By Reyna of Bexar H.B. No. 2688
76R2002 SMJ-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a temporary order in a suit affecting the parent-child
1-3 relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 105.001(b) and (d), Family Code, are
1-6 amended to read as follows:
1-7 (b) Except as provided by Subsection (c), temporary
1-8 restraining orders and temporary injunctions under this section
1-9 shall be granted without the necessity of an affidavit or verified
1-10 pleading stating specific facts showing that immediate and
1-11 irreparable injury, loss, or damage will result before notice can
1-12 be served and a hearing can be held. Except as provided by
1-13 Subsection (h), an order may not be rendered under Subsection
1-14 (a)(1), (2), or (5) except after notice and a hearing. A temporary
1-15 restraining order or temporary injunction granted under this
1-16 section need not:
1-17 (1) define the injury or state why it is irreparable;
1-18 [or]
1-19 (2) state why the order was granted without notice; or
1-20 (3) include an order setting the cause for trial on
1-21 the merits with respect to the ultimate relief requested.
1-22 (d) In a suit, the court may dispense with the necessity
1-23 of[:]
1-24 [(1)] a bond in connection with temporary orders on
2-1 [in] behalf of the child[; and]
2-2 [(2) setting the cause for trial on the merits with
2-3 respect to the ultimate relief requested].
2-4 SECTION 2. This Act takes effect September 1, 1999, and
2-5 applies to a suit affecting the parent-child relationship without
2-6 regard to whether the suit was commenced before, on, or after the
2-7 effective date of this Act.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.