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A BILL TO BE ENTITLED
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AN ACT
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relating to certain protective orders in a suit for dissolution of |
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marriage or a suit affecting the parent-child relationship, |
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including a proceeding to adjudicate parentage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.405, Family Code, is amended to read as |
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follows: |
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Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The |
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petition in a suit for dissolution of a marriage must state whether, |
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in regard to a party to the suit or a child of a party to the suit: |
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(1) there is in effect: |
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(A) a protective order under Title 4; |
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(B) a protective order under Chapter 7A, Code of |
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Criminal Procedure; or |
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(C) an order for emergency protection under |
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Article 17.292, Code of Criminal Procedure; [is in effect] or |
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(2) [if] an application for an [a protective] order |
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described by Subdivision (1) is pending [with regard to the parties
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to the suit]. |
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(b) The petitioner shall attach to the petition a copy of |
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each [protective] order described by Subsection (a)(1) [issued
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under Title 4] in which a party [one of the parties] to the suit or |
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the child of a party to the suit was the applicant or victim of the |
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conduct alleged in the application or order and the other party was |
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the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the [protective] order is not available at |
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the time of filing, the petition must state that a copy of the order |
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will be filed with the court before any hearing. |
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SECTION 2. Section 102.008, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The petition must include: |
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(1) a statement that the court in which the petition is |
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filed has continuing, exclusive jurisdiction or that no court has |
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continuing jurisdiction of the suit; |
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(2) the name and date of birth of the child, except |
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that if adoption of a child is requested, the name of the child may |
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be omitted; |
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(3) the full name of the petitioner and the |
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petitioner's relationship to the child or the fact that no |
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relationship exists; |
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(4) the names of the parents, except in a suit in which |
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adoption is requested; |
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(5) the name of the managing conservator, if any, or |
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the child's custodian, if any, appointed by order of a court of |
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another state or country; |
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(6) the names of the guardians of the person and estate |
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of the child, if any; |
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(7) the names of possessory conservators or other |
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persons, if any, having possession of or access to the child under |
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an order of the court; |
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(8) the name of an alleged father of the child or a |
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statement that the identity of the father of the child is unknown; |
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(9) a full description and statement of value of all |
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property owned or possessed by the child; |
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(10) a statement describing what action the court is |
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requested to take concerning the child and the statutory grounds on |
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which the request is made; [and] |
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(11) a statement as to whether, in regard to a party to |
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the suit or a child of a party to the suit: |
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(A) there is in effect: |
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(i) a protective order under Title 4; |
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(ii) a protective order under Chapter 7A, |
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Code of Criminal Procedure; or |
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(iii) an order for emergency protection |
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under Article 17.292, Code of Criminal Procedure; or |
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(B) an application for an order described by |
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Paragraph (A) is pending; and |
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(12) any other information required by this title. |
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(c) The petitioner shall attach a copy of each order |
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described by Subsection (b)(11)(A) in which a party to the suit or a |
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child of a party to the suit was the applicant or victim of the |
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conduct alleged in the application or order and the other party was |
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the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the order is not available at the time of |
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filing, the petition must state that a copy of the order will be |
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filed with the court before any hearing. |
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SECTION 3. Subchapter G, Chapter 160, Family Code, is |
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amended by adding Section 160.6035 to read as follows: |
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Sec. 160.6035. CONTENTS OF PETITION; STATEMENT RELATING TO |
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CERTAIN PROTECTIVE ORDERS REQUIRED. (a) The petition in a |
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proceeding to adjudicate parentage must include a statement as to |
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whether, in regard to a party to the proceeding or a child of a party |
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to the proceeding: |
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(1) there is in effect: |
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(A) a protective order under Title 4; |
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(B) a protective order under Chapter 7A, Code of |
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Criminal Procedure; or |
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(C) an order for emergency protection under |
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Article 17.292, Code of Criminal Procedure; or |
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(2) an application for an order described by |
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Subdivision (1) is pending. |
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(b) The petitioner shall attach a copy of each order |
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described by Subsection (a)(1) in which a party to the proceeding or |
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a child of a party to the proceeding was the applicant or victim of |
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the conduct alleged in the application or order and the other party |
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was the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the order is not available at the time of |
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filing, the petition must state that a copy of the order will be |
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filed with the court before any hearing. |
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SECTION 4. The change in law made by this Act applies only |
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to a petition filed on or after the effective date of this Act. A |
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petition filed before the effective date of this Act is governed by |
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the law in effect on the date the petition was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2017. |