| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a court order for the exclusive occupancy of the |
|
|
residence by a spouse during the pendency of a suit for dissolution |
|
|
of a marriage. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 6.502, Family Code, is amended by adding |
|
|
Subsections (d) and (e) to read as follows: |
|
|
(d) While a suit for dissolution of a marriage is pending |
|
|
and on the motion of a party, the court shall render an appropriate |
|
|
order awarding the party exclusive occupancy of the residence |
|
|
during the pendency of the suit under Subsection (a)(6) if the |
|
|
adverse party has, during the pendency of the suit or in the |
|
|
three-year period preceding the date the suit was filed, been |
|
|
convicted of or placed on deferred adjudication community |
|
|
supervision for: |
|
|
(1) a felony offense under Title 5, Penal Code, for |
|
|
which the court has made an affirmative finding that the offense |
|
|
involved family violence under Article 42.013, Code of Criminal |
|
|
Procedure, that was committed against the party filing the motion |
|
|
or a member of that party's family or household; or |
|
|
(2) an offense under Section 25.11, Penal Code, |
|
|
committed against the party filing the motion or a member of that |
|
|
party's family or household. |
|
|
(e) In this section: |
|
|
(1) "Family" has the meaning assigned by Section |
|
|
71.003. |
|
|
(2) "Household" has the meaning assigned by Section |
|
|
71.005. |
|
|
SECTION 2. The change in law made by this Act applies to a |
|
|
suit for dissolution of a marriage that is pending in a trial court |
|
|
on the effective date of this Act or that is filed on or after the |
|
|
effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |