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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of a property distribution agreement |
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incident to divorce or annulment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 9.001(a), Family Code, is amended to |
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read as follows: |
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(a) A party affected by a decree of divorce or annulment |
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providing for a division of property as provided by Chapter 7, |
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including a division of property and any contractual provisions |
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under the terms of an agreement incident to divorce or annulment |
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under Section 7.006 that was approved by the court, may request |
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enforcement of that decree by filing a suit to enforce as provided |
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by this chapter in the court that rendered the decree. |
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SECTION 2. Section 9.002, Family Code, is amended to read as |
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follows: |
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Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The |
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court that rendered the decree of divorce or annulment retains the |
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power to enforce the property division as provided by Chapter 7, |
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including a property division and any contractual provisions under |
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the terms of an agreement incident to divorce or annulment under |
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Section 7.006 that was approved by the court. |
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SECTION 3. Sections 9.006(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) Except as provided by this subchapter and by the Texas |
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Rules of Civil Procedure, the court may render further orders to |
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enforce the division of property made or approved in the decree of |
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divorce or annulment to assist in the implementation of or to |
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clarify the prior order. |
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(b) The court may specify more precisely the manner of |
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effecting the property division previously made or approved if the |
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substantive division of property is not altered or changed. |
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SECTION 4. Section 9.009, Family Code, is amended to read as |
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follows: |
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Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division |
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of property made or approved in a decree of divorce or annulment, |
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the court may make an order to deliver the specific existing |
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property awarded, without regard to whether the property is of |
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especial value, including an award of an existing sum of money or |
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its equivalent. |
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SECTION 5. The changes in law made by this Act apply to the |
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enforcement of a property division and any contractual provisions |
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under the terms of an agreement incident to divorce or annulment |
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under Section 7.006, Family Code, that was approved by the court |
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regardless of whether the agreement was approved or the decree of |
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divorce or annulment was rendered before, on, or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2013. |