Amend CSHB 260 as follows:
(1) On page 1, between lines 3 and 4, add the following appropriately numbered SECTION and renumber subsequent SECTIONS of
the bill accordingly:
SECTION __. Chapter 81, Family Code, is amended by adding
Section 81.009 to read as follows:
Sec. 81.009. APPEAL. (a) A protective order rendered under
this subtitle is a final, appealable order.
(b) An appeal of a protective order rendered under this
subtitle, with or without a supersedeas bond, does not suspend the
order. The court that rendered the protective order retains
jurisdiction to enforce the order until the appellate court
supersedes the order.
(c) On the motion of a party or on the court's own motion,
the appellate court in its opinion may identify the parties by
fictitious names or by the parties' initials only.
(2) On page 3, between lines 22 and 23, add the following
appropriately numbered SECTION and renumber subsequent SECTIONS of
the bill accordingly:
SECTION ____. Section 153.0071, Family Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) Notwithstanding Subsections (d) and (e), a court may
decline to enter a judgment on a mediated settlement agreement if
the court finds that:
(1) a party to the agreement was a victim of family
violence, and that circumstance impaired the party's ability to
make decisions; and
(2) the agreement is not in the child's best interest.
(3) On page 12, between lines 17 and 18, add the following
appropriately numbered SECTIONS and renumber subsequent SECTIONS
of the bill accordingly:
SECTION ____. Sections 156.401(a) and (d), Family Code, are
amended to read as follows:
(a) Except as provided by Subsection (b), the court may
modify an order that provides for the support of a child if[:
[(1)] the circumstances of the child or a person
affected by the order have materially and substantially changed
since the earlier of:
(1) [(A)] the date of the order's rendition; or
(2) [(B)] the date of the signing of a mediated or
collaborative law settlement agreement on which the order is
based[; or
[(2) it has been three years since the order was rendered or
last modified and the monthly amount of the child support award
under the order differs by either 20 percent or $100 from the amount
that would be awarded in accordance with the child support
guidelines].
(d) Release of a child support obligor from incarceration is
a material and substantial change in circumstances for purposes of
Subsection (a) [(a)(1)] if the obligor's child support obligation
was abated, reduced, or suspended during the period of the
obligor's incarceration.
SECTION ____. Sections 156.410(a) and (c), Family Code, are
amended to read as follows:
(a) For purposes of Section 156.401(a) [156.401(a)(1)], the
fact that an obligor has been called into active military service in
any branch of the United States armed forces is a material and
substantial change in circumstances if that active military
service:
(1) is for at least 30 consecutive days; and
(2) results in a decrease in the obligor's net
resources during the period of service.
(c) Return of the obligor from the active military service
described by Subsection (a) is a material and substantial change in
circumstances for purposes of Section 156.401(a) [156.401(a)(1)]
for which an obligee may file a motion for modification of a child
support order if the court previously modified the order on the
grounds described by Subsection (a).
(4) On page 13, between lines 16 and 17, add the following
appropriately numbered SECTION and renumber subsequent SECTIONS of
the bill accordingly:
SECTION ____. Section 81.009, Family Code, as added by this
Act, applies only to a protective order rendered on or after the
effective date of this Act. A protective order rendered before the
effective date of this Act is governed by the law in effect on the
date the order was rendered, and the former law is continued in
effect for that purpose.
(5) On page 13, line 24, strike "Section" and substitute
"Sections 153.0071 and".
(6) On page 14, lines 17 and 18, strike "Section 156.006"
and substitute "Sections 156.006 and 156.401".