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.