79R128 KSD-F


By:  Dutton                                                       H.B. No. 1175



A BILL TO BE ENTITLED

AN ACT

relating to the modification or elimination of spousal maintenance 
by the parties to a premarital agreement.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 4.003(a), Family Code, is amended to 
read as follows:    
	(a)  The parties to a premarital agreement may contract with 
respect to:     
		(1)  the rights and obligations of each of the parties 
in any of the property of either or both of them whenever and 
wherever acquired or located;
		(2)  the right to buy, sell, use, transfer, exchange, 
abandon, lease, consume, expend, assign, create a security interest 
in, mortgage, encumber, dispose of, or otherwise manage and control 
property;
		(3)  the disposition of property on separation, marital 
dissolution, death, or the occurrence or nonoccurrence of any other 
event;
		(4)  the modification or elimination of spousal 
support, except that the parties may not agree to modify or 
eliminate spousal support that may be ordered as maintenance under 
Subchapter B, Chapter 8;
		(5)  the making of a will, trust, or other arrangement 
to carry out the provisions of the agreement;
		(6)  the ownership rights in and disposition of the 
death benefit from a life insurance policy;
		(7)  the choice of law governing the construction of 
the agreement; and     
		(8)  any other matter, including their personal rights 
and obligations, not in violation of public policy or a statute 
imposing a criminal penalty.
	SECTION 2.  The change in law made by this Act applies only 
to a premarital agreement entered into on or after the effective 
date of this Act.  A premarital agreement entered into before the 
effective date of this Act is governed by the law in effect on the 
date the agreement was entered into, and the former law is continued 
in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.