84R11898 JSC-D

By: Smithee H.B. No. 3949

A BILL TO BE ENTITLED

AN ACT

relating to the conditions and enforcement of possession orders in suits affecting the parent-child relationship; adding provisions subject to a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as "Kenyon's Law."

SECTION 2. Section 105.002(c), Family Code, is amended to read as follows:

(c) In a jury trial:

(1) a party is entitled to a verdict by the jury and the court may not contravene a jury verdict on the issues of:

(A) the appointment of a sole managing conservator;

(B) the appointment of joint managing conservators;

(C) the appointment of a possessory conservator;

(D) the determination of which joint managing conservator has the exclusive right to designate the primary residence of the child; and

(E) the determination of [whether to impose a restriction on] the geographic area in which a joint managing conservator must [may] designate the child's primary residence; and

[(F) if a restriction described by Paragraph (E) is imposed, the determination of the geographic area within which the joint managing conservator must designate the child's primary residence; and]

(2) the court may not submit to the jury questions on the issues of:

(A) support under Chapter 154 or Chapter 159;

(B) a specific term or condition of possession of or access to the child; or

(C) any right or duty of a conservator, other than the determination of which joint managing conservator has the exclusive right to designate the primary residence of the child under Subdivision (1)(D).

SECTION 3. Section 153.133(a), Family Code, is amended to read as follows:

(a) If a written agreed parenting plan is filed with the court, the court shall render an order appointing the parents as joint managing conservators only if the parenting plan:

(1) designates the conservator who has the exclusive right to designate the primary residence of the child and:

(A) establishes, until modified by further order, the geographic area within which the conservator shall maintain the child's primary residence; and [or]

(B) specifies that the conservator may not move [designate] the child's primary residence outside that [without regard to] geographic area without permission of the other conservator or the court [location];

(2) specifies the rights and duties of each parent regarding the child's physical care, support, and education;

(3) includes provisions to minimize disruption of the child's education, daily routine, and association with friends;

(4) allocates between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent provided by Chapter 151;

(5) is voluntarily and knowingly made by each parent and has not been repudiated by either parent at the time the order is rendered; and

(6) is in the best interest of the child.

SECTION 4. Section 153.134(b), Family Code, is amended to read as follows:

(b) In rendering an order appointing joint managing conservators, the court shall:

(1) designate the conservator who has the exclusive right to determine the primary residence of the child and:

(A) establish, until modified by further order, a geographic area within which the conservator shall maintain the child's primary residence; and [or]

(B) specify that the conservator may not move [determine] the child's primary residence outside that [without regard to] geographic area without the permission of the other conservator or the court [location];

(2) specify the rights and duties of each parent regarding the child's physical care, support, and education;

(3) include provisions to minimize disruption of the child's education, daily routine, and association with friends;

(4) allocate between the parents, independently, jointly, or exclusively, all of the remaining rights and duties of a parent as provided by Chapter 151; and

(5) if feasible, recommend that the parties use an alternative dispute resolution method before requesting enforcement or modification of the terms and conditions of the joint conservatorship through litigation, except in an emergency.

SECTION 5. Subchapter F, Chapter 153, Family Code, is amended by adding Section 153.3165 to read as follows:

Sec. 153.3165. GEOGRAPHIC RESTRICTION. The court shall restrict the primary residence of the child to a specific geographic area and prohibit moving the child's primary residence outside that area without the permission of the other conservator or the court.

SECTION 6. Subchapter A, Chapter 157, Family Code, is amended by adding Section 157.010 to read as follows:

Sec. 157.010. INTERFERENCE WITH CUSTODY; REFERRAL. If a party alleges that the other party has engaged in conduct constituting an offense under Section 25.03, Penal Code, the court shall make a report to the appropriate county or district attorney for investigation.

SECTION 7. (a) The changes in law made by this Act relating to the conditions of a court order providing for possession of or access to a child apply only to an order rendered on or after the effective date of this Act. A court order rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.

(b) Section 157.010, Family Code, as added by this Act, applies only to an allegation received in a petition filed with the court on or after the effective date of this Act. A petition filed before the effective date of this Act is governed by the law in effect on the date the petition was filed, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2015.