By: Thompson of Harris H.B. No. 554

(Senate Sponsor - Huffman, Rodríguez)

(In the Senate - Received from the House May 6, 2019; May 7, 2019, read first time and referred to Committee on State Affairs; May 14, 2019, reported favorably by the following vote: Yeas 9, Nays 0; May 14, 2019, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to temporary orders during the pendency of an appeal in a suit affecting the parent-child relationship.

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

SECTION 1. Section 109.001(b), Family Code, is amended to read as follows:

(b) A temporary order under this section enjoining a party from molesting or disturbing the peace of the child or another party:

(1) may be rendered without:

(A) the issuance of a bond between the parties [spouses]; or

(B) an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result; and

(2) is not required to:

(A) define the injury or state why the injury is irreparable; or

(B) include an order setting the suit for trial on the merits with respect to the ultimate relief sought.

SECTION 2. (a) The change in law made by this Act applies only to a temporary order rendered on or after the effective date of this Act.

(b) Notwithstanding Subsection (a) of this section, the change in law made by this Act applies to a temporary order rendered by a court of competent jurisdiction on or after September 1, 2017, but before the effective date of this Act. The legislature ratifies such an order.

SECTION 3. This Act takes effect September 1, 2019.

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