Amend HB 1132 by adding the following appropriately numbered
SECTIONS to the bill and renumbering the existing SECTIONS of the
bill appropriately:
SECTION 21. Section 3.301, Family Code, is amended to read as
follows:
Sec. 3.301. <INCAPACITATED,> MISSING, ABANDONED, OR
SEPARATED SPOUSE. (a) A spouse may file a sworn petition stating
the facts that make it desirable for the petitioning spouse to
manage, control, and dispose of community property described or
defined in the petition that would otherwise be subject to the sole
or joint management, control, and disposition of the other spouse
if:
(1) <because of physical or mental incapacity, the
other spouse is unable to manage, control, or dispose of the
community property subject to that spouse's sole or joint
management, control, and disposition;>
<(2)> the other spouse has disappeared and that
spouse's location remains unknown to the petitioning spouse, unless
the spouse is reported to be a prisoner of war or missing on public
service;
(2) <(3)> the other spouse has permanently abandoned
the petitioning spouse; or
(3) <(4)> the spouses are permanently separated.
(b) The petition may be filed in a court in the county in
which the petitioner resided at the time the <incapacity or>
separation began, or the abandonment or disappearance occurred, not
earlier than the 60th day after the date of the occurrence of the
event. If both spouses are nonresidents of this state at the time
the petition is filed, the petition may be filed in a court in a
county in which any part of the described or defined community
property is located.
SECTION 22. Section 3.307(b), Family Code, is amended to read
as follows:
(b) On the motion of either spouse, the court shall amend or
vacate the original order after notice and hearing if:
(1) <the incapacitated spouse's capacity is restored;>
<(2)> the spouse who disappeared reappears;
(2) <(3)> the abandonment or permanent separation
ends; or
(3) <(4)> the spouse who was reported to be a prisoner
of war or missing on public service returns.
SECTION 23. Section 5.002, Family Code, is amended to read as
follows:
Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER <FOR
INCAPACITATED> SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the
homestead is the separate property of a spouse and the other spouse
has been judicially declared incapacitated by a court exercising
original jurisdiction over guardianship and other matters under
Chapter XIII, Texas Probate Code, the owner may sell, convey, or
encumber the homestead without the joinder of the other spouse.
SECTION 24. Section 5.101, Family Code, is amended to read as
follows:
Sec. 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL
CIRCUMSTANCES. If the homestead is the separate property of a
spouse, that spouse may file a sworn petition that gives a
description of the property, states the facts that make it
desirable for the spouse to sell, convey, or encumber the homestead
without the joinder of the other spouse, and alleges that the other
spouse:
(1) <is incapacitated, whether judicially declared
incapacitated or not;>
<(2)> has disappeared and that the location of the
spouse remains unknown to the petitioning spouse;
(2) <(3)> has permanently abandoned the homestead and
the petitioning spouse;
(3) <(4)> has permanently abandoned the homestead and
the spouses are permanently separated; or
(4) <(5)> has been reported by an executive department
of the United States to be a prisoner of war or missing on public
service of the United States.
SECTION 25. Section 5.102, Family Code, is amended to read as
follows:
Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL
CIRCUMSTANCES. If the homestead is the community property of the
spouses, one spouse may file a sworn petition that gives a
description of the property, states the facts that make it
desirable for the petitioning spouse to sell, convey, or encumber
the homestead without the joinder of the other spouse, and alleges
that the other spouse:
(1) <is incapacitated, whether judicially declared
incapacitated or not;>
<(2)> has disappeared and that the location of the
spouse remains unknown to the petitioning spouse;
(2) <(3)> has permanently abandoned the homestead and
the petitioning spouse;
(3) <(4)> has permanently abandoned the homestead and
the spouses are permanently separated; or
(4) <(5)> has been reported by an executive department
of the United States to be a prisoner of war or missing on public
service of the United States.
SECTION 26. Section 5.103, Family Code, is amended to read as
follows:
Sec. 5.103. TIME FOR FILING PETITION. The petitioning spouse
may file the petition in a court of the county in which any portion
of the property is located not earlier than the 60th day after the
date of the occurrence of an event described by Sections
5.101(1)-(3) <5.101(1)-(4)> and 5.102(1)-(3) <5.102(1)-(4)> or not
less than six months after the date the other spouse had been
reported to be a prisoner of war or missing on public service.
SECTION 27. Section 5.107, Family Code, is redesignated as
Section 5.003, Family Code, and amended to read as follows:
Sec. 5.003 <5.107>. SALE OF COMMUNITY HOMESTEAD AFTER <FOR>
SPOUSE JUDICIALLY DECLARED INCAPACITATED. If the homestead is the
community property of the spouses and one spouse has been
judicially declared incapacitated by a court exercising original
jurisdiction over guardianship and other matters under Chapter
XIII, Texas Probate Code, the competent spouse may sell, convey, or
encumber the homestead without the joinder of the other spouse.
SECTION 28. The change in law made by this Act to Sections
3.301, 3.307(b), 5.101, 5.102, and 5.103, Family Code, applies only
to a proceeding in which an original petition is filed on or after
the effective date of this Act. A proceeding in which the original
petition was filed before the effective date of this Act is
governed by the law in effect on the date the petition was filed,
and the former law is continued in effect for that purpose.