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AN ACT
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relating to the enforcement of orders in a suit affecting the |
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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 157.001, Family Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (e) to |
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read as follows: |
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(a) A motion for enforcement as provided in this chapter may |
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be filed to enforce any provision of a temporary or [a] final order |
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rendered in a suit [for conservatorship, child support, possession
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of or access to a child, or other provisions of a final order]. |
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(b) The court may enforce by contempt any provision of a |
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temporary or final order [for possession of and access to a child as
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provided in this chapter]. |
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(c) The court may enforce a temporary or final order for |
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child support as provided in this chapter or Chapter 158. |
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(e) For purposes of this section, "temporary order" |
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includes a temporary restraining order, standing order, |
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injunction, and any other temporary order rendered by a court. |
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SECTION 2. Sections 157.062(c) and (d), Family Code, are |
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amended to read as follows: |
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(c) Notice of hearing on a motion for enforcement of a final |
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[an existing] order providing for child support or possession of or |
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access to a child, any provision of a final order rendered against a |
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party who has already appeared in a suit under this title, or any |
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provision of a temporary order shall be given to the respondent by |
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personal service of a copy of the motion and notice not later than |
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the 10th day before the date of the hearing. For purposes of this |
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subsection, "temporary order" includes a temporary restraining |
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order, standing order, injunction, and any other temporary order |
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rendered by a court. |
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(d) If a motion for enforcement of a final order, other than |
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a final order rendered against a party who has already appeared in a |
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suit under this title, is joined with another claim: |
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(1) the hearing may not be held before 10 a.m. on the |
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first Monday after the 20th day after the date of service; and |
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(2) the provisions of the Texas Rules of Civil |
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Procedure applicable to the filing of an original lawsuit apply. |
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SECTION 3. Section 157.065(a), Family Code, is amended to |
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read as follows: |
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(a) If a party has been ordered under Chapter 105 to provide |
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the court and the state case registry with the party's current |
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mailing address, notice of a hearing on a motion for enforcement of |
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a final order may be served by mailing a copy of the notice to the |
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respondent, together with a copy of the motion, by first class mail |
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to the last mailing address of the respondent on file with the court |
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and the registry. |
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SECTION 4. The changes in law made by this Act apply to a |
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motion for enforcement that is filed on or after the effective date |
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of this Act. A motion for enforcement filed before the effective |
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date of this Act is governed by the law in effect on the date the |
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motion is filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. 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 certify that H.B. No. 3121 was passed by the House on May 5, |
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2015, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3121 on May 29, 2015, by the following vote: Yeas 146, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3121 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
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0. |
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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 |