Bill Text: TX HB5291 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to an agreed divorce order in a suit for dissolution of marriage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-04 - Referred to Jurisprudence [HB5291 Detail]

Download: Texas-2023-HB5291-Introduced.html

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By: Dutton H.B. No. 5291

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