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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure applicable to entry of an agreed order in |
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divorce proceedings both with or without children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Chapter 47, Family Code, is amended |
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by adding section 47.004 to read as follows: |
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Sec. 47.004 1.010. AGREED DIVORCE ORDER. (a) A court with |
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jurisdiction over a case and all parties shall accept for entry any |
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proposed order, without requiring live testimony or actual |
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appearance before the court, so long as the following conditions |
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are satisfied: |
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(b) the proposed order is agreed upon by the parties; |
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(c) the proposed order includes signatures of counsel for |
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the respective parties approving the form of the order, if |
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applicable; |
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(d) the proposed order includes signatures of the respective |
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parties approving the form and substance of the order; |
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(e) the proposed order is accompanied by an affidavit or |
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unsworn declaration of at least one party setting for the necessary |
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facts and evidence supporting the terms of the proposed order; and |
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(f) no party has filed written objection stating they do not |
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consent to the entry of the proposed order by submission in the |
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manner described by this section. |
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SECTION 2. (a) This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |