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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification of an order establishing the |
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conservatorship of a child or providing for the possession of or |
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access to a child based on military deployment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.006, Family Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) Subsection (b)(2) does not apply to a conservator who |
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has the exclusive right to designate the primary residence of the |
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child and who has temporarily relinquished the primary care and |
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possession of the child to another person during the conservator's |
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military deployment. |
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(d) In this section, "military deployment" means military |
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duty ordered for a period of more than six months during which the |
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person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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SECTION 2. Section 156.101, Family Code, is amended to read |
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as follows: |
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Sec. 156.101. GROUNDS FOR MODIFICATION OF ORDER |
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ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The |
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court may modify an order that provides for the appointment of a |
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conservator of a child, that provides the terms and conditions of |
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conservatorship, or that provides for the possession of or access |
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to a child if modification would be in the best interest of the |
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child and: |
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(1) the circumstances of the child, a conservator, or |
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other party affected by the order have materially and substantially |
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changed since the earlier of: |
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(A) the date of the rendition of the order; or |
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(B) the date of the signing of a mediated or |
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collaborative law settlement agreement on which the order is based; |
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(2) the child is at least 12 years of age and has filed |
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with the court, in writing, the name of the person who is the |
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child's preference to have the exclusive right to designate the |
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primary residence of the child; or |
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(3) the conservator who has the exclusive right to |
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designate the primary residence of the child has voluntarily |
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relinquished the primary care and possession of the child to |
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another person for at least six months. |
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(b) Subsection (a)(3) does not apply to a conservator who |
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has the exclusive right to designate the primary residence of the |
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child and who has temporarily relinquished the primary care and |
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possession of the child to another person during the conservator's |
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military deployment. |
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(c) In this section, "military deployment" means military |
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duty ordered for a period of more than six months during which the |
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person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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SECTION 3. Section 156.102, Family Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) Subsection (b)(3) does not apply to a person who has the |
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exclusive right to designate the primary residence of the child and |
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who has temporarily relinquished the primary care and possession of |
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the child to another person during the conservator's military |
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deployment. |
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(e) In this section, "military deployment" means military |
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duty ordered for a period of more than six months during which the |
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person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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SECTION 4. Section 156.105, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) If the court determines that modification is in the best |
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interest of the child based on the military deployment of a person |
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described by Subsection (a), the court may modify the order or |
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decree to provide in a manner consistent with Section 153.3161 for |
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limited possession of the child during the period of the deployment |
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by a person designated by the deployed conservator. |
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(c) The military deployment of a conservator who has the |
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exclusive right to designate the primary residence of the child and |
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who temporarily relinquishes the primary care and possession of the |
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child to another person during the conservator's deployment does |
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not by itself constitute a material and substantial change of |
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circumstances sufficient to justify a modification of an existing |
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court order or portion of a decree that sets the terms and |
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conditions for the possession of or access to the child. |
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(d) In this section, "military deployment" means military |
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duty ordered for a period of more than six months during which the |
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person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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SECTION 5. The changes in law made by this Act apply to an |
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action to modify an order in a suit affecting the parent-child |
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relationship that is pending in a trial court on the effective date |
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of this Act or filed on or after that date. |
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SECTION 6. This Act takes effect September 1, 2007. |