85R2130 JSC-F     By: Lucio III H.B. No. 1617       A BILL TO BE ENTITLED   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 [to]:                (1)  requiring [require] the support of either spouse;                (2)  requiring [require] the payment of reasonable   attorney's fees and expenses incurred or anticipated to be incurred   after trial and on appeal;                (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 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.