1-1     By:  Harris                                           S.B. No. 1192
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Jurisprudence;
 1-4     March 23, 1999, reported favorably by the following vote:  Yeas 5,
 1-5     Nays 0; March 23, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to providing notice of a violation before filing certain
 1-9     suits relating to interference with a possessory interest in a
1-10     child.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 42.007, Family Code, is amended to read
1-13     as follows:
1-14           Sec. 42.007.  AFFIRMATIVE DEFENSE.   The defendant may plead
1-15     as an affirmative defense that[:]
1-16                 [(1)]  the defendant acted in violation of the order
1-17     with the express consent of the plaintiff[; or]
1-18                 [(2)  after receiving notice of an alleged violation,
1-19     the defendant promptly and fully complied with the order].
1-20           SECTION 2.  Section 42.004, Family Code, is repealed.
1-21           SECTION 3.  This Act takes effect September 1, 1999, and
1-22     applies only to a suit for interference with a possessory interest
1-23     in a child that is pending on or filed on or after that date.
1-24           SECTION 4.  The importance of this legislation and the
1-25     crowded condition of the calendars in both houses create an
1-26     emergency and an imperative public necessity that the
1-27     constitutional rule requiring bills to be read on three several
1-28     days in each house be suspended, and this rule is hereby suspended.
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