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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the geographic area in which a |
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conservator must maintain a child's primary residence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.133, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (a)(1), the court may not |
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render an order establishing a geographic area within which the |
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conservator with the exclusive right to determine the primary |
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residence of the child must maintain the child's primary residence |
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in a proceeding in which that conservator is granted a divorce from |
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the child's other parent on the grounds of cruelty under Section |
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6.002. |
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SECTION 2. Section 153.134, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (b)(1), the court may not |
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render an order establishing a geographic area within which the |
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conservator with the exclusive right to determine the primary |
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residence of the child must maintain the child's primary residence |
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in a proceeding in which that conservator is granted a divorce from |
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the child's other parent on the grounds of cruelty under Section |
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6.002. |
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SECTION 3. Subchapter B, Chapter 156, is amended by adding |
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Section 156.1011 to read as follows: |
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Sec. 156.1011. MODIFICATION OF GEOGRAPHIC REGION IN WHICH |
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CHILD'S PRIMARY RESIDENCE MUST BE MAINTAINED. (a) It is a material |
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and substantial change of circumstances sufficient to justify a |
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modification of an existing court order or portion of a decree if a |
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conservator who has the exclusive right to designate the primary |
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residence of a child and is subject to a court order requiring the |
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conservator to maintain the child's primary residence in a |
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specified geographic area is: |
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(1) unable for a period of at least one year to find |
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suitable employment within the specified geographic area; or |
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(2) required to relocate outside of the specified |
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geographic area in connection with the conservator's active |
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military service. |
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(b) If the court determines that modification is in the best |
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interests of the child, the court shall modify the order to provide |
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that the conservator: |
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(1) may determine the child's primary residence |
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without regard to geographic location; or |
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(2) shall maintain the child's primary residence in a |
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revised geographic area, as determined on the basis of the |
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conservator's employment prospects or military service, as |
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applicable. |
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SECTION 4. The changes in law made by this Act to Sections |
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153.133 and 153.134, Family Code, apply only to a court order |
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appointing joint managing conservators rendered on or after the |
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effective date of this Act. A court order appointing joint managing |
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conservators rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. Section 156.1011, Family Code, as added by this |
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Act, applies only to an action to modify an order in a suit |
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affecting the parent-child relationship pending on the effective |
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date of this Act or filed on or after that date. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |