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79R6628 KKA-F

By:  Casteel                                                      H.B. No. 2117



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the court to exclude a spouse from the 
marital residence pending a suit for divorce in certain 
circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 6.501(b), Family Code, is amended to 
read as follows:    
	(b)  A temporary restraining order under this subchapter may 
not include a provision:
		(1)  the subject of which is a requirement, 
appointment, award, or other order listed in Section 64.104, Civil 
Practice and Remedies Code;  or
		(2)  that:                                                                    
			(A)  excludes a spouse from occupancy of the 
marital residence [where that spouse is living] except:
				(i)  as provided in a protective order made 
in accordance with Title 4; or
				(ii)  in circumstances in which it is shown 
by an affidavit or verified pleading that the spouse to be excluded 
from the marital residence has established another residence;
			(B)  prohibits a party from spending funds for 
reasonable and necessary living expenses;  or
			(C)  prohibits a party from engaging in acts 
reasonable and necessary to conduct that party's usual business and 
occupation.
	SECTION 2.  The change in law made by this Act applies only 
to a motion for a temporary restraining order filed on or after the 
effective date of this Act.  A motion for a temporary restraining 
order filed before the effective date of this Act is governed by the 
law in effect at the time the motion is filed, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.