S.B. No. 279
 
 
 
 
AN ACT
  relating to a prohibition against certain court orders in a suit
  affecting the parent-child relationship during a parent's military
  deployment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 153, Family Code, is amended by adding
  Subchapter L to read as follows:
  SUBCHAPTER L. MILITARY DUTY
         Sec. 153.701.  DEFINITIONS. In this subchapter:
               (1)  "Designated person" means the person ordered by
  the court to temporarily exercise a conservator's rights, duties,
  and periods of possession and access with regard to a child during
  the conservator's military deployment, military mobilization, or
  temporary military duty.
               (2)  "Military deployment" means the temporary
  transfer of a service member of the armed forces of this state or
  the United States serving in an active-duty status to another
  location in support of combat or some other military operation.
               (3)  "Military mobilization" means the call-up of a
  national guard or reserve service member of the armed forces of this
  state or the United States to extended active duty status. The term
  does not include national guard or reserve annual training.
               (4)  "Temporary military duty" means the transfer of a
  service member of the armed forces of this state or the United
  States from one military base to a different location, usually
  another base, for a limited time for training or to assist in the
  performance of a noncombat mission.
         Sec. 153.702.  TEMPORARY ORDERS. (a)  If a conservator is
  ordered to military deployment, military mobilization, or
  temporary military duty that involves moving a substantial distance
  from the conservator's residence so as to materially affect the
  conservator's ability to exercise the conservator's rights and
  duties in relation to a child, either conservator may file for an
  order under this subchapter.
         (b)  The court may render a temporary order in a proceeding
  under this subchapter regarding:
               (1)  possession of or access to the child; or
               (2)  child support.
         (c)  A temporary order rendered by the court under this
  subchapter may grant rights to and impose duties on a designated
  person regarding the child, except the court may not require the
  designated person to pay child support.
         (d)  After a conservator's military deployment, military
  mobilization, or temporary military duty is concluded, and the
  conservator returns to the conservator's usual residence, the
  temporary orders under this section terminate and the rights of all
  affected parties are governed by the terms of any court order
  applicable when the conservator is not ordered to military
  deployment, military mobilization, or temporary military duty.
         Sec. 153.703.  APPOINTING DESIGNATED PERSON FOR CONSERVATOR
  WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (a)  
  If the conservator with the exclusive right to designate the
  primary residence of the child is ordered to military deployment,
  military mobilization, or temporary military duty, the court may
  render a temporary order to appoint a designated person to exercise
  the exclusive right to designate the primary residence of the child
  during the military deployment, military mobilization, or
  temporary military duty in the following order of preference:
               (1)  the conservator who does not have the exclusive
  right to designate the primary residence of the child;
               (2)  if appointing the conservator described by
  Subdivision (1) is not in the child's best interest, a designated
  person chosen by the conservator with the exclusive right to
  designate the primary residence of the child; or
               (3)  if appointing the conservator described by
  Subdivision (1) or the person chosen under Subdivision (2) is not in
  the child's best interest, another person chosen by the court.
         (b)  A designated person named in a temporary order rendered
  under this section has the rights and duties of a nonparent
  appointed as sole managing conservator under Section 153.371.
         (c)  The court may limit or expand the rights of a nonparent
  named as a designated person in a temporary order rendered under
  this section as appropriate to the best interest of the child.
         Sec. 153.704.  APPOINTING DESIGNATED PERSON TO EXERCISE
  VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE
  PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES.  (a)  If the
  court appoints the conservator without the exclusive right to
  designate the primary residence of the child under Section
  153.703(a)(1), the court may award visitation with the child to a
  designated person chosen by the conservator with the exclusive
  right to designate the primary residence of the child.
         (b)  The periods of visitation shall be the same as the
  visitation to which the conservator without the exclusive right to
  designate the primary residence of the child was entitled under the
  court order in effect immediately before the date the temporary
  order is rendered.
         (c)  The temporary order for visitation must provide that:
               (1)  the designated person under this section has the
  right to possession of the child for the periods and in the manner
  in which the conservator without the exclusive right to designate
  the primary residence of the child is entitled under the court order
  in effect immediately before the date the temporary order is
  rendered;
               (2)  the child's other conservator and the designated
  person under this section are subject to the requirements of
  Section 153.316, with the designated person considered for purposes
  of that section to be the possessory conservator;
               (3)  the designated person under this section has the
  rights and duties of a nonparent possessory conservator under
  Section 153.376(a) during the period that the person has possession
  of the child; and
               (4)  the designated person under this section is
  subject to any provision in a court order restricting or
  prohibiting access to the child by any specified individual.
         (d)  The court may limit or expand the rights of a nonparent
  designated person named in a temporary order rendered under this
  section as appropriate to the best interest of the child.
         Sec. 153.705.  APPOINTING DESIGNATED PERSON TO EXERCISE
  VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE
  PRIMARY RESIDENCE OF CHILD. (a)  If the conservator without the
  exclusive right to designate the primary residence of the child is
  ordered to military deployment, military mobilization, or
  temporary military duty, the court may award visitation with the
  child to a designated person chosen by the conservator, if the
  visitation is in the best interest of the child.
         (b)  The temporary order for visitation must provide that:
               (1)  the designated person under this section has the
  right to possession of the child for the periods and in the manner
  in which the conservator described by Subsection (a) would be
  entitled if not ordered to military deployment, military
  mobilization, or temporary military duty;
               (2)  the child's other conservator and the designated
  person under this section are subject to the requirements of
  Section 153.316, with the designated person considered for purposes
  of that section to be the possessory conservator;
               (3)  the designated person under this section has the
  rights and duties of a nonparent possessory conservator under
  Section 153.376(a) during the period that the designated person has
  possession of the child; and
               (4)  the designated person under this section is
  subject to any provision in a court order restricting or
  prohibiting access to the child by any specified individual.
         (c)  The court may limit or expand the rights of a nonparent
  designated person named in a temporary order rendered under this
  section as appropriate to the best interest of the child.
         Sec. 153.706.  TEMPORARY ORDER FOR CHILD SUPPORT.  A
  temporary order rendered under this subchapter may result in a
  change of circumstances sufficient to justify a temporary order
  modifying the child support obligations of a party.
         Sec. 153.707.  EXPEDITED HEARING. (a)  On a motion by the
  conservator who has been ordered to military deployment, military
  mobilization, or temporary military duty, the court shall, for good
  cause shown, hold an expedited hearing if the court finds that the
  conservator's military duties have a material effect on the
  conservator's ability to appear in person at a regularly scheduled
  hearing.
         (b)  A hearing under this section shall, if possible, take
  precedence over other suits affecting the parent-child
  relationship not involving a conservator who has been ordered to
  military deployment, military mobilization, or temporary military
  duty.
         (c)  On a motion by any party, the court shall, after
  reasonable advance notice and for good cause shown, allow a party to
  present testimony and evidence by electronic means, including by
  teleconference or through the Internet.
         Sec. 153.708.  ENFORCEMENT. Temporary orders rendered under
  this subchapter may be enforced by or against the designated person
  to the same extent that an order would be enforceable against the
  conservator who has been ordered to military deployment, military
  mobilization, or temporary military duty.
         Sec. 153.709.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  
  (a) Not later than the 90th day after the date a conservator
  without the exclusive right to designate the primary residence of
  the child who is a member of the armed services concludes the
  conservator's military deployment, military mobilization, or
  temporary military duty, the conservator may petition the court to:
               (1)  compute the periods of possession of or access to
  the child to which the conservator would have otherwise been
  entitled during the conservator's deployment; and
               (2)  award the conservator additional periods of
  possession of or access to the child to compensate for the periods
  described by Subdivision (1).
         (b)  If the conservator described by Subsection (a)
  petitions the court under Subsection (a), the court:
               (1)  shall compute the periods of possession or access
  to the child described by Subsection (a)(1); and
               (2)  may award to the conservator additional periods of
  possession of or access to the child for a length of time and under
  terms the court considers reasonable, if the court determines that:
                     (A)  the conservator was on military deployment,
  military mobilization, or temporary military duty in a location
  where access to the child was not reasonably possible; and
                     (B)  the award of additional periods of possession
  of or access to the child is in the best interest of the child.
         (c)  In making the determination under Subsection (b)(2),
  the court:
               (1)  shall consider:
                     (A)  the periods of possession of or access to the
  child to which the conservator would otherwise have been entitled
  during the conservator's military deployment, military
  mobilization, or temporary military duty, as computed under
  Subsection (b)(1);
                     (B)  whether the court named a designated person
  under Section 153.705 to exercise limited possession of the child
  during the conservator's deployment; and
                     (C)  any other factor the court considers
  appropriate; and
               (2)  is not required to award additional periods of
  possession of or access to the child that equals the possession or
  access to which the conservator would have been entitled during the
  conservator's military deployment, military mobilization, or
  temporary military duty, as computed under Subsection (b)(1).
         (d)  After the conservator described by Subsection (a) has
  exercised all additional periods of possession or access awarded
  under this section, the rights of all affected parties are governed
  by the terms of the court order applicable when the conservator is
  not ordered to military deployment, military mobilization, or
  temporary military duty.
         SECTION 2.  Section 156.006, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Subsection (b)(2) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701.
         SECTION 3.  Section 156.101, Family Code, is amended to read
  as follows:
         Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER
  ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS.  (a)  The
  court may modify an order that provides for the appointment of a
  conservator of a child, that provides the terms and conditions of
  conservatorship, or that provides for the possession of or access
  to a child if modification would be in the best interest of the
  child and:
               (1)  the circumstances of the child, a conservator, or
  other party affected by the order have materially and substantially
  changed since the earlier of:
                     (A)  the date of the rendition of the order; or
                     (B)  the date of the signing of a mediated or
  collaborative law settlement agreement on which the order is based;
               (2)  the child is at least 12 years of age and has filed
  with the court, in writing, the name of the person who is the
  child's preference to have the exclusive right to designate the
  primary residence of the child; or
               (3)  the conservator who has the exclusive right to
  designate the primary residence of the child has voluntarily
  relinquished the primary care and possession of the child to
  another person for at least six months.
         (b)  Subsection (a)(3) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701.
         SECTION 4.  Section 156.102, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Subsection (b)(3) does not apply to a person who has the
  exclusive right to designate the primary residence of the child and
  who has temporarily relinquished the primary care and possession of
  the child to another person during the conservator's military
  deployment, military mobilization, or temporary military duty, as
  those terms are defined by Section 153.701.
         SECTION 5.  Section 156.105, Family Code, is amended to read
  as follows:
         Sec. 156.105.  MODIFICATION OF ORDER BASED ON MILITARY DUTY
  [DEPLOYMENT].  [(a)   In this section, "military deployment" means
  military duty ordered for a period of more than six months during
  which the person ordered to duty:
               [(1)     is not provided the option of being accompanied
  by the person's child; and
               [(2)     is serving in a location where access to the
  person's child is not reasonably possible.
         [(b)]  The military duty of a conservator who is ordered to
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701, does not by
  itself constitute [of a person who is a possessory conservator or a
  joint managing conservator without the exclusive right to designate
  the primary residence of the child is] a material and substantial
  change of circumstances sufficient to justify a modification of an
  existing court order or portion of a decree that sets the terms and
  conditions for the possession of or access to a child except that
  the court may render a temporary order under Subchapter L, Chapter
  153.
         [(c)     If the court determines that modification is in the
  best interest of the child, the court may modify the order or decree
  to provide in a manner consistent with Section 153.3161 for
  possession of the child during the period of the military
  deployment by a person designated by the deployed conservator.]
         SECTION 6.  Sections 153.3161 and 156.410, Family Code, are
  repealed.
         SECTION 7.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship that is pending in a
  trial court on the effective date of this Act or filed on or after
  that date.
         SECTION 8.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 279 passed the Senate on
  March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 28, 2009, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 279 passed the House, with
  amendment, on May 25, 2009, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor