77R8315 JMM-F
By Goodman H.B. No. 596
Substitute the following for H.B. No. 596:
By Naishtat C.S.H.B. No. 596
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the modification of an order in a suit affecting the
1-3 parent-child relationship; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 156.006(b), Family Code, is amended to
1-6 read as follows:
1-7 (b) While a suit for modification is pending, the court may
1-8 not render a temporary order that has the effect of changing the
1-9 designation of the person who has the exclusive right to determine
1-10 the primary residence of the child under the [a sole or joint
1-11 managing conservator appointed in a] final order unless:
1-12 (1) the order is necessary because the child's present
1-13 living environment may endanger the child's physical health or
1-14 significantly impair the child's emotional development;
1-15 (2) the person designated in the final order [child's
1-16 managing conservator] has voluntarily relinquished the primary
1-17 [actual] care[, control,] and possession of the child for more than
1-18 six months and the temporary order is in the best interest of the
1-19 child; or
1-20 (3) the child is 10 years of age or older and has
1-21 filed with the court in writing the name of the person who is the
1-22 child's preference to have the exclusive right to determine the
1-23 primary residence of the child [choice for managing conservator]
1-24 and the temporary order designating [naming] that person [as
2-1 managing conservator] is in the best interest of the child.
2-2 SECTION 2. The heading for Subchapter B, Chapter 156, Family
2-3 Code, is amended to read as follows:
2-4 SUBCHAPTER B. MODIFICATION OF [SOLE MANAGING] CONSERVATORSHIP,
2-5 POSSESSION AND ACCESS, OR DETERMINATION OF RESIDENCE
2-6 SECTION 3. Section 156.101, Family Code, is amended to read
2-7 as follows:
2-8 Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER ESTABLISHING
2-9 [SOLE MANAGING] CONSERVATORSHIP OR POSSESSION AND ACCESS. [(a)]
2-10 The court may modify an order or portion of a decree that provides
2-11 for the appointment of a [designates a sole managing] conservator
2-12 of a child, that provides the terms and conditions of
2-13 conservatorship, or that provides for the possession of or access
2-14 to a child [of any age] if modification would be in the best
2-15 interest of the child and:
2-16 (1) the circumstances of the child, a [sole managing]
2-17 conservator, [possessory conservator,] or other party affected by
2-18 the order have materially and substantially changed since the date
2-19 of the rendition of the order; [and]
2-20 (2) the child is at least 10 years of age and has
2-21 filed with the court, in writing, the name of the conservator who
2-22 is the child's preference to have the exclusive right to determine
2-23 the primary residence of [the appointment of the new sole managing
2-24 conservator would be a positive improvement for] the child; or
2-25 (3) the conservator who has the exclusive right to
2-26 establish the primary residence of the child has voluntarily
2-27 relinquished the primary care and possession of the child to
3-1 another person for at least six months.
3-2 [(b) The court may modify an order that designates a sole
3-3 managing conservator of a child 10 years of age or older if:]
3-4 [(1) the child has filed with the court in writing the
3-5 name of the person who is the child's choice for managing
3-6 conservator; and]
3-7 [(2) the court finds that the appointment of the named
3-8 person is in the best interest of the child.]
3-9 SECTION 4. Section 156.102, Family Code, is amended to read
3-10 as follows:
3-11 Sec. 156.102. MODIFICATION OF EXCLUSIVE RIGHT TO DETERMINE
3-12 PRIMARY RESIDENCE OF CHILD [SOLE MANAGING CONSERVATORSHIP] WITHIN
3-13 ONE YEAR OF ORDER. (a) If a suit seeking to modify the designation
3-14 of the person having the exclusive right to determine the primary
3-15 residence of a child [sole managing conservatorship] is filed not
3-16 later than one year after the date of rendition of the order, the
3-17 person filing the suit shall execute and attach an affidavit as
3-18 provided by Subsection (b).
3-19 (b) The affidavit must contain, along with supporting facts,
3-20 at least one of the following allegations:
3-21 (1) that the child's present environment may endanger
3-22 the child's physical health or significantly impair the child's
3-23 emotional development;
3-24 (2) that the person who has the exclusive right to
3-25 determine the primary residence of the child [sole managing
3-26 conservator] is the person seeking or consenting to the
3-27 modification and the modification is in the best interest of the
4-1 child; or
4-2 (3) that the person who has the exclusive right to
4-3 determine the primary residence of the child [child's sole managing
4-4 conservator] has voluntarily relinquished the primary [actual]
4-5 care[, control,] and possession of the child for at least [not less
4-6 than] six months and the modification is in the best interest of
4-7 the child.
4-8 (c) The court shall deny the relief sought and refuse to
4-9 schedule a hearing for modification under this section unless the
4-10 court determines, on the basis of the affidavit, that facts
4-11 adequate to support an allegation listed in Subsection (b) are
4-12 stated in the affidavit. If the court determines that the facts
4-13 stated are adequate to support an allegation, the court shall set a
4-14 time and place for the hearing.
4-15 SECTION 5. Section 156.103, Family Code, is amended to read
4-16 as follows:
4-17 Sec. 156.103. INCREASED EXPENSES BECAUSE OF CHANGE OF
4-18 RESIDENCE. (a) If a change of residence results in increased
4-19 expenses for a party having possession of or access to a child, the
4-20 court may render appropriate orders to allocate those increased
4-21 expenses on a fair and equitable basis, taking into account the
4-22 cause of the increased expenses and the best interest of the child.
4-23 (b) The payment of increased expenses by the party whose
4-24 residence is changed is rebuttably presumed to be in the best
4-25 interest of the child.
4-26 (c) The court may render an order without regard to whether
4-27 another change in the terms and conditions for the possession of or
5-1 access to the child is made. [VOLUNTARY RELINQUISHMENT. The court
5-2 may modify an order that designates a sole managing conservator if
5-3 the sole managing conservator has voluntarily relinquished actual
5-4 care, control, and possession of the child for a period of not less
5-5 than six months and the modification is in the best interest of the
5-6 child.]
5-7 SECTION 6. Section 156.104, Family Code, is amended to read
5-8 as follows:
5-9 Sec. 156.104. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
5-10 ABUSE; PENALTY. (a) The conviction of a conservator, or an order
5-11 deferring adjudication with regard to the conservator, for an
5-12 offense involving the abuse of a child under Section 21.11, 22.011,
5-13 or 22.021, Penal Code, is a material and substantial change of
5-14 circumstances sufficient to justify a temporary order and
5-15 modification of an existing court order or portion of a decree that
5-16 provides for the appointment of a conservator or that sets the
5-17 terms and conditions of conservatorship or for the possession of or
5-18 access to a child.
5-19 (b) A person commits an offense if the person files a suit
5-20 to modify an order or portion of a decree based on the grounds
5-21 permitted under Subsection (a) and the person knows that the person
5-22 against whom the motion is filed has not been convicted of an
5-23 offense, or received deferred adjudication for an offense, under
5-24 Section 21.11, 22.011, or 22.021, Penal Code. An offense under
5-25 this subsection is a Class B misdemeanor. [MODIFICATION FROM SOLE
5-26 MANAGING CONSERVATORSHIP TO JOINT MANAGING CONSERVATORSHIP. (a)
5-27 The court may modify an order that designates a sole managing
6-1 conservator if a parent of the child requests appointment as a
6-2 joint managing conservator and the court finds that:]
6-3 [(1) the circumstances of the child or the sole
6-4 managing conservator have materially and substantially changed
6-5 since the rendition of the order;]
6-6 [(2) retention of a sole managing conservatorship
6-7 would be detrimental to the welfare of the child; and]
6-8 [(3) the appointment of the parent as a joint managing
6-9 conservator would be a positive improvement for and in the best
6-10 interest of the child.]
6-11 [(b) An order of joint conservatorship, in and of itself,
6-12 does not constitute grounds for modifying a support order.]
6-13 SECTION 7. Section 156.409, Family Code, is amended to read
6-14 as follows:
6-15 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. If the sole
6-16 managing conservator of a child or the joint managing conservator
6-17 who has the exclusive right to determine [designates] the [child's]
6-18 primary residence of the child has voluntarily relinquished the
6-19 primary [actual] care[, control,] and possession of the child to
6-20 another person for at least six months, the court may modify an
6-21 order providing for the support of the child to provide that the
6-22 other person having physical possession of the child shall have the
6-23 right to receive and give receipt for payments of support for the
6-24 child and to hold or disburse money for the benefit of the child.
6-25 SECTION 8. The following are repealed:
6-26 (1) Section 156.105, Family Code; and
6-27 (2) Subchapters C and D, Chapter 156, Family Code.
7-1 SECTION 9. This Act takes effect September 1, 2001, and
7-2 applies to an action to modify an order in a suit affecting the
7-3 parent-child relationship pending on that date or filed on or after
7-4 that date.