AN ACT
1-1 relating to providing notice of a violation before filing certain
1-2 suits relating to interference with a possessory interest in a
1-3 child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.007, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead
1-8 as an affirmative defense that[:]
1-9 [(1)] the defendant acted in violation of the order
1-10 with the express consent of the plaintiff[; or]
1-11 [(2) after receiving notice of an alleged violation,
1-12 the defendant promptly and fully complied with the order].
1-13 SECTION 2. Section 42.004, Family Code, is repealed.
1-14 SECTION 3. This Act takes effect September 1, 1999, and
1-15 applies only to a suit for interference with a possessory interest
1-16 in a child that is pending on or filed on or after that date.
1-17 SECTION 4. The importance of this legislation and the
1-18 crowded condition of the calendars in both houses create an
1-19 emergency and an imperative public necessity that the
1-20 constitutional rule requiring bills to be read on three several
1-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1192 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1192 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor