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A BILL TO BE ENTITLED
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AN ACT
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relating to certain temporary orders in a suit for modification of |
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an order in a suit affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.006, Family Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) A person who files a motion for a temporary order |
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authorized by Subsection (b)(1) shall execute and attach to the |
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motion an affidavit on the person's personal knowledge or the |
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person's belief based on representations made to the person by a |
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person with personal knowledge that contains facts that support the |
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allegation that the child's present circumstances would |
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significantly impair the child's physical health or emotional |
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development. The court shall deny the relief sought and decline to |
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schedule a hearing on the motion unless the court determines, on the |
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basis of the affidavit, that facts adequate to support the |
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allegation are stated in the affidavit. If the court determines |
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that the facts stated are adequate to support the allegation, the |
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court shall set a time and place for the hearing. |
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SECTION 2. Section 156.006(b-1), Family Code, as added by |
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this Act, applies to a suit for modification filed on or after the |
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effective date of this Act. A suit for modification filed before |
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that date is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |