S.B. No. 1237
 
 
 
 
AN ACT
  relating to procedures in a suit for dissolution of a marriage or a
  suit affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 6.709, Family Code, is amended to read as
  follows:
         Sec. 6.709.  TEMPORARY ORDERS DURING APPEAL. (a)  In a suit
  for dissolution of a marriage [Not later than the 30th day after the
  date an appeal is perfected], on the motion of a party or on the
  court's own motion, after notice and hearing, the trial court may
  render a temporary order as considered equitable and necessary for
  the preservation of the property and for the protection of the
  parties during an [the] appeal, including an order directed toward
  one or both parties [to]:
               (1)  requiring [require] the support of either spouse;
               (2)  requiring [require] the payment of reasonable and
  necessary attorney's fees and expenses;
               (3)  appointing [appoint] a receiver for the
  preservation and protection of the property of the parties; [or]
               (4)  awarding [award] one spouse exclusive occupancy of
  the parties' residence pending the appeal;
               (5)  enjoining a party from dissipating or transferring
  the property awarded to the other party in the trial court's
  property division; or
               (6)  suspending the operation of all or part of the
  property division that is being appealed.
         (b)  A temporary order under this section enjoining a party
  from dissipating or transferring the property awarded to the other
  party in the trial court's property division:
               (1)  may be rendered without:
                     (A)  the issuance of a bond between the spouses;
  or
                     (B)  an affidavit or a verified pleading stating
  specific facts showing that immediate and irreparable injury, loss,
  or damage will result;
               (2)  is not required to:
                     (A)  define the injury or state why the injury is
  irreparable; or
                     (B)  include an order setting the suit for trial
  on the merits with respect to the ultimate relief sought; and
               (3)  may not prohibit a party's use, transfer,
  conveyance, or dissipation of the property awarded to the other
  party in the trial court's property division if the use, transfer,
  conveyance, or dissipation of the property is for the purpose of
  suspending the enforcement of the property division that is the
  subject of the appeal.
         (c)  A temporary order under this section that suspends the
  operation of all or part of the property division that is the
  subject of the appeal may not be rendered unless the trial court
  takes reasonable steps to ensure that the party awarded property in
  the trial court's property division is protected from the other
  party's dissipation or transfer of that property.
         (d)  In considering a party's request to suspend the
  enforcement of the property division, the trial court shall
  consider whether:
               (1)  any relief granted under Subsection (a) is
  adequate to protect the party's interest in the property awarded to
  the party; or
               (2)  the party who was not awarded the property should
  also be required to provide security for the appeal in addition to
  any relief granted under Subsection (a).
         (e)  If the trial court determines that the party awarded the
  property can be adequately protected from the other party's
  dissipation of assets during the appeal only if the other party
  provides security for the appeal, the trial court shall set the
  appropriate amount of security, taking into consideration any
  relief granted under Subsection (a) and the amount of security that
  the other party would otherwise have to provide by law if relief
  under Subsection (a) was not granted.
         (f)  In rendering a temporary order under this section that
  suspends enforcement of all or part of the property division, the
  trial court may grant any relief under Subsection (a), in addition
  to requiring the party who was not awarded the property to post
  security for that part of the property division to be suspended.
  The trial court may require that the party who was not awarded the
  property post all or only part of the security that would otherwise
  be required by law.
         (g)  This section does not prevent a party who was not
  awarded the property from exercising that party's right to suspend
  the enforcement of the property division as provided by law.
         (h)  A motion seeking an original temporary order under this
  section:
               (1)  may be filed before trial; and
               (2)  may not be filed by a party after the date by which
  that party is required to file the party's notice of appeal under
  the Texas Rules of Appellate Procedure.
         (i)  The trial court retains jurisdiction to conduct a
  hearing and sign an original temporary order under this section
  until the 60th day after the date any eligible party has filed a
  notice of appeal from final judgment under the Texas Rules of
  Appellate Procedure.
         (j)  The trial court retains jurisdiction to modify and 
  enforce a temporary order under this section unless the appellate
  court, on a proper showing, supersedes the trial court's order.
         (k)  On the motion of a party or on the court's own motion,
  after notice and hearing, the trial court may modify a previous
  temporary order rendered under this section if:
               (1)  the circumstances of a party have materially and
  substantially changed since the rendition of the previous order;
  and
               (2)  modification is equitable and necessary for the
  preservation of the property or for the protection of the parties
  during the appeal.
         (l)  A party may seek review of the trial court's temporary
  order under this section by:
               (1)  motion filed in the court of appeals with
  jurisdiction or potential jurisdiction over the appeal from the
  judgment in the case;
               (2)  proper assignment in the party's brief; or
               (3)  petition for writ of mandamus.
         (m)  A temporary order rendered under this section is not
  subject to interlocutory appeal.
         (n)  The remedies provided in this section are cumulative of
  all other remedies allowed by law.
         SECTION 2.  Section 6.711, Family Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  In a suit for dissolution of a marriage in which the
  court has rendered a judgment dividing the estate of the parties, on
  request by a party, the court shall state in writing its findings of
  fact and conclusions of law, including [concerning:
               [(1)]  the characterization and value of all [each
  party's] assets, liabilities, claims, and offsets on which disputed
  evidence has been presented[; and
               [(2)     the value or amount of the community estate's
  assets, liabilities, claims, and offsets on which disputed evidence
  has been presented].
         (c)  The findings of fact and conclusions of law required by
  this section are in addition to any other findings or conclusions
  required or authorized by law.
         SECTION 3.  Section 9.007(c), Family Code, is amended to
  read as follows:
         (c)  The trial court may not [power of the court to] render an
  order [further orders] to assist in the implementation of or to
  clarify the property division made or approved in the decree before
  the 30th day after the date the final judgment is signed. If a
  timely motion for new trial or to vacate, modify, correct, or reform
  the decree is filed, the trial court may not render an order to
  assist in the implementation of or to clarify the property division
  made or approved in the decree before the 30th day after the date
  the order overruling the motion is signed or the motion is overruled
  by operation of law [is abated while an appellate proceeding is
  pending].
         SECTION 4.  Section 109.001, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsections (b-1),
  (b-2), (b-3), (b-4), (b-5), and (e) to read as follows:
         (a)  In a suit affecting the parent-child relationship [Not
  later than the 30th day after the date an appeal is perfected], on
  the motion of any party or on the court's own motion and after
  notice and hearing, the court may make any order necessary to
  preserve and protect the safety and welfare of the child during the
  pendency of an [the] appeal as the court may deem necessary and
  equitable. In addition to other matters, an order may:
               (1)  appoint temporary conservators for the child and
  provide for possession of the child;
               (2)  require the temporary support of the child by a
  party;
               (3)  enjoin [restrain] a party from molesting or
  disturbing the peace of the child or another party;
               (4)  prohibit a person from removing the child beyond a
  geographical area identified by the court;
               (5)  require payment of reasonable and necessary 
  attorney's fees and expenses; or
               (6)  suspend the operation of the order or judgment
  that is being appealed.
         (b)  A temporary order under this section enjoining a party
  from molesting or disturbing the peace of the child or another
  party:
               (1)  may be rendered without:
                     (A)  the issuance of a bond between the spouses;
  or
                     (B)  an affidavit or a verified pleading stating
  specific facts showing that immediate and irreparable injury, loss,
  or damage will result; and
               (2)  is not required to:
                     (A)  define the injury or state why the injury is
  irreparable; or
                     (B)  include an order setting the suit for trial
  on the merits with respect to the ultimate relief sought.
         (b-1)  A motion seeking an original temporary order under
  this section:
               (1)  may be filed before trial; and
               (2)  may not be filed by a party after the date by which
  that party is required to file the party's notice of appeal under
  the Texas Rules of Appellate Procedure.
         (b-2)  The trial court retains jurisdiction to conduct a
  hearing and sign a temporary order under this section until the 60th
  day after the date any eligible party has filed a notice of appeal
  from final judgment under the Texas Rules of Appellate Procedure.
         (b-3)  The trial court retains jurisdiction to modify and 
  enforce a temporary order [its orders rendered] under this section
  unless the appellate court, on a proper showing, supersedes the
  court's order.
         (b-4)  On the motion of a party or on the court's own motion,
  after notice and hearing, the trial court may modify a previous
  temporary order rendered under this section if:
               (1)  the circumstances of a party have materially and
  substantially changed since the rendition of the previous order;
  and
               (2)  modification is equitable and necessary for the
  safety and welfare of the child.
         (b-5)  A party may seek review of the trial court's temporary
  order under this section by:
               (1)  petition for writ of mandamus; or
               (2)  proper assignment in the party's brief.
         (e)  The remedies provided in this section are cumulative of
  all other remedies allowed by law.
         SECTION 5.  The heading to Section 109.002, Family Code, is
  amended to read as follows:
         Sec. 109.002.  APPELLATE REVIEW [APPEAL].
         SECTION 6.  Section 109.002, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  An appeal from a final order rendered in a suit, when
  allowed under this section or under other provisions of law, shall
  be as in civil cases generally under the Texas Rules of Appellate
  Procedure, except that an appeal from a final order rendered under
  Subchapter D, Chapter 152, must comply with Section 152.314.
