Bill Text: TX HB1495 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the rendition of certain temporary orders during the pendency of a suit for modification of an order that provides for the conservatorship, support, or possession of or access to a child.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-05-23 - Effective on 9/1/17 [HB1495 Detail]

Download: Texas-2017-HB1495-Enrolled.html

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H.B. No. 1495

AN ACT
relating to the rendition of certain temporary orders during the
pendency of a suit for modification of an order that provides for
the conservatorship, support, or possession of or access to a
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.006(b), Family Code, is amended to
read as follows:
(b) While a suit for modification is pending, the court may
not render a temporary order that has the effect of creating a
designation, or changing the designation, of the person who has the
exclusive right to designate the primary residence of the child, or
the effect of creating a geographic area, or changing or
eliminating the geographic area, within which a conservator must
maintain the child's primary residence, under the final order
unless the temporary order is in the best interest of the child and:
(1) the order is necessary because the child's present
circumstances would significantly impair the child's physical
health or emotional development;
(2) the person designated in the final order has
voluntarily relinquished the primary care and possession of the
child for more than six months; or
(3) the child is 12 years of age or older and has
expressed to the court in chambers as provided by Section 153.009
the name of the person who is the child's preference to have the
exclusive right to designate the primary residence of the child.
SECTION 2. The change in law made by this Act applies only
to a suit for modification pending before a trial court on or filed
on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1495 was passed by the House on April
13, 2017, by the following vote: Yeas 139, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1495 was passed by the Senate on May
11, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor