By: Nelson, Van de Putte S.B. No. 279
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition against certain court orders in a suit
  affecting the parent-child relationship during a parent's military
  deployment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 151, Family Code, is amended by adding
  Section 151.004 to read as follows:
         Sec. 151.004.  PROHIBITION AGAINST CERTAIN ORDERS DURING
  PARENT'S MILITARY DEPLOYMENT.  A court may not render an order
  affecting the terms of a parent's possession of or access to the
  parent's child on the sole grounds that the parent has voluntarily
  abandoned or left the child or has otherwise voluntarily
  relinquished the primary care and possession of the child if the
  parent has temporarily relinquished the primary care and possession
  of the child to another person during a period in which the parent:
               (1)  is ordered to duty as a member of the armed forces
  of the United States, the Texas National Guard, or the National
  Guard of another state without the option of being accompanied by
  the child; and
               (2)  is serving in a location where access to the child
  is not reasonably possible.
         SECTION 2.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship that is pending in a
  trial court on the effective date of this Act or filed on or after
  that date.
         SECTION 3.  This Act takes effect September 1, 2009.