         (a-1)  An appeal in a suit in which termination of the
  parent-child relationship is ordered [in issue] shall be given
  precedence over other civil cases by the appellate courts, [and]
  shall be accelerated, and shall follow [by] the [appellate courts.  
  The] procedures for an accelerated appeal under the Texas Rules of
  Appellate Procedure [apply to an appeal in which the termination of
  the parent-child relationship is in issue].
         SECTION 7.  Section 109.003, Family Code, is amended to read
  as follows:
         Sec. 109.003.  PAYMENT FOR COURT REPORTER'S RECORD
  [STATEMENT OF FACTS]. (a)  If the party requesting a court
  reporter's record [statement of facts] in an appeal of a suit has
  filed an affidavit stating the party's inability to pay costs as
  provided by Rule 20, Texas Rules of Appellate Procedure, and the
  affidavit is approved by the trial court, the trial court may order
  the county in which the trial was held to pay the costs of preparing
  the court reporter's record [statement of facts].
         (b)  Nothing in this section shall be construed to permit an
  official court reporter to be paid more than once for the
  preparation of the court reporter's record [statement of facts].
         SECTION 8.  Section 152.314, Family Code, is amended to read
  as follows:
         Sec. 152.314.  ACCELERATED APPEALS. An appeal may be taken
  from a final order in a proceeding under this subchapter in
  accordance with accelerated [expedited] appellate procedures in
  other civil cases. Unless the court enters a temporary emergency
  order under Section 152.204, the enforcing court may not stay an
  order enforcing a child custody determination pending appeal.
         SECTION 9.  Section 153.258, Family Code, is amended to read
  as follows:
         Sec. 153.258.  REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
  STANDARD ORDER. (a)  In [Without regard to Rules 296 through 299,
  Texas Rules of Civil Procedure, in] all cases in which possession of
  a child by a parent is contested and the possession of the child
  varies from the standard possession order, including a possession
  order for a child under three years of age, on [written] request by
  a party [made or filed with the court not later than 10 days after
  the date of the hearing or on oral request made in open court during
  the hearing], the court shall state in writing [the order] the
  specific reasons for the variance from the standard order.
         (b)  A request for findings of fact under this section must
  conform to the Texas Rules of Civil Procedure.
         SECTION 10.  Section 154.130, Family Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Without regard to Rules 296 through 299, Texas Rules of
  Civil Procedure, in rendering an order of child support, the court
  shall make the findings required by Subsection (b) if:
               (1)  a party files a written request with the court
  before the final order is signed, but not later than 20 [10] days
  after the date of rendition of the order [the hearing];
               (2)  a party makes an oral request in open court during
  the hearing; or
               (3)  the amount of child support ordered by the court
  varies from the amount computed by applying the percentage
  guidelines under Section 154.125 or 154.129, as applicable.
         (c)  Findings under Subsection (b)(2) are required only if
  evidence of the monthly net resources of the obligee has been
  offered.
         SECTION 11.  Section 156.005, Family Code, is amended to
  read as follows:
         Sec. 156.005.  FRIVOLOUS FILING OF SUIT FOR MODIFICATION.
  Notwithstanding Rules 296 through 299, Texas Rules of Civil
  Procedure, if [If] the court finds that a suit for modification is
  filed frivolously or is designed to harass a party, the court shall
  state that finding in the order and assess [tax] attorney's fees as
  costs against the offending party.
         SECTION 12.  The following sections of the Family Code are
  repealed:
               (1)  Sections 153.254(b) and (c); and
               (2)  Section 154.130(a-1).
         SECTION 13.  Notwithstanding Section 6.709, Family Code, as
  amended by this Act, if any eligible parties have filed a notice of
  appeal from a final judgment under the Texas Rules of Appellate
  Procedure before September 1, 2017, any party to the appeal may file
  a motion in the trial court for an original temporary order under
  Section 6.709, Family Code, as it existed immediately before the
  effective date of this Act, and the trial court has jurisdiction to
  conduct a hearing and sign an original temporary order under that
  section until October 30, 2017.
         SECTION 14.  Except as provided by Section 13 of this Act,
  the changes in law made by this Act apply only to an order that is
  rendered on or after the effective date of this Act.  An order
  rendered before the effective date of this Act is governed by the
  law in effect immediately before that date, and the former law is
  continued in effect for that purpose.
         SECTION 15.  This Act takes effect September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1237 passed the Senate on
  May 4, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1237 passed the House on
  May 19, 2017, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor