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AN ACT
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relating to the rendition of certain temporary orders during the |
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pendency of a suit for modification of an order that provides for |
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the conservatorship, support, or possession of or access to a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.006(b), Family Code, is amended to |
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read as follows: |
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(b) While a suit for modification is pending, the court may |
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not render a temporary order that has the effect of creating a |
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designation, or changing the designation, of the person who has the |
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exclusive right to designate the primary residence of the child, or |
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the effect of creating a geographic area, or changing or |
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eliminating the geographic area, within which a conservator must |
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maintain the child's primary residence, under the final order |
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unless the temporary order is in the best interest of the child and: |
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(1) the order is necessary because the child's present |
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circumstances would significantly impair the child's physical |
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health or emotional development; |
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(2) the person designated in the final order has |
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voluntarily relinquished the primary care and possession of the |
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child for more than six months; or |
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(3) the child is 12 years of age or older and has |
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expressed to the court in chambers as provided by Section 153.009 |
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the name of the person who is the child's preference to have the |
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exclusive right to designate the primary residence of the child. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for modification pending before a trial court on or filed |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2017. |
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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. 1495 was passed by the House on April |
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13, 2017, by the following vote: Yeas 139, 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. 1495 was passed by the Senate on May |
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11, 2017, by the following vote: Yeas 30, Nays 1. |
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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 |