    disbursed in accordance with the court's further directions.

16-30          Sec. 5.107.  SALE OF COMMUNITY HOMESTEAD FOR SPOUSE

16-31    JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the

16-32    community property of the spouses and one spouse has been

16-33    judicially declared incapacitated, the competent spouse may sell,

16-34    convey, or encumber the homestead without the joinder of the other

16-35    spouse.

16-36          Sec. 5.108.  REMEDIES AND POWERS CUMULATIVE.  The remedies

16-37    and the powers of a spouse provided by this subchapter are

16-38    cumulative of the other rights, powers, and remedies afforded the

16-39    spouses by law.

16-40                   SUBTITLE C.  DISSOLUTION OF MARRIAGE

16-41               CHAPTER 6.  SUIT FOR DISSOLUTION OF MARRIAGE

16-42              SUBCHAPTER A.  GROUNDS FOR DIVORCE AND DEFENSES

16-43          Sec. 6.001.  INSUPPORTABILITY.  On the petition of either

16-44    party to a marriage, the court may grant a divorce without regard

16-45    to fault if the marriage has become insupportable because of

16-46    discord or conflict of personalities that destroys the legitimate

16-47    ends of the marital relationship and prevents any reasonable

16-48    expectation of reconciliation.

16-49          Sec. 6.002.  CRUELTY.  The court may grant a divorce in favor

16-50    of one spouse if the other spouse is guilty of cruel treatment

16-51    toward the complaining spouse of a nature that renders further

16-52    living together insupportable.

16-53          Sec. 6.003.  ADULTERY.  The court may grant a divorce in

16-54    favor of one spouse if the other spouse has committed adultery.

16-55          Sec. 6.004.  CONVICTION OF FELONY.  (a)  The court may grant

16-56    a divorce in favor of one spouse if during the marriage the other

16-57    spouse:

16-58                (1)  has been convicted of a felony;

16-59                (2)  has been imprisoned for at least one year in the

16-60    state penitentiary, a federal penitentiary, or the penitentiary of

16-61    another state; and

16-62                (3)  has not been pardoned.

16-63          (b)  The court may not grant a divorce under this section

16-64    against a spouse who was convicted on the testimony of the other

16-65    spouse.

16-66          Sec. 6.005.  ABANDONMENT.  The court may grant a divorce in

16-67    favor of one spouse if the other spouse:

16-68                (1)  left the complaining spouse with the intention of

16-69    abandonment; and

 17-1                (2)  remained away for at least one year.

 17-2          Sec. 6.006.  LIVING APART.  The court may grant a divorce in

 17-3    favor of either spouse if the spouses have lived apart without

 17-4    cohabitation for at least three years.

 17-5          Sec. 6.007.  CONFINEMENT IN MENTAL HOSPITAL.  The court may

 17-6    grant a divorce in favor of one spouse if at the time the suit is

 17-7    filed:

 17-8                (1)  the other spouse has been confined in a state

 17-9    mental hospital or private mental hospital, as defined in Section

17-10    571.003, Health and Safety Code, in this state or another state for

17-11    at least three years; and

17-12                (2)  it appears that the hospitalized spouse's mental

17-13    disorder is of such a degree and nature that adjustment is unlikely

17-14    or that, if adjustment occurs, a relapse is probable.

17-15          Sec. 6.008.  DEFENSES.  (a)  The defenses to a suit for

17-16    divorce of recrimination and adultery are abolished.

17-17          (b)  Condonation is a defense to a suit for divorce only if

17-18    the court finds that there is a reasonable expectation of

17-19    reconciliation.

17-20               (Sections 6.009-6.100 reserved for expansion)

17-21                   SUBCHAPTER B.  GROUNDS FOR ANNULMENT

17-22          Sec. 6.101.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 14.

17-23    (a)  The court may grant an annulment of a licensed or informal

17-24    marriage of a person under 14 years of age unless a court order has

17-25    been obtained as provided in Subchapter B, Chapter 2.

17-26          (b)  A petition for annulment under this section may be filed

17-27    by a next friend for the benefit of a person under 14 years of age

17-28    or on the petition of the parent or the judicially designated

17-29    managing conservator or guardian, whether an individual, authorized

17-30    agency, or court, of the person.

17-31          (c)  A suit by a parent, managing conservator, or guardian of

17-32    the person may be brought at any time before the person is 14 years

17-33    of age.

17-34          (d)  A suit under this section to annul the marriage of a

17-35    person 14 years of age or older that was entered into before the

17-36    person was 14 years of age is barred unless the suit is filed

17-37    within the later of:

17-38                (1)  90 days after the date the petitioner knew or

17-39    should have known of the marriage; or

17-40                (2)  90 days after the date of the 14th birthday of the

17-41    underage party.

17-42          Sec. 6.102.  ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18.

17-43    (a)  The court may grant an annulment of a licensed or informal

17-44    marriage of a person 14 years of age or older but under 18 years of

17-45    age that occurred without parental consent or without a court order

17-46    as provided by Subchapters B and E, Chapter 2.

17-47          (b)  A petition for annulment under this section may be filed

17-48    by:

17-49                (1)  a next friend for the benefit of the underage

17-50    party;

17-51                (2)  a parent; or

17-52                (3)  the judicially designated managing conservator or

17-53    guardian of the person of the underage party, whether an

17-54    individual, authorized agency, or court.

17-55          (c)  A suit filed under this subsection by a next friend is

17-56    barred unless it is filed within 90 days after the date of the

17-57    marriage.

17-58          Sec. 6.103.  UNDERAGE ANNULMENT BARRED BY ADULTHOOD.  A suit

17-59    to annul a marriage may not be filed under Section 6.101 or 6.102

17-60    by a parent, managing conservator, or guardian of a person after

17-61    the 18th birthday of the person.

17-62          Sec. 6.104.  DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE.

17-63    (a)  An annulment under Section 6.101 or 6.102 of a marriage may be

17-64    granted at the discretion of the court sitting without a jury.

17-65          (b)  In exercising its discretion, the court shall consider

17-66    the pertinent facts concerning the welfare of the parties to the

17-67    marriage, including whether the female is pregnant.

17-68          Sec. 6.105.  UNDER INFLUENCE OF ALCOHOL OR NARCOTICS.  The

17-69    court may grant an annulment of a marriage to a party to the

 18-1    marriage if:

 18-2                (1)  at the time of the marriage the petitioner was

 18-3    under the influence of alcoholic beverages or narcotics and as a

 18-4    result did not have the capacity to consent to the marriage; and

 18-5                (2)  the petitioner has not voluntarily cohabited with

 18-6    the other party to the marriage since the effects of the alcoholic

 18-7    beverages or narcotics ended.

 18-8          Sec. 6.106.  IMPOTENCY.  The court may grant an annulment of

 18-9    a marriage to a party to the marriage if:

18-10                (1)  either party, for physical or mental reasons, was

18-11    permanently impotent at the time of the marriage;

18-12                (2)  the petitioner did not know of the impotency at

18-13    the time of the marriage; and

18-14                (3)  the petitioner has not voluntarily cohabited with

18-15    the other party since learning of the impotency.

18-16          Sec. 6.107.  FRAUD, DURESS, OR FORCE.  The court may grant an

18-17    annulment of a marriage to a party to the marriage if:

18-18                (1)  the other party used fraud, duress, or force to

18-19    induce the petitioner to enter into the marriage; and

18-20                (2)  the petitioner has not voluntarily cohabited with

18-21    the other party since learning of the fraud or since being released

18-22    from the duress or force.

18-23          Sec. 6.108.  MENTAL INCAPACITY.  (a)  The court may grant an

18-24    annulment of a marriage to a party to the marriage on the suit of

18-25    the party or the party's guardian or next friend, if the court

18-26    finds it to be in the party's best interest to be represented by a

18-27    guardian or next friend, if:

18-28                (1)  at the time of the marriage the petitioner did not

18-29    have the mental capacity to consent to marriage or to understand

18-30    the nature of the marriage ceremony because of a mental disease or

18-31    defect; and

18-32                (2)  since the marriage ceremony, the petitioner has

18-33    not voluntarily cohabited with the other party during a period when

18-34    the petitioner possessed the mental capacity to recognize the

18-35    marriage relationship.

18-36          (b)  The court may grant an annulment of a marriage to a

18-37    party to the marriage if:

18-38                (1)  at the time of the marriage the other party did

18-39    not have the mental capacity to consent to marriage or to

18-40    understand the nature of the marriage ceremony because of a mental

18-41    disease or defect;

18-42                (2)  at the time of the marriage the petitioner neither

18-43    knew nor reasonably should have known of the mental disease or

18-44    defect; and

18-45                (3)  since the date the petitioner discovered or

18-46    reasonably should have discovered the mental disease or defect, the

18-47    petitioner has not voluntarily cohabited with the other party.

18-48          Sec. 6.109.  CONCEALED DIVORCE.  (a)  The court may grant an

18-49    annulment of a marriage to a party to the marriage if:

18-50                (1)  the other party was divorced from a third party

18-51    within the 30-day period preceding the date of the marriage

18-52    ceremony;

18-53                (2)  at the time of the marriage ceremony the

18-54    petitioner did not know, and a reasonably prudent person would not

18-55    have known, of the divorce; and

18-56                (3)  since the petitioner discovered or a reasonably

18-57    prudent person would have discovered the fact of the divorce, the

18-58    petitioner has not voluntarily cohabited with the other party.

18-59          (b)  A suit may not be brought under this section after the

18-60    first anniversary of the date of the marriage.

18-61          Sec. 6.110.  MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF

18-62    LICENSE.  (a)  The court may grant an annulment of a marriage to a

18-63    party to the marriage if the marriage ceremony took place in

18-64    violation of Section 2.204 during the 72-hour period immediately

18-65    following the issuance of the marriage license.

18-66          (b)  A suit may not be brought under this section after the

18-67    30th day after the date of the marriage.

18-68          Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  A marriage

18-69    subject to annulment may not be challenged in a proceeding

 19-1    instituted after the death of either party to the marriage.

 19-2               (Sections 6.112-6.200 reserved for expansion)

 19-3                 SUBCHAPTER C.  DECLARING A MARRIAGE VOID

 19-4          Sec. 6.201.  CONSANGUINITY.  A marriage is void if one party

 19-5    to the marriage is related to the other as:

 19-6                (1)  an ancestor or descendant, by blood or adoption;

 19-7                (2)  a brother or sister, of the whole or half blood or

 19-8    by adoption;

 19-9                (3)  a parent's brother or sister, of the whole or half

19-10    blood or by adoption; or

19-11                (4)  a son or daughter of a brother or sister, of the

19-12    whole or half blood or by adoption.

19-13          Sec. 6.202.  MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE.

19-14    (a)  A marriage is void if entered into when either party has an

19-15    existing marriage to another person that has not been dissolved by

19-16    legal action or terminated by the death of the other spouse.

19-17          (b)  The later marriage that is void under this section

19-18    becomes valid when the prior marriage is dissolved if, after the

19-19    date of the dissolution, the parties have lived together as husband

19-20    and wife and represented themselves to others as being married.

19-21          Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED.  Except for a

19-22    marriage that would have been void under Section 6.201, a marriage

19-23    that was entered into before January 1, 1970, in violation of the

19-24    prohibitions of Article 496, Penal Code of Texas, 1925, is

19-25    validated from the date the marriage commenced if the parties

19-26    continued until January 1, 1970, to live together as husband and

19-27    wife and to represent themselves to others as being married.

19-28               (Sections 6.204-6.300 reserved for expansion)

19-29     SUBCHAPTER D.  JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS

19-30          Sec. 6.301.  GENERAL RESIDENCY RULE FOR DIVORCE SUIT.  A suit

19-31    for divorce may not be maintained in this state unless at the time

19-32    the suit is filed either the petitioner or the respondent has been:

19-33                (1)  a domiciliary of this state for the preceding

19-34    six-month period; and

19-35                (2)  a resident of the county in which the suit is

19-36    filed for the preceding 90-day period.

19-37          Sec. 6.302.  SUIT FOR DIVORCE BY NONRESIDENT SPOUSE.  If one

19-38    spouse has been a domiciliary of this state for at least the last

19-39    six months, a spouse domiciled in another state or nation may file

19-40    a suit for divorce in the county in which the domiciliary spouse

19-41    resides at the time the petition is filed.

19-42          Sec. 6.303.  ABSENCE ON PUBLIC SERVICE.  Time spent by a

19-43    Texas domiciliary outside this state or outside the county of

19-44    residence of the domiciliary while in the service of the armed

19-45    forces or other service of the United States or of this state is

19-46    considered residence in this state and in that county.

19-47          Sec. 6.304.  ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS.

19-48    A person not previously a resident of this state who is serving in

19-49    the armed forces of the United States and has been stationed at one

19-50    or more military installations in this state for at least the last

19-51    six months and at a military installation in a county of this state

19-52    for at least the last 90 days is considered to be a Texas

19-53    domiciliary and a resident of that county for those periods for the

19-54    purpose of filing suit for dissolution of a marriage.

19-55          Sec. 6.305.  ACQUIRING JURISDICTION OVER NONRESIDENT

19-56    RESPONDENT.  (a)  If the petitioner in a suit for dissolution of a

19-57    marriage is a resident or a domiciliary of this state at the time

19-58    the suit for dissolution is filed, the court may exercise personal

19-59    jurisdiction over the respondent or over the respondent's personal

19-60    representative although the respondent is not a resident of this

19-61    state if:

19-62                (1)  this state is the last marital residence of the

19-63    petitioner and the respondent and the suit is filed before the

19-64    second anniversary of the date on which marital residence ended; or

19-65                (2)  there is any basis consistent with the

19-66    constitutions of this state and the United States for the exercise

19-67    of the personal jurisdiction.

19-68          (b)  A court acquiring jurisdiction under this section also

19-69    acquires jurisdiction over the respondent in a suit affecting the

 20-1    parent-child relationship.

 20-2          Sec. 6.306.  JURISDICTION TO ANNUL MARRIAGE.  (a)  A suit for

 20-3    annulment of a marriage may be maintained in this state only if the

 20-4    parties were married in this state or if either party is domiciled

 20-5    in this state.

 20-6          (b)  A suit for annulment is a suit in rem, affecting the

 20-7    status of the parties to the marriage.

 20-8          Sec. 6.307.  JURISDICTION TO DECLARE MARRIAGE VOID.

 20-9    (a)  Either party to a marriage made void by this chapter may sue

20-10    to have the marriage declared void, or the court may declare the

20-11    marriage void in a collateral proceeding.

20-12          (b)  The court may declare a marriage void only if:

20-13                (1)  the purported marriage was contracted in this

20-14    state; or

20-15                (2)  either party is domiciled in this state.

20-16          (c)  A suit to have a marriage declared void is a suit in

20-17    rem, affecting the status of the parties to the purported marriage.

20-18          Sec. 6.308.  EXERCISING PARTIAL JURISDICTION.  (a)  A court

20-19    in which a suit for dissolution of a marriage is filed may exercise

20-20    its jurisdiction over those portions of the suit for which it has

20-21    authority.

20-22          (b)  The court's authority to resolve the issues in

20-23    controversy between the parties may be restricted because the court

20-24    lacks:

20-25                (1)  the required personal jurisdiction over a

20-26    nonresident party in a suit for dissolution of the marriage;

20-27                (2)  the required jurisdiction under Chapter 152; or

20-28                (3)  the required jurisdiction under Chapter 159.

20-29               (Sections 6.309-6.400 reserved for expansion)

20-30                        SUBCHAPTER E.  FILING SUIT

20-31          Sec. 6.401.  CAPTION.  (a)  Pleadings in a suit for divorce

20-32    or annulment shall be styled "In the Matter of the Marriage

20-33    of ________ and ________."

20-34          (b)  Pleadings in a suit to declare a marriage void shall be

20-35    styled "A Suit To Declare Void the Marriage

20-36    of __________ and __________."

20-37          Sec. 6.402.  PLEADINGS.  (a)  A petition in a suit for

20-38    dissolution of a marriage is sufficient without the necessity of

20-39    specifying the underlying evidentiary facts if the petition alleges

20-40    the grounds relied on substantially in the language of the statute.

20-41          (b)  Allegations of grounds for relief, matters of defense,

20-42    or facts relied on for a temporary order that are stated in short

20-43    and plain terms are not subject to special exceptions because of

20-44    form or sufficiency.

20-45          (c)  The court shall strike an allegation of evidentiary fact

20-46    from the pleadings on the motion of a party or on the court's own

20-47    motion.

20-48          Sec. 6.403.  ANSWER.  The respondent in a suit for

20-49    dissolution of a marriage is not required to answer on oath or

20-50    affirmation.

20-51          Sec. 6.404.  STATEMENT ON ALTERNATE DISPUTE RESOLUTION.

20-52    (a)  A party to a proceeding under this title shall include in the

20-53    first pleading filed by the party in the proceeding the following

20-54    statement:

20-55          "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO

20-56    PROMOTE THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES

20-57    INVOLVING CHILDREN AND FAMILIES.  I AM AWARE OF ALTERNATIVE DISPUTE

20-58    RESOLUTION METHODS, INCLUDING MEDIATION. WHILE I RECOGNIZE THAT

20-59    ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A

20-60    SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT

20-61    SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH

20-62    TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE

20-63    RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."

20-64          (b)  The statement prescribed by Subsection (a) must be

20-65    printed in boldfaced type or capital letters and signed by the

20-66    party.

20-67          (c)  The statement prescribed by Subsection (a) is not

20-68    required for:

20-69                (1)  a pleading in which citation on all respondents

 21-1    entitled to service of citation is requested, issued, and given by

 21-2    publication;

 21-3                (2)  a motion or pleading that seeks a protective order

 21-4    as provided by Chapter 71; or

 21-5                (3)  a special appearance under Rule 120a, Texas Rules

 21-6    of Civil Procedure.

 21-7          Sec. 6.405.  PROTECTIVE ORDER.  (a)  The petition in a suit

 21-8    for dissolution of a marriage must state whether a protective order

 21-9    under Chapter 71 is in effect or if an application for a protective

21-10    order is pending with regard to the parties to the suit.

21-11          (b)  The petitioner shall attach to the petition a copy of

21-12    each protective order issued under Chapter 71 in which one of the

21-13    parties to the suit was the applicant and the other party was the

21-14    respondent without regard to the date of the order.  If a copy of

21-15    the protective order is not available at the time of filing, the

21-16    petition must state that a copy of the order will be filed with the

21-17    court before any hearing.

21-18          Sec. 6.406.  MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD

21-19    RELATIONSHIP.  (a)  The petition in a suit for dissolution of a

21-20    marriage shall state whether there are children born or adopted of

21-21    the marriage who are under 18 years of age or who are otherwise

21-22    entitled to support as provided by Chapter 154.

21-23          (b)  If the parties are parents of a child, as defined by

21-24    Section 101.003, and the child is not under the continuing

21-25    jurisdiction of another court as provided by Chapter 155, the suit

21-26    for dissolution of a marriage must include a suit affecting the

21-27    parent-child relationship under Title 5.

21-28          Sec. 6.407.  TRANSFER OF SUIT AFFECTING PARENT-CHILD

21-29    RELATIONSHIP TO DIVORCE COURT.  (a)  If a suit affecting the

21-30    parent-child relationship is pending at the time the suit for

21-31    dissolution of a marriage is filed, the suit affecting the

21-32    parent-child relationship shall be transferred as provided by

21-33    Section 103.002 to the court in which the suit for dissolution is

21-34    filed.

21-35          (b)  If the parties are parents of a child, as defined by

21-36    Section 101.003, and the child is under the continuing jurisdiction

21-37    of another court under Chapter 155, either party to the suit for

21-38    dissolution of a marriage may move that court for transfer of the

21-39    suit affecting the parent-child relationship to the court having

21-40    jurisdiction of the suit for dissolution.  The court with

21-41    continuing jurisdiction shall transfer the proceeding as provided

21-42    by Chapter 155.  On the transfer of the proceedings, the court with

21-43    jurisdiction of the suit for dissolution of a marriage shall

21-44    consolidate the two causes of action.

21-45          (c)  After transfer of a suit affecting the parent-child

21-46    relationship as provided in Chapter 155, the court with

21-47    jurisdiction of the suit for dissolution of a marriage has

21-48    jurisdiction to render an order in the suit affecting the

21-49    parent-child relationship as provided by Title 5.

21-50          Sec. 6.408.  SERVICE OF CITATION.  Citation on the filing of

21-51    an original petition in a suit for dissolution of a marriage shall

21-52    be issued and served as in other civil cases.  Citation may also be

21-53    served on any other person who has or who may assert an interest in

21-54    the suit for dissolution of the marriage.

21-55          Sec. 6.409.  CITATION BY PUBLICATION.  (a)  Citation in a

21-56    suit for dissolution of a marriage may be by publication as in

21-57    other civil cases, except that notice shall be published one time

21-58    only.

21-59          (b)  The notice shall be sufficient if given in substantially

21-60    the following form:

21-61                              "STATE OF TEXAS

21-62    To (name of person to be served with citation), and to all whom it

21-63    may concern (if the name of any person to be served with citation

21-64    is unknown), Respondent(s),

21-65          "You have been sued.  You may employ an attorney.  If you or

21-66    your attorney do not file a written answer with the clerk who

21-67    issued this citation by 10 a.m. on the Monday next following the

21-68    expiration of 20 days after you were served this citation and

21-69    petition, a default judgment may be taken against you.  The

 22-1    petition of ____, Petitioner, was filed in the Court

 22-2    of ____ County, Texas, on the ___ day of ____, against ____,

 22-3    Respondent(s), numbered ______, and entitled 'In the Matter of

 22-4    Marriage of ____ and ____.  The suit requests ____ (statement of

 22-5    relief sought).'

 22-6          "The Court has authority in this suit to enter any judgment

 22-7    or decree dissolving the marriage and providing for the division of

 22-8    property that will be binding on you.

 22-9          "Issued and given under my hand and seal of said Court

22-10    at ____, Texas, this

22-11    the ___ day of ____, ____.

22-12                                       "...............................

22-13                                        Clerk of the _________ Court of

22-14                                        _________________ County, Texas

22-15          By _______, Deputy."

22-16          (c)  The form authorized in this section and the form

22-17    authorized by Section 102.010 may be combined in appropriate

22-18    situations.

22-19          (d)  If the citation is for a suit in which a parent-child

22-20    relationship does not exist, service by publication may be

22-21    completed by posting the citation at the courthouse door for seven

22-22    days in the county in which the suit is filed.

22-23          (e)  If the petitioner or the petitioner's attorney of record

22-24    makes an oath that no child presently under 18 years of age was

22-25    born or adopted by the spouses and that no appreciable amount of

22-26    property was accumulated by the spouses during the marriage, the

22-27    court may dispense with the appointment of an attorney ad litem.

22-28    In a case in which citation was by publication, a statement of the

22-29    evidence, approved and signed by the judge, shall be filed with the

22-30    papers of the suit as a part of the record.

22-31               (Sections 6.410-6.500 reserved for expansion)

22-32                      SUBCHAPTER F.  TEMPORARY ORDERS

22-33          Sec. 6.501.  TEMPORARY RESTRAINING ORDER.  (a)  After the

22-34    filing of a suit for dissolution of a marriage, on the motion of a

22-35    party or on the court's own motion, the court may grant a temporary

22-36    restraining order without notice to the adverse party for the

22-37    preservation of the property and for the protection of the parties

22-38    as necessary, including an order prohibiting one or both parties

22-39    from:

22-40                (1)  intentionally communicating by telephone or in

22-41    writing with the other party by use of vulgar, profane, obscene, or

22-42    indecent language or in a coarse or offensive manner, with intent

22-43    to annoy or alarm the other;

22-44                (2)  threatening the other, by telephone or in writing,

22-45    to take unlawful action against any person, intending by this

22-46    action to annoy or alarm the other;

22-47                (3)  placing a telephone call, anonymously, at an

22-48    unreasonable hour, in an offensive and repetitious manner, or

22-49    without a legitimate purpose of communication with the intent to

22-50    annoy or alarm the other;

22-51                (4)  intentionally, knowingly, or recklessly causing

22-52    bodily injury to the other or to a child of either party;

22-53                (5)  threatening the other or a child of either party

22-54    with imminent bodily injury;

22-55                (6)  intentionally, knowingly, or recklessly

22-56    destroying, removing, concealing, encumbering, transferring, or

22-57    otherwise harming or reducing the value of the property of the

22-58    parties or either party with intent to obstruct the authority of

22-59    the court to order a division of the estate of the parties in a

22-60    manner that the court deems just and right, having due regard for

22-61    the rights of each party and any children of the marriage;

22-62                (7)  intentionally falsifying a writing or record

22-63    relating to the property of either party;

22-64                (8)  intentionally misrepresenting or refusing to

22-65    disclose to the other party or to the court, on proper request, the

22-66    existence, amount, or location of any property of the parties or

22-67    either party;

22-68                (9)  intentionally or knowingly damaging or destroying

22-69    the tangible property of the parties or either party; or

 23-1                (10)  intentionally or knowingly tampering with the

 23-2    tangible property of the parties or either party and causing

 23-3    pecuniary loss or substantial inconvenience to the other.

 23-4          (b)  A temporary restraining order under this subchapter may

 23-5    not include a provision:

 23-6                (1)  the subject of which is a requirement,

 23-7    appointment, award, or other order listed in Section 886A, Texas

 23-8    Probate Code; or

 23-9                (2)  that:

23-10                      (A)  excludes a spouse from occupancy of the

23-11    residence where that spouse is living except as provided in a

23-12    protective order made in accordance with Title 4;

23-13                      (B)  prohibits a party from spending funds for

23-14    reasonable and necessary living expenses; or

23-15                      (C)  prohibits a party from engaging in acts

23-16    reasonable and necessary to conduct that party's usual business and

23-17    occupation.

23-18          Sec. 6.502.  TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.

23-19    While a suit for dissolution of a marriage is pending and on the

23-20    motion of a party or on the court's own motion after notice and

23-21    hearing, the court may render an appropriate order, including the

23-22    granting of a temporary injunction for the preservation of the

23-23    property and protection of the parties as deemed necessary and

23-24    equitable and including an order directed to one or both parties:

23-25                (1)  requiring a sworn inventory and appraisement of

23-26    the real and personal property owned or claimed by the parties and

23-27    specifying the form, manner, and substance of the inventory and

23-28    appraisal and list of debts and liabilities;

23-29                (2)  requiring payments to be made for the support of

23-30    either spouse;

23-31                (3)  requiring the production of books, papers,

23-32    documents, and tangible things by a party;

23-33                (4)  ordering payment of reasonable attorney's fees and

23-34    expenses;

23-35                (5)  appointing a receiver for the preservation and

23-36    protection of the property of the parties;

23-37                (6)  awarding one spouse exclusive occupancy of the

23-38    residence during the pendency of the case;

23-39                (7)  prohibiting the parties, or either party, from

23-40    spending funds beyond an amount the court determines to be for

23-41    reasonable and necessary living expenses;

23-42                (8)  awarding one spouse exclusive control of a party's

23-43    usual business or occupation; or

23-44                (9)  prohibiting an act described by Section 6.501(a).

23-45          Sec. 6.503.  AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT

23-46    REQUIRED.  (a)  A temporary restraining order or temporary

23-47    injunction under this subchapter:

23-48                (1)  may be granted without an affidavit or a verified

23-49    pleading stating specific facts showing that immediate and

23-50    irreparable injury, loss, or damage will result before notice can

23-51    be served and a hearing can be held; and

23-52                (2)  need not:

23-53                      (A)  define the injury or state why it is

23-54    irreparable;

23-55                      (B)  state why the order was granted without

23-56    notice; or

23-57                      (C)  include an order setting the suit for trial

23-58    on the merits with respect to the ultimate relief sought.

23-59          (b)  In a suit for dissolution of a marriage, the court may

23-60    dispense with the issuance of a bond between the spouses in

23-61    connection with temporary orders for the protection of the parties

23-62    and their property.

23-63          Sec. 6.504.  PROTECTIVE ORDERS.  On the motion of a party to

23-64    a suit for dissolution of a marriage, the court may render a

23-65    protective order as provided by Chapter 71.

23-66          Sec. 6.505.  COUNSELING.  (a)  While a divorce suit is

23-67    pending, the court may direct the parties to counsel with a person

23-68    named by the court.

23-69          (b)  The person named by the court to counsel the parties

 24-1    shall submit a written report to the court and to the parties

 24-2    before the final hearing.  In the report, the counselor shall give

 24-3    only an opinion as to whether there exists a reasonable expectation

 24-4    of reconciliation of the parties and, if so, whether further

 24-5    counseling would be beneficial.  The sole purpose of the report is

 24-6    to aid the court in determining whether the suit for divorce should

 24-7    be continued pending further counseling.

 24-8          (c)  A copy of the report shall be furnished to each party.

 24-9          (d)  If the court believes that there is a reasonable

24-10    expectation of the parties' reconciliation, the court may by

24-11    written order continue the proceedings and direct the parties to a

24-12    person named by the court for further counseling for a period fixed

24-13    by the court not to exceed 60 days, subject to any terms,

24-14    conditions, and limitations the court considers desirable.  In

24-15    ordering counseling, the court shall consider the circumstances of

24-16    the parties, including the needs of the parties' family and the

24-17    availability of counseling services.  At the expiration of the

24-18    period specified by the court, the counselor to whom the parties

24-19    were directed shall report to the court whether the parties have

24-20    complied with the court's order.  Thereafter, the court shall

24-21    proceed as in a divorce suit generally.

24-22          Sec. 6.506.  CONTEMPT.  The violation of a temporary

24-23    restraining order, temporary injunction, or other temporary order

24-24    issued under this subchapter is punishable as contempt.

24-25          Sec. 6.507.  INTERLOCUTORY APPEAL.  An order under this

24-26    subchapter, except an order appointing a receiver, is not subject

24-27    to interlocutory appeal.

24-28               (Sections 6.508-6.600 reserved for expansion)

24-29               SUBCHAPTER G.  ALTERNATIVE DISPUTE RESOLUTION

24-30          Sec. 6.601.  ARBITRATION PROCEDURES.  (a)  On written

24-31    agreement of the parties, the court may refer a suit for

24-32    dissolution of a marriage to arbitration.  The agreement must state

24-33    whether the arbitration is binding or nonbinding.

24-34          (b)  If the parties agree to binding arbitration, the court

24-35    shall render an order reflecting the arbitrator's award.

24-36          Sec. 6.602.  MEDIATION PROCEDURES.  (a)  On the written

24-37    agreement of the parties or on the court's own motion, the court

24-38    may refer a suit for dissolution of a marriage to mediation.

24-39          (b)  A mediated settlement agreement is binding on the

24-40    parties if the agreement:

24-41                (1)  provides in a separate paragraph that the

24-42    agreement is not subject to revocation;

24-43                (2)  is signed by each party to the agreement; and

24-44                (3)  is signed by the party's attorney, if any, who is

24-45    present at the time the agreement is signed.

24-46          (c)  If a mediated settlement agreement meets the

24-47    requirements of this section, a party is entitled to judgment on

24-48    the mediated settlement agreement notwithstanding Rule 11, Texas

24-49    Rules of Civil Procedure, or another rule of law.

24-50               (Sections 6.603-6.700 reserved for expansion)

24-51                      SUBCHAPTER H.  TRIAL AND APPEAL

24-52          Sec. 6.701.  FAILURE TO ANSWER.  In a suit for divorce, the

24-53    petition may not be taken as confessed if the respondent does not

24-54    file an answer.

24-55          Sec. 6.702.  JURY.  In a suit for dissolution of a marriage,

24-56    either party may demand a jury trial unless the action is a suit to

24-57    annul an underage marriage under Section 6.101 or 6.102.

24-58          Sec. 6.703.  TESTIMONY OF HUSBAND OR WIFE.  (a)  In a suit

24-59    for dissolution of a marriage, the husband and wife are competent

24-60    witnesses for and against each other.  A spouse may not be

24-61    compelled to testify as to a matter that will incriminate the

24-62    spouse.

24-63          (b)  If the husband or wife testifies, the court or jury

24-64    trying the case shall determine the credibility of the witness and

24-65    the weight to be given the witness's testimony.

24-66          Sec. 6.704.  TESTIMONY BY MARRIAGE COUNSELOR.  (a)  The

24-67    report by the person named by the court to counsel the parties to a

24-68    suit for divorce may not be admitted as evidence in the suit.

24-69          (b)  The person named by the court to counsel the parties is

 25-1    not competent to testify in any suit involving the parties or their

 25-2    children.

 25-3          (c)  The files, records, and other work products of the

 25-4    counselor are privileged and confidential for all purposes and may

 25-5    not be admitted as evidence in any suit involving the parties or

 25-6    their children.

 25-7          Sec. 6.705.  CHANGE OF NAME.  (a)  In a decree of divorce or

 25-8    annulment, the court shall change the name of a party specifically

 25-9    requesting the change to a name previously used by the party unless

25-10    the court states in the decree a reason for denying the change of

25-11    name.

25-12          (b)  The court may not deny a change of name solely to keep

25-13    the last name of family members the same.

25-14          (c)  A change of name does not release a person from

25-15    liability incurred by the person under a previous name or defeat a

25-16    right the person held under a previous name.

25-17          (d)  A person whose name is changed under this section may

25-18    apply for a change of name certificate from the clerk of the court

25-19    as provided by Section 45.106.

25-20          Sec. 6.706.  TRANSFERS AND DEBTS PENDING DECREE.  (a)  A

25-21    transfer of real or personal community property or a debt incurred

25-22    by a spouse while a suit for divorce or annulment is pending that

25-23    subjects the other spouse or the community property to liability is

25-24    void with respect to the other spouse if the transfer was made or

25-25    the debt incurred with the intent to injure the rights of the other

25-26    spouse.

25-27          (b)  A transfer or debt is not void if the person dealing

25-28    with the transferor or debtor spouse did not have notice of the

25-29    intent to injure the rights of the other spouse.

25-30          (c)  The spouse seeking to void a transfer or debt incurred

25-31    while a suit for divorce or annulment is pending has the burden of

25-32    proving that the person dealing with the transferor or debtor

25-33    spouse had notice of the intent to injure the rights of the spouse

25-34    seeking to void the transaction.

25-35          Sec. 6.707.  COSTS.  (a)  In a suit for dissolution of a

25-36    marriage, the court as it considers reasonable may award costs to a

25-37    party.  Costs may not be adjudged against a party against whom a

25-38    divorce is granted for confinement in a mental hospital under

25-39    Section 6.007.

25-40          (b)  The expenses of counseling may be taxed as costs against

25-41    either or both parties.

25-42          Sec. 6.708.  TEMPORARY ORDERS DURING APPEAL.  (a)  Not later

25-43    than the 30th day after the date an appeal is perfected, on the

25-44    motion of a party or on the court's own motion, after notice and

25-45    hearing, the trial court may render a temporary order necessary for

25-46    the preservation of the property and for the protection of the

25-47    parties during the appeal, including an order to:

25-48                (1)  require the support of either spouse;

25-49                (2)  require the payment of reasonable attorney's fees

25-50    and expenses;

25-51                (3)  appoint a receiver for the preservation and

25-52    protection of the property of the parties; or

25-53                (4)  award one spouse exclusive occupancy of the

25-54    parties' residence pending the appeal.

25-55          (b)  The trial court retains jurisdiction to enforce a

25-56    temporary order under this section unless the appellate court, on a

25-57    proper showing, supersedes the trial court's order.

25-58               (Sections 6.709-6.800 reserved for expansion)

25-59                         SUBCHAPTER I.  REMARRIAGE

25-60          Sec. 6.801.  REMARRIAGE.  (a)  Except as otherwise provided

25-61    by this subchapter, neither party to a divorce may marry a third

25-62    party before the 31st day after the date the divorce is decreed.

25-63          (b)  The former spouses may marry each other at any time.

25-64          Sec. 6.802.  WAIVER OF PROHIBITION AGAINST REMARRIAGE.  For

25-65    good cause shown the court may waive the prohibition against

25-66    remarriage provided by this subchapter as to either or both spouses

25-67    if a record of the proceedings is made and preserved or if findings

25-68    of fact and conclusions of law are filed by the court.

 26-1                   CHAPTER 7.  AWARD OF MARITAL PROPERTY

 26-2          Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  In a decree

 26-3    of divorce or annulment, the court shall order a division of the

 26-4    estate of the parties in a manner that the court deems just and

 26-5    right, having due regard for the rights of each party and any

 26-6    children of the marriage.

 26-7          Sec. 7.002.  DIVISION OF PROPERTY UNDER SPECIAL

 26-8    CIRCUMSTANCES.  In addition to the division of the estate of the

 26-9    parties required by Section 7.001, in a decree of divorce or

26-10    annulment the court shall order a division of the following real

26-11    and personal property, wherever situated, in a manner that the

26-12    court deems just and right, having due regard for the rights of

26-13    each party and any children of the marriage:

26-14                (1)  property that was acquired by either spouse while

26-15    domiciled in another state and that would have been community

26-16    property if the spouse who acquired the property had been domiciled

26-17    in this state at the time of the acquisition; or

26-18                (2)  property that was acquired by either spouse in

26-19    exchange for real or personal property and that would have been

26-20    community property if the spouse who acquired the property so

26-21    exchanged had been domiciled in this state at the time of its

26-22    acquisition.

26-23          Sec. 7.003.  DISPOSITION OF RETIREMENT AND EMPLOYMENT

26-24    BENEFITS AND OTHER PLANS.  In a decree of divorce or annulment, the

26-25    court shall determine the rights of both spouses in a pension,

26-26    retirement plan, annuity, individual retirement account, employee

26-27    stock option plan, stock option, or other form of savings, bonus,

26-28    profit-sharing, or other employer plan or financial plan of an

26-29    employee or a participant, regardless of whether the person is

26-30    self-employed, in the nature of compensation or savings.

26-31          Sec. 7.004.  DISPOSITION OF RIGHTS IN INSURANCE.  In a decree

26-32    of divorce or annulment, the court shall specifically divide or

26-33    award the rights of each spouse in an insurance policy.

26-34          Sec. 7.005.  INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.

26-35    (a)  If in a decree of divorce or annulment the court does not

26-36    specifically award all of the rights of the spouses in an insurance

26-37    policy other than life insurance in effect at the time the decree

26-38    is rendered, the policy remains in effect until the policy expires

26-39    according to the policy's own terms.

26-40          (b)  The proceeds of a valid claim under the policy are

26-41    payable as follows:

26-42                (1)  if the interest in the property insured was

26-43    awarded solely to one former spouse by the decree, to that former

26-44    spouse;

26-45                (2)  if an interest in the property insured was awarded

26-46    to each former spouse, to those former spouses in proportion to the

26-47    interests awarded; or

26-48                (3)  if the insurance coverage is directly related to

26-49    the person of one of the former spouses, to that former spouse.

26-50          (c)  The failure of either former spouse to change the

26-51    endorsement on the policy to reflect the distribution of proceeds

26-52    established by this section does not relieve the insurer of

26-53    liability to pay the proceeds or any other obligation on the

26-54    policy.

26-55          (d)  This section does not affect the right of a former

26-56    spouse to assert an ownership interest in an undivided life

26-57    insurance policy, as provided by Subchapter D, Chapter 9.

26-58          Sec. 7.006.  AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.

26-59    (a)  To promote amicable settlement of disputes in a suit for

26-60    divorce or annulment, the spouses may enter into a written

26-61    agreement concerning the division of the property and the

26-62    liabilities of the spouses and maintenance of either spouse.  The

26-63    agreement may be revised or repudiated before rendition of the

26-64    divorce or annulment unless the agreement is binding under another

26-65    rule of law.

26-66          (b)  If the court finds that the terms of the written

26-67    agreement in a divorce or annulment are just and right, those terms

26-68    are binding on the court.  If the court approves the agreement, the

26-69    court may set forth the agreement in full or incorporate the

 27-1    agreement by reference in the final decree.

 27-2          (c)  If the court finds that the terms of the written

 27-3    agreement in a divorce or annulment are not just and right, the

 27-4    court may request the spouses to submit a revised agreement or may

 27-5    set the case for a contested hearing.

 27-6                          CHAPTER 8.  MAINTENANCE

 27-7          Sec. 8.001.  DEFINITION.  In this chapter, "maintenance"

 27-8    means an award in a suit for dissolution of a marriage of periodic

 27-9    payments from the future income of one spouse for the support of

27-10    the other spouse.

27-11          Sec. 8.002.  Eligibility for Maintenance.  In a suit for

27-12    dissolution of a marriage or in a proceeding for maintenance in a

27-13    court with personal jurisdiction over both former spouses following

27-14    the dissolution of their marriage by a court that lacked personal

27-15    jurisdiction over an absent spouse, the court may order maintenance

27-16    for either spouse only if:

27-17                (1)  the spouse from whom maintenance is requested was

27-18    convicted of or received deferred adjudication for a criminal

27-19    offense that also constitutes an act of family violence under

27-20    Chapter 71 and the offense occurred:

27-21                      (A)  within two years before the date on which a

27-22    suit for dissolution of the marriage is filed; or

27-23                      (B)  while the suit is pending; or

27-24                (2)  the duration of the marriage was 10 years or

27-25    longer, the spouse seeking maintenance lacks sufficient property,

27-26    including property distributed to the spouse under this code, to

27-27    provide for the spouse's minimum reasonable needs, as limited by

27-28    Section 8.005, and the spouse seeking maintenance:

27-29                      (A)  is unable to support himself or herself

27-30    through appropriate employment because of an incapacitating

27-31    physical or mental disability;

27-32                      (B)  is the custodian of a child who requires

27-33    substantial care and personal supervision because a physical or

27-34    mental disability makes it necessary, taking into consideration the

27-35    needs of the child, that the spouse not be employed outside the

27-36    home; or

27-37                      (C)  clearly lacks earning ability in the labor

27-38    market adequate to provide support for the spouse's minimum

27-39    reasonable needs, as limited by Section 8.005.

27-40          Sec. 8.003.  Factors in Determining Maintenance.  A court

27-41    that determines that a spouse is eligible to receive maintenance

27-42    under this chapter shall determine the nature, amount, duration,

27-43    and manner of periodic payments by considering all relevant

27-44    factors, including:

27-45                (1)  the financial resources of the spouse seeking

27-46    maintenance, including the community and separate property and

27-47    liabilities apportioned to that spouse in the dissolution

27-48    proceeding, and that spouse's ability to meet the spouse's needs

27-49    independently;

27-50                (2)  the education and employment skills of the

27-51    spouses, the time necessary to acquire sufficient education or

27-52    training to enable the spouse seeking maintenance to find

27-53    appropriate employment, the availability of that education or

27-54    training, and the feasibility of that education or training;

27-55                (3)  the duration of the marriage;

27-56                (4)  the age, employment history, earning ability, and

27-57    physical and emotional condition of the spouse seeking maintenance;

27-58                (5)  the ability of the spouse from whom maintenance is

27-59    requested to meet that spouse's personal needs and to provide

27-60    periodic child support payments, if applicable, while meeting the

27-61    personal needs of the spouse seeking maintenance;

27-62                (6)  acts by either spouse resulting in excessive or

27-63    abnormal expenditures or destruction, concealment, or fraudulent

27-64    disposition of community property, joint tenancy, or other property

27-65    held in common;

27-66                (7)  the comparative financial resources of the

27-67    spouses, including medical, retirement, insurance, or other

27-68    benefits, and the separate property of each spouse;

27-69                (8)  the contribution by one spouse to the education,

 28-1    training, or increased earning power of the other spouse;

 28-2                (9)  the property brought to the marriage by either

 28-3    spouse;

 28-4                (10)  the contribution of a spouse as homemaker;

 28-5                (11)  marital misconduct of the spouse seeking

 28-6    maintenance; and

 28-7                (12)  the efforts of the spouse seeking maintenance to

 28-8    pursue available employment counseling as provided by Chapter 304,

 28-9    Labor Code.

28-10          Sec. 8.004.  Presumption.  (a)  Except as provided by

28-11    Subsection (b), it is presumed that maintenance is not warranted

28-12    unless the spouse seeking maintenance has exercised diligence in:

28-13                (1)  seeking suitable employment; or

28-14                (2)  developing the necessary skills to become

28-15    self-supporting during a period of separation and during the time

28-16    the suit for dissolution of the marriage is pending.

28-17          (b)  This section does not apply to a spouse who is not able

28-18    to satisfy the presumption in Subsection (a) because of an

28-19    incapacitating physical or mental disability.

28-20          Sec. 8.005.  Duration of Maintenance Order.  (a)  Except as

28-21    provided by Subsection (b), a court:

28-22                (1)  may not order maintenance that remains in effect

28-23    for more than three years after the date of the order; and

28-24                (2)  shall limit the duration of a maintenance order to

28-25    the shortest reasonable period that allows the spouse seeking

28-26    maintenance to meet the spouse's minimum reasonable needs by

28-27    obtaining appropriate employment or developing an appropriate

28-28    skill, unless the ability of the spouse to provide for the spouse's

28-29    minimum reasonable needs through employment is substantially or

28-30    totally diminished because of:

28-31                      (A)  physical or mental disability;

28-32                      (B)  duties as the custodian of an infant or

28-33    young child; or

28-34                      (C)  another compelling impediment to gainful

28-35    employment.

28-36          (b)  If a spouse seeking maintenance is unable to support

28-37    himself or herself through appropriate employment because of an

28-38    incapacitating physical or mental disability, the court may order

28-39    maintenance for an indefinite period for as long as the disability

28-40    continues.  The court may order periodic review of its order, on

28-41    the request of either party or on its own motion, to determine

28-42    whether the disability is continuing.  The continuation of spousal

28-43    maintenance under these circumstances is subject to a motion to

28-44    modify as provided by Section 8.008.

28-45          Sec. 8.006.  Amount of Maintenance.  (a)  A court may not

28-46    order maintenance that requires a spouse to pay monthly more than

28-47    the lesser of:

28-48                (1)  $2,500; or

28-49                (2)  20 percent of the spouse's average monthly gross

28-50    income.

28-51          (b)  The court shall set the amount that a spouse is required

28-52    to pay in a maintenance order to provide for the minimum reasonable

28-53    needs of the spouse receiving the maintenance under the order,

28-54    considering employment or property received in the dissolution of

28-55    the marriage or otherwise owned by the spouse receiving the

28-56    maintenance that contributes to the minimum reasonable needs of

28-57    that spouse.

28-58          (c)  Department of Veterans Affairs service-connected

28-59    disability compensation, social security benefits and disability

28-60    benefits, and workers' compensation benefits are excluded from

28-61    maintenance.

28-62          Sec. 8.007.  Termination.  (a)  The obligation to pay future

28-63    maintenance terminates on the death of either party or on the

28-64    remarriage of the party receiving maintenance.

28-65          (b)  After a hearing, the court shall terminate the

28-66    maintenance order if the party receiving maintenance cohabits with

28-67    another person in a permanent place of abode on a continuing,

28-68    conjugal basis.

28-69          Sec. 8.008.  Modification of Maintenance Order.  (a)  The

 29-1    amount of maintenance specified in a court order or the portion of

 29-2    a decree that provides for the support of a former spouse may be

 29-3    reduced by the filing of a motion in the court that originally

 29-4    rendered the order.  A party affected by the order or the portion

 29-5    of the decree to be modified may file the motion.

 29-6          (b)  Notice of a motion to modify maintenance and the

 29-7    response, if any, are governed by the Texas Rules of Civil

 29-8    Procedure applicable to the filing of an original lawsuit.  Notice

 29-9    must be given by service of citation, and a response must be in the

29-10    form of an answer due on or before 10 a.m. of the first Monday

29-11    after 20 days after the date of service.  A court shall set a

29-12    hearing on the motion in the manner provided by Rule 245, Texas

29-13    Rules of Civil Procedure.

29-14          (c)  After a hearing, the court may modify an original or

29-15    modified order or portion of a decree providing for maintenance on

29-16    a proper showing of a material and substantial change in

29-17    circumstances of either party.  The court shall apply the

29-18    modification only to payment accruing after the filing of the

29-19    motion to modify.

29-20          (d)  A loss of employment or circumstances that render a

29-21    former spouse unable to support himself or herself through

29-22    appropriate employment by reason of incapacitating physical or

29-23    mental disability that occur after the divorce or annulment are not

29-24    grounds for the institution of spousal maintenance for the benefit

29-25    of the former spouse.

29-26          Sec. 8.009.  Enforcement of Maintenance Order.  (a)  The

29-27    court may enforce by contempt the court's maintenance order or an

29-28    agreement for the payment of maintenance voluntarily entered into

29-29    between the parties and approved by the court.

29-30          (b)  On the suit to enforce of a party entitled to receive

29-31    maintenance payments, the court may render judgment against a

29-32    defaulting party for an amount unpaid and owing after notice by

29-33    service of citation, answer, if any, and a hearing finding that the

29-34    defaulting party has failed or refused to carry out the terms of

29-35    the order.  The judgment may be enforced by any means available for

29-36    the enforcement of judgment for debts.

29-37          (c)  It is an affirmative defense to an allegation of

29-38    contempt of court or the violation of a condition of probation

29-39    requiring payment of court-ordered maintenance that the obligor:

29-40                (1)  lacked the ability to provide maintenance in the

29-41    amount ordered;

29-42                (2)  lacked property that could be sold, mortgaged, or

29-43    otherwise pledged to raise the funds needed;

29-44                (3)  attempted unsuccessfully to borrow the needed

29-45    funds; and

29-46                (4)  did not know of a source from which the money

29-47    could have been borrowed or otherwise legally obtained.

29-48          (d)  The issue of the existence of an affirmative defense

29-49    does not arise unless evidence is admitted supporting the defense.

29-50    If the issue of the existence of an affirmative defense arises, an

29-51    obligor must prove the affirmative defense by a preponderance of

29-52    the evidence.

29-53          Sec. 8.010.  Putative Spouse.  In a suit to declare a

29-54    marriage void, a putative spouse who did not have knowledge of an

29-55    existing impediment to a valid marriage may be awarded maintenance

29-56    if otherwise qualified to receive maintenance under this chapter.

29-57          Sec. 8.011.  Unmarried Cohabitants.  An order for maintenance

29-58    is not authorized between unmarried cohabitants under any

29-59    circumstances.

29-60                    CHAPTER 9.  POST-DECREE PROCEEDINGS

29-61                   SUBCHAPTER A.  SUIT TO ENFORCE DECREE

29-62          Sec. 9.001.  ENFORCEMENT OF DECREE.  (a)  A party affected by

29-63    a decree of divorce or annulment providing for a division of

29-64    property as provided by Chapter 7 may request enforcement of that

29-65    decree by filing a suit to enforce as provided by this chapter in

29-66    the court that rendered the decree.

29-67          (b)  Except as otherwise provided in this chapter, a suit to

29-68    enforce shall be governed by the Texas Rules of Civil Procedure

29-69    applicable to the filing of an original lawsuit.

 30-1          (c)  A party whose rights, duties, powers, or liabilities may

 30-2    be affected by the suit to enforce is entitled to receive notice by

 30-3    citation and shall be commanded to appear by filing a written

 30-4    answer.  Thereafter, the proceedings shall be as in civil cases

 30-5    generally.

 30-6          Sec. 9.002.  CONTINUING AUTHORITY TO ENFORCE DECREE.  The

 30-7    court that rendered the decree of divorce or annulment retains the

 30-8    power to enforce the property division as provided by Chapter 7.

 30-9          Sec. 9.003.  FILING DEADLINES.  (a)  A suit to enforce the

30-10    division of tangible personal property in existence at the time of

30-11    the decree of divorce or annulment must be filed before the second

30-12    anniversary of the date the decree was signed or becomes final

30-13    after appeal, whichever date is later, or the suit is barred.

30-14          (b)  A suit to enforce the division of future property not in

30-15    existence at the time of the original decree must be filed before

30-16    the second anniversary of the date the right to the property

30-17    matures or accrues or the decree becomes final, whichever date is

30-18    later, or the suit is barred.

30-19          Sec. 9.004.  APPLICABILITY TO UNDIVIDED PROPERTY.  The

30-20    procedures and limitations of this subchapter do not apply to

30-21    existing property not divided on divorce, which are governed by

30-22    Subchapter C and by the rules applicable to civil cases generally.

30-23          Sec. 9.005.  NO JURY.  A party may not demand a jury trial if

30-24    the procedures to enforce a decree of divorce or annulment provided

30-25    by this subchapter are invoked.

30-26          Sec. 9.006.  ENFORCEMENT OF DIVISION OF PROPERTY.

30-27    (a)  Except as provided by this subchapter and by the Texas Rules

30-28    of Civil Procedure, the court may render further orders to enforce

30-29    the division of property made in the decree of divorce or annulment

30-30    to assist in the implementation of or to clarify the prior order.

30-31          (b)  The court may specify more precisely the manner of

30-32    effecting the property division previously made if the substantive

30-33    division of property is not altered or changed.

30-34          (c)  An order of enforcement does not alter or affect the

30-35    finality of the decree of divorce or annulment being enforced.

30-36          Sec. 9.007.  LIMITATION ON POWER OF COURT TO ENFORCE.  (a)  A

30-37    court may not amend, modify, alter, or change the division of

30-38    property made or approved in the decree of divorce or annulment.

30-39    An order to enforce the division is limited to an order to assist

30-40    in the implementation of or to clarify the prior order and may not

30-41    alter or change the substantive division of property.

30-42          (b)  An order under this section that amends, modifies,

30-43    alters, or changes the actual, substantive division of property

30-44    made or approved in a final decree of divorce or annulment is

30-45    beyond the power of the divorce court and is unenforceable.

30-46          (c)  The power of the court to render further orders to

30-47    assist in the implementation of or to clarify the property division

30-48    is abated while an appellate proceeding is pending.

30-49          Sec. 9.008.  CLARIFICATION ORDER.  (a)  On the request of a

30-50    party or on the court's own motion, the court may render a

30-51    clarifying order before a motion for contempt is made or heard, in

30-52    conjunction with a motion for contempt or on denial of a motion for

30-53    contempt.

30-54          (b)  On a finding by the court that the original form of the

30-55    division of property is not specific enough to be enforceable by

30-56    contempt, the court may render a clarifying order setting forth

30-57    specific terms to enforce compliance with the original division of

30-58    property.

30-59          (c)  The court may not give retroactive effect to a

30-60    clarifying order.

30-61          (d)  The court shall provide a reasonable time for compliance

30-62    before enforcing a clarifying order by contempt or in another

30-63    manner.

30-64          Sec. 9.009.  DELIVERY OF PROPERTY.  To enforce the division

30-65    of property made in a decree of divorce or annulment, the court may

30-66    make an order to deliver the specific existing property awarded,

30-67    without regard to whether the property is of especial value,

30-68    including an award of an existing sum of money or its equivalent.

30-69          Sec. 9.010.  REDUCTION TO MONEY JUDGMENT.  (a)  If a party

 31-1    fails to comply with a decree of divorce or annulment and delivery

 31-2    of property awarded in the decree is no longer an adequate remedy,

 31-3    the court may render a money judgment for the damages caused by

 31-4    that failure to comply.

 31-5          (b)  If a party did not receive payments of money as awarded

 31-6    in the decree of divorce or annulment, the court may render

 31-7    judgment against a defaulting party for the amount of unpaid

 31-8    payments to which the party is entitled.

 31-9          (c)  The remedy of a reduction to money judgment is in

31-10    addition to the other remedies provided by law.

31-11          (d)  A money judgment rendered under this section may be

31-12    enforced by any means available for the enforcement of judgment for

31-13    debt.

31-14          Sec. 9.011.  RIGHT TO FUTURE PROPERTY.  (a)  The court may,

31-15    by any remedy provided by this chapter, enforce an award of the

31-16    right to receive installment payments or a lump-sum payment due on

31-17    the maturation of an existing vested or nonvested right to be paid

31-18    in the future.

31-19          (b)  The subsequent actual receipt by the non-owning party of

31-20    property awarded to the owner in a decree of divorce or annulment

31-21    creates a fiduciary obligation in favor of the owner and imposes a

31-22    constructive trust on the property for the benefit of the owner.

31-23          Sec. 9.012.  CONTEMPT.  (a)  The court may enforce by

31-24    contempt an order requiring delivery of specific property or an

31-25    award of a right to future property.

31-26          (b)  The court may not enforce by contempt an award in a

31-27    decree of divorce or annulment of a sum of money payable in a lump

31-28    sum or in future installment payments in the nature of debt, except

31-29    for:

31-30                (1)  a sum of money in existence at the time the decree

31-31    was rendered; or

31-32                (2)  a matured right to future payments as provided by

31-33    Section 9.011.

31-34          (c)  This subchapter does not detract from or limit the

31-35    general power of a court to enforce an order of the court by

31-36    appropriate means.

31-37          Sec. 9.013.  COSTS.  The court may award costs in a

31-38    proceeding to enforce a property division under this subchapter as

31-39    in other civil cases.

31-40          Sec. 9.014.  ATTORNEY'S FEES.  The court may award reasonable

31-41    attorney's fees as costs in a proceeding under this subchapter.

31-42    The court may order the attorney's fees to be paid directly to the

31-43    attorney, who may enforce the order for fees in the attorney's own

31-44    name by any means available for the enforcement of a judgment for

31-45    debt.

31-46               (Sections 9.015-9.100 reserved for expansion)

31-47       SUBCHAPTER B.  POST-DECREE QUALIFIED DOMESTIC RELATIONS ORDER

31-48          Sec. 9.101.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS

31-49    ORDER.  (a)  Notwithstanding any other provision of this chapter,

31-50    the court that rendered a final decree of divorce or annulment or

31-51    another final order dividing property under this title retains

31-52    continuing, exclusive jurisdiction to render an enforceable

31-53    qualified domestic relations order or similar order permitting

31-54    payment of pension, retirement plan, or other employee benefits

31-55    divisible under the law of this state or of the United States to an

31-56    alternate payee or other lawful payee.

31-57          (b)  Unless prohibited by federal law, a suit seeking a

31-58    qualified domestic relations order or similar order under this

31-59    section applies to a previously divided pension, retirement plan,

31-60    or other employee benefit divisible under the law of this state or

31-61    of the United States, whether the plan or benefit is private,

31-62    state, or federal.

31-63          Sec. 9.102.  PROCEDURE.  (a)  A party to a decree of divorce

31-64    or annulment may petition the court for a qualified domestic

31-65    relations order or similar order.

31-66          (b)  Except as otherwise provided by this code, a petition

31-67    under this subchapter is governed by the Texas Rules of Civil

31-68    Procedure that apply to the filing of an original lawsuit.

31-69          (c)  Each party whose rights may be affected by the petition

 32-1    is entitled to receive notice by citation and shall be commanded to

 32-2    appear by filing a written answer.

 32-3          (d)  The proceedings shall be conducted in the same manner as

 32-4    civil cases generally.

 32-5          Sec. 9.103.  PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC

 32-6    RELATIONS ORDER.  A party may petition a court to render a

 32-7    qualified domestic relations order or similar order if the court

 32-8    that rendered a final decree of divorce or annulment or another

 32-9    final order dividing property under this chapter did not provide a

32-10    qualified domestic relations order or similar order permitting

32-11    payment of benefits to an alternate payee or other lawful payee.

32-12          Sec. 9.104.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a

32-13    plan administrator or other person acting in an equivalent capacity

32-14    determines that a domestic relations order does not satisfy the

32-15    requirements of a qualified domestic relations order or similar

32-16    order, the court retains continuing, exclusive jurisdiction over

32-17    the parties and their property to the extent necessary to render a

32-18    qualified domestic relations order.

32-19          Sec. 9.105.  LIBERAL CONSTRUCTION.  The court shall liberally

32-20    construe this subchapter to effect payment of retirement benefits

32-21    that were divided by a previous decree that failed to contain a

32-22    qualified domestic relations order or similar order or that

32-23    contained an order that failed to meet the requirements of a

32-24    qualified domestic relations order or similar order.

32-25               (Sections 9.106-9.200 reserved for expansion)

32-26              SUBCHAPTER C.  POST-DECREE DIVISION OF PROPERTY

32-27          Sec. 9.201.  PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT

32-28    DIVIDED ON DIVORCE OR ANNULMENT.  (a)  Either former spouse may

32-29    file a suit as provided by this subchapter to divide property not

32-30    divided or awarded to a spouse in a final decree of divorce or

32-31    annulment.

32-32          (b)  Except as otherwise provided by this subchapter, the

32-33    suit is governed by the Texas Rules of Civil Procedure applicable

32-34    to the filing of an original lawsuit.

32-35          Sec. 9.202.  LIMITATIONS.  (a)  A suit under this subchapter

32-36    must be filed before the second anniversary of the date a former

32-37    spouse unequivocally repudiates the existence of the ownership

32-38    interest of the other former spouse and communicates that

32-39    repudiation to the other former spouse.

32-40          (b)  The two-year limitations period is tolled for the period

32-41    that a court of this state does not have jurisdiction over the

32-42    former spouses or over the property.

32-43          Sec. 9.203.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

32-44    HAD JURISDICTION.  (a)  If a court of this state failed to dispose

32-45    of property subject to division in a final decree of divorce or

32-46    annulment even though the court had jurisdiction over the spouses

32-47    or over the property, the court shall divide the property in a

32-48    manner that the court deems just and right, having due regard for

32-49    the rights of each party and any children of the marriage.

32-50          (b)  If a final decree of divorce or annulment rendered by a

32-51    court in another state failed to dispose of property subject to

32-52    division under the law of that state even though the court had

32-53    jurisdiction to do so, a court of this state shall apply the law of

32-54    the other state regarding undivided property as required by Section

32-55    1, Article IV, United States Constitution (the full faith and

32-56    credit clause), and enabling federal statutes.

32-57          Sec. 9.204.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT

32-58    LACKED JURISDICTION.  (a)  If a court of this state failed to

32-59    dispose of property subject to division in a final decree of

32-60    divorce or annulment because the court lacked jurisdiction over a

32-61    spouse or the property, and if that court subsequently acquires the

32-62    requisite jurisdiction, that court may divide the property in a

32-63    manner that the court deems just and right, having due regard for

32-64    the rights of each party and any children of the marriage.

32-65          (b)  If a final decree of divorce or annulment rendered by a

32-66    court in another state failed to dispose of property subject to

32-67    division under the law of that state because the court lacked

32-68    jurisdiction over a spouse or the property, and if a court of this

32-69    state subsequently acquires the requisite jurisdiction over the

 33-1    former spouses or over the property, the court in this state may

 33-2    divide the property in a manner that the court deems just and

 33-3    right, having due regard for the rights of each party and any

 33-4    children of the marriage.

 33-5          Sec. 9.205.  ATTORNEY'S FEES.  In a proceeding to divide

 33-6    property previously undivided in a decree of divorce or annulment

 33-7    as provided by this subchapter, the court may award reasonable

 33-8    attorney's fees as costs.  The court may order the attorney's fees

 33-9    to be paid directly to the attorney, who may enforce the order in

33-10    the attorney's own name by any means available for the enforcement

33-11    of a judgment for debt.

33-12               (Sections 9.206-9.300 reserved for expansion)

33-13        SUBCHAPTER D.  DISPOSITION OF UNDIVIDED BENEFICIAL INTEREST

33-14          Sec. 9.301.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

33-15    BENEFICIARY OF LIFE INSURANCE.  (a)  If a decree of divorce or

33-16    annulment is rendered after an insured has designated the insured's

33-17    spouse as a beneficiary under a life insurance policy in force at

33-18    the time of rendition, a provision in the policy in favor of the

33-19    insured's former spouse is not effective unless:

33-20                (1)  the decree designates the insured's former spouse

33-21    as the beneficiary;

33-22                (2)  the insured redesignates the former spouse as the

33-23    beneficiary after rendition of the decree; or

33-24                (3)  the former spouse is designated to receive the

33-25    proceeds in trust for, on behalf of, or for the benefit of a child

33-26    or a dependent of either former spouse.

33-27          (b)  If a designation is not effective under Subsection (a),

33-28    the proceeds of the policy are payable to the named alternative

33-29    beneficiary or, if there is not a named alternative beneficiary, to

33-30    the estate of the insured.

33-31          (c)  An insurer who pays the proceeds of a life insurance

33-32    policy issued by the insurer to the beneficiary under a designation

33-33    that is not effective under Subsection (a) is liable for payment of

33-34    the proceeds to the person or estate provided by Subsection (b)

33-35    only if:

33-36                (1)  before payment of the proceeds to the designated

33-37    beneficiary, the insurer receives written notice at the home office

33-38    of the insurer from an interested person that the designation is

33-39    not effective under Subsection (a); and

33-40                (2)  the insurer has not interpleaded the proceeds into

33-41    the registry of a court of competent jurisdiction in accordance

33-42    with the Texas Rules of Civil Procedure.

33-43          Sec. 9.302.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS

33-44    BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.

33-45    (a)  If a decree of divorce or annulment is rendered after a

33-46    spouse, acting in the capacity of a participant, annuitant, or

33-47    account holder, has designated the other spouse as a beneficiary

33-48    under an individual retirement account, employee stock option plan,

33-49    stock option, or other form of savings, bonus, profit-sharing, or

33-50    other employer plan or financial plan of an employee or a

33-51    participant in force at the time of rendition, the designating

33-52    provision in the plan in favor of the other former spouse is not

33-53    effective unless:

33-54                (1)  the decree designates the other former spouse as

33-55    the beneficiary;

33-56                (2)  the designating former spouse redesignates the

33-57    other former spouse as the beneficiary after rendition of the

33-58    decree; or

33-59                (3)  the other former spouse is designated to receive

33-60    the proceeds or benefits in trust for, on behalf of, or for the

33-61    benefit of a child or dependent of either former spouse.

33-62          (b)  If a designation is not effective under Subsection (a),

33-63    the benefits or proceeds are payable to the named alternative

33-64    beneficiary or, if there is not a named alternative beneficiary, to

33-65    the designating former spouse.

33-66          (c)  A business entity, employer, pension trust, insurer,

33-67    financial institution, or other person obligated to pay retirement

33-68    benefits or proceeds of a financial plan covered by this section

33-69    who pays the benefits or proceeds to the beneficiary under a

 34-1    designation of the other former spouse that is not effective under

 34-2    Subsection (a) is liable for payment of the benefits or proceeds to

 34-3    the person provided by Subsection (b) only if:

 34-4                (1)  before payment of the benefits or proceeds to the

 34-5    designated beneficiary, the payor receives written notice at the

 34-6    home office or principal office of the payor from an interested

 34-7    person that the designation of the beneficiary or fiduciary is not

 34-8    effective under Subsection (a); and

 34-9                (2)  the payor has not interpleaded the benefits or

34-10    proceeds into the registry of a court of competent jurisdiction in

34-11    accordance with the Texas Rules of Civil Procedure.

34-12          (d)  This section does not affect the right of a former

34-13    spouse to assert an ownership interest in an undivided pension,

34-14    retirement, annuity, or other financial plan described by this

34-15    section as provided by this subchapter.

34-16          (e)  This section does not apply to the disposition of a

34-17    beneficial interest in a retirement benefit or other financial plan

34-18    of a public retirement system as defined by Section 802.001,

34-19    Government Code.

34-20          SECTION 2.  Subpart D, Part 5, Chapter XIII, Texas Probate

34-21    Code, is amended by adding Sections 886 through 886F to read as

34-22    follows:

34-23          Sec. 886.  APPOINTMENT OF RECEIVER.  (a)  If any of the

34-24    separate property of a person reported to be a prisoner of war or

34-25    missing in action by the United States Department of Defense

34-26    appears to be in danger of injury, loss, or waste and in need of a

34-27    representative, a district judge of the county in which the person

34-28    reported to be a prisoner of war or missing in action or the spouse

34-29    of the person resides or where the endangered separate property is

34-30    located may by order, with or without application, appoint a

34-31    suitable person as receiver to take charge of the endangered

34-32    separate property.

34-33          (b)  The order must include a requirement that the receiver

34-34    post bond as in ordinary receiverships in a sum the judge considers

34-35    necessary to protect the separate property and shall specify the

34-36    duties and powers of the receiver as the judge considers necessary

34-37    for the protection, conservation, and preservation of the separate

34-38    property.

34-39          (c)  The clerk shall enter the order in the minutes of the

34-40    court, and the person appointed shall post bond for submission to

34-41    the judge for approval.  On approval by the judge, the bond shall

34-42    be filed with the clerk.

34-43          (d)  The receiver shall take charge of the endangered

34-44    separate property under the duties and powers provided by the order

34-45    of appointment and by subsequent orders as the judge shall make.

34-46          Sec. 886A.  EXPENDITURES BY RECEIVER.  If during the

34-47    receivership under Section 886 of this code the needs of the spouse

34-48    or dependent children of the person reported to be a prisoner of

34-49    war or missing in action require the use of the income or corpus of

34-50    the estate for education, clothing, or subsistence, the judge may,

34-51    with or without application, by order entered in the minutes of the

34-52    court, appropriate an amount of the income or corpus sufficient for

34-53    that purpose.  The income or corpus shall be used by the receiver

34-54    to pay claims for education, clothing, or subsistence that are

34-55    presented to the judge and approved and ordered to be paid.

34-56          Sec. 886B.  INVESTMENTS, LOANS, AND CONTRIBUTIONS BY

34-57    RECEIVER.  If during the receivership under Section 886 of this

34-58    code the receiver has on hand an amount of money belonging to the

34-59    person reported to be a prisoner of war or missing in action in

34-60    excess of the amount needed for current necessities and expenses,

34-61    the receiver may, under direction of the judge, invest, lend, or

34-62    contribute all or a part of the excess money in the manner provided

34-63    by this chapter for investments, loans, or contributions by

34-64    guardians.  The receiver shall report to the judge all transactions

34-65    involving excess money in the manner that reports are required of

34-66    guardians.

34-67          Sec. 886C.  RECEIVER'S EXPENSES, ACCOUNT, AND COMPENSATION.

34-68    (a)  All necessary expenses incurred by the receiver in

34-69    administering the property may be reported monthly to the judge by

 35-1    a sworn statement of account, including a report of:

 35-2                (1)  the receiver's acts;

 35-3                (2)  the condition of the property;

 35-4                (3)  the status of the threatened danger to the

 35-5    property; and

 35-6                (4)  the progress made toward abatement of the

 35-7    threatened danger.

 35-8          (b)  If the judge is satisfied that the statement is correct

 35-9    and reasonable in all respects, the judge shall promptly by order

35-10    approve the report and authorize the reimbursement of the receiver

35-11    from the funds under the receiver's control.

35-12          (c)  For official services rendered, the receiver is entitled

35-13    to be compensated in the same manner and amount as is provided by

35-14    this chapter for similar services rendered by guardians of estates.

35-15          Sec. 886D.  CLOSING RECEIVERSHIP.  When the threatened danger

35-16    has abated and the separate property is no longer liable to injury,

35-17    loss, or waste for the lack of a representative, the receiver

35-18    shall:

35-19                (1)  report to the judge; and

35-20                (2)  file with the clerk a full and final sworn account

35-21    of:

35-22                      (A)  all property received by the receiver;

35-23                      (B)  all sums paid out;

35-24                      (C)  all acts performed by the receiver with

35-25    respect to the property; and

35-26                      (D)  all property remaining in the receiver's

35-27    control.

35-28          Sec. 886E.  ACTION OF JUDGE.  (a)  If on hearing the report

35-29    and account the judge is satisfied that the danger of injury, loss,

35-30    or waste has abated and that the report and account are correct,

35-31    the judge shall render an order so finding and shall direct the

35-32    receiver to deliver the property to the person from whom the

35-33    receiver took possession as receiver, to the person who was

35-34    reported to be a prisoner of war or missing in action, or to

35-35    another person the judge finds to be entitled to possession of the

35-36    estate.  The person to whom the property is delivered shall execute

35-37    and file with the clerk an appropriate receipt for the property

35-38    delivered.

35-39          (b)  The order of the judge shall discharge the receiver and

35-40    the receiver's sureties.

35-41          (c)  If the judge is not satisfied that the danger has

35-42    abated, or is not satisfied with the report and account, the judge

35-43    shall render an order continuing the receivership in  effect until

35-44    the judge is so satisfied.

35-45          Sec. 886F.  RECORDATION OF PROCEEDINGS.  All orders, bonds,

35-46    reports, accounts, and notices in the receivership proceedings

35-47    shall be recorded in the minutes of the court.

35-48          SECTION 3.  Title 1, Family Code, as that title existed

35-49    before the effective date of this Act, is repealed.

35-50          SECTION 4.  The change in law made by this Act does not

35-51    affect a proceeding under the Family Code pending on the effective

35-52    date of this Act.  A proceeding pending on the effective date of

35-53    this Act is governed by the law in effect at the time the

35-54    proceeding was commenced, and the former law is continued in effect

35-55    for that purpose.

35-56          SECTION 5.  The importance of this legislation and the

35-57    crowded condition of the calendars in both houses create an

35-58    emergency and an imperative public necessity that the

35-59    constitutional rule requiring bills to be read on three several

35-60    days in each house be suspended, and this rule is hereby suspended,

35-61    and that this Act take effect and be in force from and after its

35-62    passage, and it is so enacted.

35-63                                 * * * * *