By Goodman H.B. No. 596
77R1238 JMM-F
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. Subchapter A, Chapter 156, Family Code, is
2-3 amended by adding Section 156.007 to read as follows:
2-4 Sec. 156.007. MODIFICATION OF ORDER ON CONVICTION FOR CHILD
2-5 ABUSE; PENALTY. (a) The conviction of a conservator, or an order
2-6 deferring adjudication with regard to the conservator, for an
2-7 offense involving the abuse of a child under Section 21.11, 22.011,
2-8 or 22.021, Penal Code, is a material and substantial change of
2-9 circumstances sufficient to justify a temporary order and
2-10 modification of an existing court order or portion of a decree that
2-11 provides for the appointment of a conservator or sets the terms and
2-12 conditions for the possession of or access to a child.
2-13 (b) A person commits an offense if the person files a motion
2-14 to modify an order or portion of a decree based on the grounds
2-15 permitted under Subsection (a) and the person knows that the person
2-16 against whom the motion is filed has not been convicted of an
2-17 offense, or received deferred adjudication for an offense, under
2-18 Section 21.11, 22.011, or 22.021, Penal Code. An offense under
2-19 this subsection is a Class B misdemeanor.
2-20 SECTION 3. The heading for Subchapter B, Chapter 156, Family
2-21 Code, is amended to read as follows:
2-22 SUBCHAPTER B. MODIFICATION OF [SOLE MANAGING] CONSERVATORSHIP,
2-23 POSSESSION AND ACCESS, OR DETERMINATION OF RESIDENCE
2-24 SECTION 4. Section 156.101, Family Code, is amended to read
2-25 as follows:
2-26 Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER ESTABLISHING
2-27 [SOLE MANAGING] CONSERVATORSHIP OR POSSESSION AND ACCESS. [(a)]
3-1 The court may modify an order or portion of a decree that provides
3-2 for the appointment of a [designates a sole managing] conservator
3-3 of a child, that provides the terms and conditions of
3-4 conservatorship, or that provides for the possession of or access
3-5 to a child [of any age] if modification would be in the best
3-6 interest of the child and:
3-7 (1) the circumstances of the child, a [sole managing]
3-8 conservator, [possessory conservator,] or other party affected by
3-9 the order have materially and substantially changed since the date
3-10 of the rendition of the order; or [and]
3-11 (2) the child is at least 10 years of age and has
3-12 filed with the court, in writing, the name of the conservator who
3-13 is the child's preference to have the exclusive right to determine
3-14 the primary residence of [the appointment of the new sole managing
3-15 conservator would be a positive improvement for] the child.
3-16 [(b) The court may modify an order that designates a sole
3-17 managing conservator of a child 10 years of age or older if:]
3-18 [(1) the child has filed with the court in writing the
3-19 name of the person who is the child's choice for managing
3-20 conservator; and]
3-21 [(2) the court finds that the appointment of the named
3-22 person is in the best interest of the child.]
3-23 SECTION 5. Section 156.102, Family Code, is amended to read
3-24 as follows:
3-25 Sec. 156.102. MODIFICATION OF EXCLUSIVE RIGHT TO DETERMINE
3-26 PRIMARY RESIDENCE OF CHILD [SOLE MANAGING CONSERVATORSHIP] WITHIN
3-27 ONE YEAR OF ORDER. (a) If a suit seeking to modify the designation
4-1 of the person having the exclusive right to determine the primary
4-2 residence of a child [sole managing conservatorship] is filed not
4-3 later than one year after the date of rendition of the order, the
4-4 person filing the suit shall execute and attach an affidavit as
4-5 provided by Subsection (b).
4-6 (b) The affidavit must contain, along with supporting facts,
4-7 at least one of the following allegations:
4-8 (1) that the child's present environment may endanger
4-9 the child's physical health or significantly impair the child's
4-10 emotional development;
4-11 (2) that the person who has the exclusive right to
4-12 determine the primary residence of the child [sole managing
4-13 conservator] is the person seeking or consenting to the
4-14 modification and the modification is in the best interest of the
4-15 child; or
4-16 (3) that the person who has the exclusive right to
4-17 determine the primary residence of the child [child's sole managing
4-18 conservator] has voluntarily relinquished the primary [actual]
4-19 care[, control,] and possession of the child for at least [not less
4-20 than] six months and the modification is in the best interest of
4-21 the child.
4-22 (c) The court shall deny the relief sought and refuse to
4-23 schedule a hearing for modification under this section unless the
4-24 court determines, on the basis of the affidavit, that facts
4-25 adequate to support an allegation listed in Subsection (b) are
4-26 stated in the affidavit. If the court determines that the facts
4-27 stated are adequate to support an allegation, the court shall set a
5-1 time and place for the hearing.
5-2 SECTION 6. Section 156.409, Family Code, is amended to read
5-3 as follows:
5-4 Sec. 156.409. CHANGE IN PHYSICAL POSSESSION. If the sole
5-5 managing conservator of a child or the joint managing conservator
5-6 who has the exclusive right to determine [designates] the [child's]
5-7 primary residence of the child has voluntarily relinquished the
5-8 primary [actual] care[, control,] and possession of the child to
5-9 another person for at least six months, the court may modify an
5-10 order providing for the support of the child to provide that the
5-11 other person having physical possession of the child shall have the
5-12 right to receive and give receipt for payments of support for the
5-13 child and to hold or disburse money for the benefit of the child.
5-14 SECTION 7. The following are repealed:
5-15 (1) Sections 156.103-156.105, Family Code; and
5-16 (2) Subchapters C and D, Chapter 156, Family Code.
5-17 SECTION 8. This Act takes effect September 1, 2001, and
5-18 applies to an action to modify an order in a suit affecting the
5-19 parent-child relationship pending on that date or filed on or after
5-20 that date.