In Chambers, Fall 2017

In Chambers | Fall 2017 25 LEGI SLATIVE UPDATE Reprinted from T ex . J ud . C ouncil ,T ex . O ff . of C t A dmin ., 85 th L egislative U pdate (2017). Only select legislation has been included.To see full list of bills passed during 85th Legislative Session, visit: SB 712 —Effective 9/1/17 (applies to protective order applications filed on or after that date). Allows a court to render a protective order for a period that exceeds two years if the court finds the subject of the pro- tective order has committed a felony involving family violence against the applicant or a member of the applicant’s family or household, regardless of whether the person has been charged with or convicted of the felony. See F am . C ode § 85.025(a-1). SB 999 —Effective 9/1/17 (applies to suits filed on or after that date). Re- quires a governmental entity filing an original SAPCR after taking posses- sion of a child without a court order to file an affidavit stating that, based on personal knowledge, one of a number of delineated circumstances was present and that (1) continuation of the child in the home would have been contrary to the child’s welfare, (2) there was no time for a full ad- versarial hearing, and (3) reasonable efforts, consistent with the circum- stances, were made to prevent or eliminate the need for removal. Outlines circumstances under which a court is exempt from the requirement to order the return of a child at the initial hearing. Eliminates the requirement that a person taking a child into possession without a court order ask the court to appoint an attorney ad litem. Revises procedures governing hear- ings in a suit filed by a governmental entity requesting possession of a child who has not yet been taken into possession, making the procedures more consistent with those governing a full adversarial hearing regarding a child already taken into possession. See F am . C ode ch. 262. SB 1237 —Effective 9/1/17 (applicability varies by date and contents of or- der). Removes deadline for the court to render temporary orders pending appeal in a suit for dissolution of marriage, making such an order equitable in nature and affording the court broad discretion to offer relief, with the order subject only to mandamus review. Requires additional findings of fact regarding the division of the estate and regarding the frivolous filing of suits for modification. Provides that a temporary order enjoining a party from molesting or disturbing a child need not identify any specific risk of injury and may be rendered without any bond or affidavit that might oth- erwise be required by law, with such an order subject only to mandamus review. Clarifies that appeals from child custody orders are subject to the accelerated timeline set forth in the Rules of Civil Procedure and Rules of Appellate Procedure. See F am . C ode §§ 6.709, 6.711(a), 9.007(c), 109.001- .003, 152.314, 153.258, 154.130, 156.005. SB 1242 —Effective 9/1/17 (applies to applications filed on or after that date). Establishes procedures by which a court can maintain the confiden- tiality of the mailing address of an applicant for a protective order. See F am . C ode §§ 82.011, 85.007. SB 1705 —Effective 9/1/17 (applies to an application for a marriage li- cense filed on or after that date). Eliminates provisions requiring parental consent or a court order authorizing the marriage of a minor; instead re- quires any person under 18 years of age to obtain a court order removing the disabilities of minority status for general purposes. Renders void any marriage if either party to the marriage is younger than 18 years of age and has failed to obtain the requisite order. See F am . C ode § 2.003.