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AN ACT
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relating to certain temporary orders in a suit affecting the |
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parent-child relationship during a parent's military deployment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 153.702(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) If a conservator is ordered to military deployment, |
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military mobilization, or temporary military duty that involves |
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moving a substantial distance from the conservator's residence so |
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as to materially affect the conservator's ability to exercise the |
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conservator's rights and duties in relation to a child, either |
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conservator may file for an order under this subchapter without the |
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necessity of showing a material and substantial change of |
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circumstances other than the military deployment, military |
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mobilization, or temporary military duty. |
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(c) A temporary order rendered by the court under this |
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subchapter may grant rights to and impose duties on a designated |
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person regarding the child, except that if the designated person is |
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a nonparent, the court may not require the designated person to pay |
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child support. |
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SECTION 2. Section 153.703(b), Family Code, is amended to |
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read as follows: |
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(b) A nonparent appointed as a designated person [named] in |
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a temporary order rendered under this section has the rights and |
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duties of a nonparent appointed as sole managing conservator under |
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Section 153.371. |
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SECTION 3. Section 153.706, Family Code, is repealed. |
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SECTION 4. The changes in law made by this Act apply to a |
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motion for a temporary order under Subchapter L, Chapter 153, |
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Family Code, that is pending in a trial court on the effective date |
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of this Act or filed on or after that date. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1404 was passed by the House on March |
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31, 2011, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1404 was passed by the Senate on May |
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10, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |