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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order for the exclusive occupancy of the primary |
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residence by a spouse during the pendency of a suit for dissolution |
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of a marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.502, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(a) While a suit for dissolution of a marriage is pending |
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and on the motion of a party or on the court's own motion after |
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notice and hearing, the court may render an appropriate order, |
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including the granting of a temporary injunction for the |
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preservation of the property and protection of the parties as |
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deemed necessary and equitable and including an order directed to |
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one or both parties: |
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(1) requiring a sworn inventory and appraisement of |
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the real and personal property owned or claimed by the parties and |
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specifying the form, manner, and substance of the inventory and |
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appraisal and list of debts and liabilities; |
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(2) requiring payments to be made for the support of |
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either spouse; |
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(3) requiring the production of books, papers, |
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documents, and tangible things by a party; |
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(4) ordering payment of reasonable attorney's fees and |
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expenses; |
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(5) appointing a receiver for the preservation and |
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protection of the property of the parties; |
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(6) awarding one spouse exclusive occupancy of the |
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primary residence or other residential property during the pendency |
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of the case; |
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(7) prohibiting the parties, or either party, from |
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spending funds beyond an amount the court determines to be for |
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reasonable and necessary living expenses; |
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(8) awarding one spouse exclusive control of a party's |
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usual business or occupation; or |
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(9) prohibiting an act described by Section 6.501(a). |
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(d) While a suit for dissolution of a marriage is pending |
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and on the motion of a party, the court shall render an appropriate |
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order awarding the party exclusive occupancy of the primary |
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residence during the pendency of the suit under Subsection (a)(6) |
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if the adverse party has, during the pendency of the suit or in the |
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three-year period preceding the date the suit was filed, been |
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convicted of or placed on deferred adjudication community |
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supervision for: |
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(1) a felony offense under Title 5, Penal Code, for |
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which the court has made an affirmative finding that the offense |
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involved family violence under Article 42.013, Code of Criminal |
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Procedure, that was committed against the party filing the motion |
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or a member of that party's family or household; or |
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(2) an offense under Section 25.11, Penal Code, |
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committed against the party filing the motion or a member of that |
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party's family or household. |
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(e) A party that has been awarded exclusive occupancy of the |
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primary residence under Subsection (d) may file a motion to vacate |
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that order at any time during the pendency of the suit. |
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(f) In this section: |
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(1) "Family" has the meaning assigned by Section |
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71.003. |
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(2) "Household" has the meaning assigned by Section |
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71.005. |
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SECTION 2. The change in law made by this Act applies to a |
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suit for dissolution of a marriage that is pending in a trial court |
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on the effective date of this Act or that is filed on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |