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AN ACT
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relating to a temporary restraining order for preservation of |
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property and protection of the parties in a suit for the dissolution |
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of marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.501(a), Family Code, is amended to |
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read as follows: |
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(a) After the filing of a suit for dissolution of a |
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marriage, on the motion of a party or on the court's own motion, the |
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court may grant a temporary restraining order without notice to the |
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adverse party for the preservation of the property and for the |
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protection of the parties as necessary, including an order |
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prohibiting one or both parties from: |
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(1) intentionally communicating in person or in any |
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other manner, including by telephone or another electronic voice |
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transmission, video chat, [or] in writing, or electronic messaging, |
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with the other party by use of vulgar, profane, obscene, or indecent |
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language or in a coarse or offensive manner, with intent to annoy or |
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alarm the other party; |
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(2) threatening the other party in person or in any |
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other manner, including by telephone or another electronic voice |
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transmission, video chat, [or] in writing, or electronic messaging, |
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to take unlawful action against any person, intending by this |
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action to annoy or alarm the other party; |
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(3) placing a telephone call, anonymously, at an |
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unreasonable hour, in an offensive and repetitious manner, or |
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without a legitimate purpose of communication with the intent to |
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annoy or alarm the other party; |
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(4) intentionally, knowingly, or recklessly causing |
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bodily injury to the other party or to a child of either party; |
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(5) threatening the other party or a child of either |
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party with imminent bodily injury; |
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(6) intentionally, knowingly, or recklessly |
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destroying, removing, concealing, encumbering, transferring, or |
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otherwise harming or reducing the value of the property of the |
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parties or either party with intent to obstruct the authority of the |
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court to order a division of the estate of the parties in a manner |
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that the court deems just and right, having due regard for the |
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rights of each party and any children of the marriage; |
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(7) intentionally falsifying a writing or record, |
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including an electronic record, relating to the property of either |
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party; |
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(8) intentionally misrepresenting or refusing to |
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disclose to the other party or to the court, on proper request, the |
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existence, amount, or location of any tangible or intellectual |
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property of the parties or either party, including electronically |
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stored or recorded information; |
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(9) intentionally or knowingly damaging or destroying |
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the tangible or intellectual property of the parties or either |
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party, including electronically stored or recorded information; |
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[or] |
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(10) intentionally or knowingly tampering with the |
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tangible or intellectual property of the parties or either party, |
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including electronically stored or recorded information, and |
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causing pecuniary loss or substantial inconvenience to the other |
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party; |
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(11) except as specifically authorized by the court: |
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(A) selling, transferring, assigning, |
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mortgaging, encumbering, or in any other manner alienating any of |
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the property of the parties or either party, regardless of whether |
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the property is: |
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(i) personal property, real property, or |
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intellectual property; or |
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(ii) separate or community property; |
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(B) incurring any debt, other than legal expenses |
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in connection with the suit for dissolution of marriage; |
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(C) withdrawing money from any checking or |
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savings account in a financial institution for any purpose; |
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(D) spending any money in either party's |
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possession or subject to either party's control for any purpose; |
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(E) withdrawing or borrowing money in any manner |
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for any purpose from a retirement, profit sharing, pension, death, |
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or other employee benefit plan, employee savings plan, individual |
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retirement account, or Keogh account of either party; or |
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(F) withdrawing or borrowing in any manner all or |
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any part of the cash surrender value of a life insurance policy on |
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the life of either party or a child of the parties; |
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(12) entering any safe deposit box in the name of or |
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subject to the control of the parties or either party, whether |
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individually or jointly with others; |
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(13) changing or in any manner altering the |
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beneficiary designation on any life insurance policy on the life of |
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either party or a child of the parties; |
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(14) canceling, altering, failing to renew or pay |
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premiums on, or in any manner affecting the level of coverage that |
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existed at the time the suit was filed of, any life, casualty, |
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automobile, or health insurance policy insuring the parties' |
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property or persons, including a child of the parties; |
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(15) opening or diverting mail or e-mail or any other |
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electronic communication addressed to the other party; |
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(16) signing or endorsing the other party's name on any |
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negotiable instrument, check, or draft, including a tax refund, |
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insurance payment, and dividend, or attempting to negotiate any |
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negotiable instrument payable to the other party without the |
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personal signature of the other party; |
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(17) taking any action to terminate or limit credit or |
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charge credit cards in the name of the other party; |
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(18) discontinuing or reducing the withholding for |
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federal income taxes from either party's wages or salary; |
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(19) destroying, disposing of, or altering any |
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financial records of the parties, including a canceled check, |
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deposit slip, and other records from a financial institution, a |
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record of credit purchases or cash advances, a tax return, and a |
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financial statement; |
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(20) destroying, disposing of, or altering any e-mail, |
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text message, video message, or chat message or other electronic |
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data or electronically stored information relevant to the subject |
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matter of the suit for dissolution of marriage, regardless of |
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whether the information is stored on a hard drive, in a removable |
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storage device, in cloud storage, or in another electronic storage |
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medium; |
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(21) modifying, changing, or altering the native |
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format or metadata of any electronic data or electronically stored |
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information relevant to the subject matter of the suit for |
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dissolution of marriage, regardless of whether the information is |
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stored on a hard drive, in a removable storage device, in cloud |
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storage, or in another electronic storage medium; |
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(22) deleting any data or content from any social |
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network profile used or created by either party or a child of the |
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parties; |
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(23) using any password or personal identification |
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number to gain access to the other party's e-mail account, bank |
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account, social media account, or any other electronic account; |
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(24) terminating or in any manner affecting the |
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service of water, electricity, gas, telephone, cable television, or |
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any other contractual service, including security, pest control, |
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landscaping, or yard maintenance at the residence of either party, |
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or in any manner attempting to withdraw any deposit paid in |
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connection with any of those services; |
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(25) excluding the other party from the use and |
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enjoyment of a specifically identified residence of the other |
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party; or |
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(26) entering, operating, or exercising control over a |
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motor vehicle in the possession of the other party. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for dissolution of marriage that is filed on or after the |
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effective date of this Act. A suit for dissolution of marriage |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 815 passed the Senate on |
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April 9, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 815 passed the House on |
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May 5, 2015, by the following vote: Yeas 145, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |