How To Get A Divorce In Texas

Transcription

1 LEGISLATIVE UPDATE 2013: FAMILY LAW Presented by: SHERRI A. EVANS, Houston Koons Fuller JOSEPH INDELICATO, JR., Houston Joseph Indelicato, Jr., P.C. LYNN KAMIN, Houston Jenkins & Kamin BRIAN L. WEBB, Dallas The Webb Family Law Firm Written by: WARREN COLE Law Office of Warren Cole 3355 West Alabama- Suite 825 Houston, Texas (713) The author wishes to express his appreciation to the Honorable Judy K. Warne for her tireless tracking, updating and commenting on all of the family law legislation during the entire course of this session. Her efforts have made this update a much easier task. State Bar of Texas LEGISLATIVE UPDATE 2013: FAMILY LAW Co-Sponsored by the State Bar of Texas Family Law Section and the Texas Family Law Foundation June 25 Houston June 26 Dallas July 9 Austin Caveat: The Legislation contained in this paper is being reported before the expiration of the Governor s veto period. Before citing any bill as authority, the reader is advised to verify that the bill has not been vetoed by the Governor.

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3 CURRICULUM VITAE OF WARREN COLE EDUCATIONAL BACKGROUND University of St. Thomas, B.A University of Houston, Houston Law Center, J.D State Bar of Texas-Board Certified - Family Law (Texas Board of Legal Specialization 1982: Recertified 1987, 1992, 1997, 2002, 2007) American Academy of Matrimonial Lawyers - Trained as Arbitrator in Matrimonial Arbitration by the American Academy of Matrimonial Lawyers PROFESSIONAL HONORS AND AWARDS Judge Sam Emison Memorial Award for Meritorious Contributions to Family Law (2008) Standing Ovation Award presented by SBOT PDP/CLE as Outstanding Volunteer for 2007 Dan R. Price Memorial Award for Outstanding Contributions to Family Law (2007) Selected to Best Lawyers in America ; Selected as Best Family Lawyer in Houston 2012 by Best Lawyers in America. Voted as one of the Top 100 Lawyers in Texas ( ); Top 100 Lawyers in the Houston Region ( ); Super Lawyer by Texas Monthly Magazine. David A. Gibson Memorial Award of Excellence - Gulf Coast Family Law Specialists Association (May 1991) PROFESSIONAL ASSOCIATIONS. [past and present] State Bar of Texas Houston Bar Association - Family Law Section State Bar of Texas - Family Law and Litigation Section State Bar of Texas - District 4G Grievance Committee ( ) Member, College of the State Bar Fellow, American Academy of Matrimonial Lawyers Fellow, Texas Chapter of American Academy of Matrimonial Lawyers Member, Texas Academy of Family Law Specialists PROFESSIONAL ACTIVITIES State Bar of Texas Board of Directors ( ); Large Section Representative to Board ( ) State Bar of Texas - Chair, Family Law Section ( ), Vice-Chair ( ), Treasurer ( ), Secretary ( ) Texas Board of Legal Specialization - Chair, Family Law Advisory Commission ( ) and Member, Family Law Exam Commission ( ) Course Co-Director - Advanced Family Law Course, San Antonio, TX (2006) Course Director - Marriage Dissolution Course, Corpus Christi, TX (2001) Course Director - Advanced Family Law Drafting Course, Houston, TX (1999) Member of many other CLE Planning Committees Served on numerous State and Local Bar committees LEGAL TEACHING/WRITING/ADR Authored and lectured at over 125 CLE Programs on Local, State and National level, 1983 to present. Served as mediator in over 2000 cases and as arbitrator in over 200 matters Former writing consultant to Bancroft-Whitney Publishing Co. Former writing consultant to Matthew Bender Publishing Co. on Matrimonial and Family Law Advocacy, "Expert Witnesses". Editorial board, The Houston Lawyer, Houston Bar Association (Past) Co-Authored, Predicates Manual, with Gagnon, S. and Schweitzer, S., Texas Family Law Foundation. FACULTY POSITIONS Adjunct Professor, South Texas College of Law, Juvenile Law and Trial Advocacy ( ) Texas College of Trial Advocacy (Past Faculty Member)

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5 CURRICULUM VITAE OF JUDY LYNN WARNE I. EDUCATIONAL BACKGROUND. A. Undergraduate. University of Saint Thomas, Houston, 1981 Bachelor of Arts Degree in Education and Political Science, Minor in English B. Graduate. University of Houston, Houston, Texas, J.D C. State Bar of Texas and Law Related Education. Board Certified - Family Law (Texas Board of Legal Specialization 1989, 1994, 1999, 2004) College of the State Bar of Texas ( ) The Pro Bono College of the State Bar of Texas ( ) Basic Mediation Training, The University of Houston Clear-Lake II. III. IV. PROFESSIONAL EMPLOYMENT. Presiding Judge, 257 th Judicial District Court, November, 2005 to present Administrative Judge, Family Trial Division, Harris County, Texas, Law Offices of Judy Warne November, 2005 Adjunct Professor of Family Law, South Texas College of Law, , , Piro & Lilly Law Office of Burta Rhoads Raborn Achilles & Associates Cammack & Welscher PROFESSIONAL ASSOCIATIONS. A. State Bar of Texas B. State of Texas, Family Law Council, Judicial Liaison 2008, C. Houston Bar Association D. Fellow, American Academy of Matrimonial Lawyers E. Member, Texas Academy of Family Law Specialists F. Member, Gulf Coast Family Law Specialists [former Board Member] G. State Bar of Texas - Family Law Section IH Life Fellow, Texas Bar Foundation I. Life Member, Texas Family Law Foundation J. Houston Bar Association - Family Law Section [former Board member] K. Association of Women Attorneys COURTS WHERE ADMITTED TO PRACTICE. A. State Courts in Texas B. United States Supreme Court V. HONORS - EDUCATIONAL. A. Jurist of the Year, American Academy of Matrimonial Lawyers, Texas Chapter, 2012 B. Adjunct Professor of the Year, South Texas College of Law, C. University of Saint Thomas, Magna Cum Laude; Outstanding Graduate in Political Science; Outstanding Graduate in English VI. VII. OTHER PROFESSIONAL ACTIVITIES. Member, Public Policy Committee, Texas Council on Family Violence Commissioner, Supreme Court of Texas Permanent Commission on Children and Families OTHER. A. Author and Speaker, Chapter 34 MARRIAGE DISSOLUTION INSTITUTE, STATE BAR OF TEXAS (2010) B. Speaker, District Judges Panel, FAMILY LAW ON THE FRONT LINES, UNIVERSITY OF TEXAS CLE (2010) C. Speaker, SAPCR Case Law Update, 36 th ANNUAL ADVANCED FAMILY LAW COURSE, STATE BAR OF TEXAS (2010) D. Author and Speaker, Drafting Protective Orders, ADVANCED FAMILY LAW DRAFTING COURSE, STATE BAR OF TEXAS (2010) E. Author and Speaker, Establishment of Parentage ADVANCED PARENT CHILD RELATIONSHIPS, UNIVERSITY OF TEXAS CLE (2011) F. Speaker, 2011 TRIAL INSTITUTE, TEXAS ACADEMY OF FAMILY LAW SPECIALISTS, (2011) G. Speaker, Effective Presentation of Protective Orders HOUSTON BAR ASSOCIATION FAMILY LAW INSTITUTE (2011) H. Course Director, Marriage Dissolution Institute, STATE BAR OF TEXAS (2011) I. Speaker, Houston Area Women s Center Legal Clinic Training sponsored by ExxonMobil, Domestic Violence Awareness (2011) J. Author and Speaker, Sanctions 37 TH ANNUAL ADVANCED FAMILY LAW COURSE, STATE BAR OF TEXAS (2011) K. Speaker, Strategies for Effective Conflict Resolution sponsored by SUSMAN GODFREY LLP (2011) L. Author and Speaker, Protective Orders ADVANCED FAMILY LAW DRAFTING COURSE, STATE BAR OF TEXAS (2011) M. Speaker, Attachment Issues/Visitation Under Three 35 th ANNUAL MARRIAGE DISSOLUTION INSTITUTE, STATE BAR OF TEXAS (2012) N. Speaker, The Reporting Statute, HOUSTON BAR ASSOCIATION FAMILY LAW SECTION (2012) O. Speaker, The Psychology of Family Violence UNIVERSITY OF HOUSTON GRADUATE SCHOOL OF SOCIAL WORK (2012) P. Author and Speaker, The Effect of Intimate Partner Abuse on Children, 38 th ANNUAL ADVANCED FAMILY LAW COURSE, STATE BAR OF TEXAS (2012) Q. Speaker, Working with your Coach: Attorneys and Guardians Ad Litem, CASAs and Friends of the Court, 2012 ANNUAL JUDICIAL EDUCATION CONFERENCE,TEXAS CENTER FOR THE JUDICIARY, (2012) R. Speaker, Judicial Problem Solving--Family 2013 ANNUAL JUDICIAL EDUCATION CONFERENCE, TEXAS CENTER FOR THE JUDICIARY(2013)

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7 SHERRI A. EVANS KOONSFULLER, P.C. 109 North Post Oak Lane, Suite 425 Houston, Texas Telephone: Facsimile: Licenses, Certification Board Certified, Family Law, Texas Board of Legal Specialization, 1998 Licensed by Supreme Court of the State of Texas, 1993 Admitted to practice before the U.S. Court of Appeals, Fifth Circuit; U.S. District Court, Southern and Eastern District of Texas Education J.D , Tulane Law School, New Orleans, LA B.B.A. (Finance) , University of Texas, Austin, TX Kingwood High School Honors Named Best Lawyers in America, 2012, 2013 Named Super Lawyer by Texas Monthly Magazine, Named one of Houston s Best Family Lawyers, H Magazine, Named Rising Star by Texas Monthly Magazine, Professional Affiliations International Academy of Matrimonial Lawyers, Fellow American Academy of Matrimonial Lawyers, Fellow American Bar Association, Family Law Section ABA Family Law Trial Institute (Faculty, ) Houston Family Law Trial Institute (Faculty, ) Texas Bar Foundation, Fellow State Bar of Texas, Family Law Section State Bar of Texas, Family Law Council (Chair-Elect) State Bar of Texas, Family Law Council (Pro Bono Committee; Legislative Committee) Texas Academy of Family Law Specialists (Board Member) Gulf Coast Family Law Specialists (Board Member ) (Secretary ; Treasurer ; President-Elect ; President ) Texas Family Law Foundation, Fellow College of the State Bar of Texas Houston Bar Association, Family Law Section Publications/Speaking Engagements Course Director Family Law Technology State Bar of Texas, 2012 Revised April 1, 2013 Page 1

8 Course Director Advanced Family Law Seminar State Bar of Texas, 2008 Course Director Family Law of the Front Lines University of Texas Law School, My Case Doesn t Fit Your Guidelines, Innovations: Breaking Boundaries in Custody Litigation, University of Texas Law School, 2013 The Reconstituted Estate, Advanced Family Law Seminar, State Bar of Texas, 2012 Valuing the Reconstituted Estate, Marriage Dissolution Institute, State Bar of Texas, th Annual Trial Institute, Texas Academy of Family Law Specialists, 2012 More than Sex, Drugs and Rock n Roll, Innovations: Breaking Boundaries in Custody Litigation, University of Texas Law School, 2012 Business Entities, Advance Family Law Drafting Course, State Bar of Texas, 2011 Social Media and Family Law, Advanced Family Law Seminar, State Bar of Texas, 2011 How to Cross Examine a Valuation Expert, Family Law on the Front Lines, University of Texas Law School, 2011 Legislative Update, 11 th Biennial Family Law Legislative Update, University of Texas Law School, 2011 Expert Witnesses: Pitfalls and Warnings Advanced Family Law Seminar, State Bar of Texas, 2010 Business Entities from a Family Law Perspective, Family Law on the Front Lines, University of Texas Law School, 2010 Top Ten Tips for Settling or Negotiating Conservatorship Disputes, State Bar of Texas Annual Meeting, 2010 Family Law Red Flags in the Electronic Age, AAML Mid-Year Meeting, 2010 Pleadings, Ultimate Trial Notebook, State Bar of Texas, 2009 Advanced Business Valuation, Advanced Family Law Seminar, State Bar of Texas, 2009 Legislative Update, 10 th Biennial Family Law Legislative Update, University of Texas Law School, 2009 Business Valuation, and then some, Marriage Dissolution Institute, State Bar of Texas, 2009 Common Evidentiary Problems in Family Law, Marriage Dissolution Institute, State Bar of Texas, 2007 Securing and Enforcing the Property Award, Advanced Family Law Seminar, State Bar of Texas, 2006 Use of Forensic Accountants in Divorce, Marriage Dissolution Institute, State Bar of Texas, 2006 Discovery in Family Law Cases, How to Practice Family Law in Texas, Half Moon Seminars, 2004 Various Articles, Checklist Manual, Second Edition, State Bar of Texas, Family Law Section, 2003 Revised April 1, 2013 Page 2

9 Gathering, Organizing and Using Financial Information in Complex Property Cases, Texas Family Law Practice for Paralegals. Half Moon Seminars, 2003 Tracing, Expert Witness Manual, State Bar of Texas, Family Law Section, 2002 Identifying Marital Property Issues Upon Divorce, Family Law of the Front Lines, University of Texas Law School, 2002 Predicates, Presumptions, and Privileges, Advanced Family Law Seminar, State Bar of Texas, 2001 Taxation of Stock Options, Marriage Dissolution Institute, State Bar of Texas, 2001 Organizing the Trial Notebook, Ultimate Trial Notebook, State Bar of Texas, 2000 Trying the Complex Property Case, Family Law Practice Seminar, University of Houston Law Foundation, 2000, 2001, 2003 Securing and Enforcing the Property Award, Advanced Family Law Seminar, State Bar of Texas, 2000 Ethical Considerations, Marriage Dissolution Institute, State Bar of Texas, 2000 Property Forms You Never Knew Were in the Family Law Practice Manual, Advance Family Law Drafting Course State Bar of Texas, 1999 Retracing: Conflicting Rules of Tracing, New Frontiers in Marital Property, State Bar of Texas, 1999 Child Support: How to Establish it, Withhold it, and Draft Decrees so That it Will be Enforceable, Family Law Seminar Houston Volunteer Lawyers Program, 1999 Bankruptcy and Divorce Revisited, Texas Marital Property Institute, University of Texas School of Law, 1997 Revised April 1, 2013 Page 3

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11 EDUCATION: South Texas College of Law (J.D., 1988) Sam Houston State University (B.B.A., 1981) JOSEPH INDELICATO, JR. Joseph Indelicato, Jr., P.C W. Alabama, Suite 950 Houston, Texas * (facsimile) joe@indelicato.com * LICENSES AND CERTIFICATIONS: State Bar of Texas (1988) U.S. District Court, Southern District of Texas (1989) Board Certified in Family Law by the Texas Board of Legal Specialization (1993, recertified in 1998, 2003 and 2008) American Academy of Matrimonial Lawyers and American Bar Association trained as arbitrator in matrimonial arbitration Advanced Mediation Training-Family Law, A.A. White Resolution Institute Mediation training, A. A. White Dispute Resolution Institute RECOGNITIONS Listed in Texas Super Lawyers, Texas Monthly Magazine 2003, 2004, 2006, Listed H-Texas Magazine, Houston Top Lawyer, Listed H-Texas Magazine, Houston Top Family Lawyers, Martindale-Hubble, AV Peer Review Rated PROFESSIONAL ACTIVITES AND ASSOCIATIONS Member, State Bar of Texas Family Law Council, Legislative Committee; Section Report Board of Editors; Website and Technology Committee Director, Texas Family Law Foundation President, Texas Academy of Family Law Specialists (officer since 2008);(director );(member since 1994) Editor, Texas Academy of Family Law Specialists Newsletter Family Law Forum ( ) Fellow, American Academy of Matrimonial Lawyers Fellow, International Academy of Matrimonial Lawyers Fellow, Texas Chapter of American Academy of Matrimonial Lawyers 2012 President, Houston Chapter, Burta Rayburn Family Inns of Court Course Director, Ultimate Trial Notebook Family Law, 2009 Member of the College of the State Bar of Texas Past President, Gulf Coast Family Law Specialist Past Director, Houston Bar Association - Family Law Section Former Investigator/Litigator, The Supreme Court of Texas, Unauthorized Practice of Law Committee Past Chairperson, State Bar Grievance Committee 4A-1 Member, Family Law Section, State Bar of Texas Member, Family Law Section, Houston Bar Association Member, Gulf Coast Family Law Specialist Member, Texas Family Law Foundation Life Fellow, Houston Bar Foundation Life Fellow, Texas Bar Foundation LEGAL SEMINARS & PUBLICATIONS Speaker/Co-Author, Criminal and Ethical Considerations in the Age of Technology, 2012 Advanced Family Law Drafting Course Speaker/Co-Author, Parentage, State Bar College 14 th Annual Summer School, July 2012 Speaker/Co-Author, Ethical Pitfalls of Social Media, Marriage Dissolution Institute, 2012 Speaker/Co-Author, Social Networking and Getting e-evidence, 2011 Advanced Family Law Drafting Course Speaker/Co-Author, Hearsay, 2011 Texas Advanced Family Law Seminar Speaker/Co-Author, Top Ten Tips in a Custody Case, State Bar College 13 th Annual Summer School, July 2011

12 Speaker/Author, Things Clients Do on Social Media That Get Them in Trouble, Marriage Dissolution Institute, 2011 Speaker/Co-Author, Trial Tactics & Evidence, 2011 Parent Child Relationships: Critical Thinking for Critical Issues, January 2011 Speaker/Co-Author, Discovery & Drafting in the Computer Age, Advanced Family Law Drafting Course, 2010 Speaker/Author, Electronic Evidence, Marriage Dissolution, 2010 Speaker/Author, Witness Preparation and Assessment, The Ultimate Trial Notebook; Family Law 2009 Speaker/Moderator, Electronic Evidence Workshop, Advanced Family Law Course 2009 Speaker/Author, Getting Information from 3 rd Parties about Kids, Parent-Child Relationships, Critical thinking for Critical Issues, University of Texas, Austin Speaker/Author, The Amicus Attorney, State Bar of Texas Annual Meeting, Family Law Section, Continuing Education Program, 2008 Speaker, Harris County Youth and Family Services 5 th Annual Conference on Youth and Families, Testimonial Two-Step: What Works in the Courtroom, 2008 Speaker, Galveston County Bar Foundation, Child Custody Evaluations, Ethics and Investigating Allegations of Sexual Abuse, 2008 Direct & Cross Examination of a Custody Evaluator Speaker, South Texas College of Law, Annual Family Law Conference 2008 Appealing Your Family Law Case Speaker/Author, The University of Texas School of Law: Effective Family Law Practice, The Definitive Short Course on Parent-Child Relationships 2007, The World of Court Appointees: Amicus Attorneys, Attorney Ad Litems, Guardian Ad Litems and Social Studies Speaker/Author, Advanced Family Law Practice for Paralegals: Handling Financial Issues at a Higher Level 2007 Effective Presentation of Financial Matters Financial Information Statements, Inventory & Appraisements, and Proposed Property Divisions Speaker/Author, Advanced Family Law Course 2006 Who Represents the Child? Not Me, I am the Amicus Attorney! Speaker, Texas Academy of Family Law Specialists Trial Institute 2006 Litigating the Case The Trial Speaker/Author, Advanced Family Law Drafting Course 2005 It Don t Mean a Thing if it Ain t Got that Swing - Tips from the Bench Speaker/Author/Course Director, Advanced Family Law Course 2004 Law Office Management Boot Camp Speaker/Author, Houston Bar Association Continuing Legal Education Seminar, 2004 Family Law for the General Practitioner Speaker, 309th Judicial District Court of Harris County, Texas 2003, Ad Litem s Interaction with Mental Health Professional Co-Course Director, 309th Judicial District Court of Harris County, Texas, 2003, Ad Litem Course Speaker/Author, 309th Judicial District Court of Harris County, Texas 2003, Ad Litem s Role in Trial Speaker, South Texas College of Law, Family Law Conference, Working with Ad Litems Speaker/Author, Advanced Family Law Course, ANALYZE THIS! The Use of Mental Health Professionals in Ways Other Than Custody Evaluations Speaker/Author, South Texas College of Law, Ad Litem Appointments in Publication Divorce Speaker, State Bar of Texas, Pro Bono Seminar, Terminations and Adoptions Speaker, HBA Pro se Drafting Clinic, Pro Se Pleadings Speaker, Texas Family Law Practice for Paralegals, Handling Custody Disputes Speaker/Author, South Texas College of Law, Family Law Conference, Depositions and Other Forms of Discovery "What you Don't Know Can Hurt You" Moderator, South Texas College of Law, Family Law Conference, 2001 Speaker, State Bar of Texas, Telephone Seminar, Value of Real Property Co-Course Director, 309th Judicial District Court of Harris County, Texas 2000, Nuts and Bolts of Being an Ad Litem Speaker/Author, 309th Judicial District Court of Harris County, Texas, Ad Litem s Role in Trial; Ad Litem s Interaction with Mental Health Professionals Speaker, South Texas College of Law, 10th Annual Family Law Conference, Local Rules, Associates Judges, Scheduling Orders and Discovery Speaker/Author, Advanced Family Law Drafting Course, Ethics, Grievances, Malpractice and Professionalism Speaker/Author, Houston Bar Association, Second Annual Family Law Institute, The Family Lawyer s Top Ten Ethical Issues Speaker/Author, South Texas College of Law, 9th Annual Family Law Conference, Top Ten Ethical Issues in Family Law Cases Speaker/Author, University of Houston Family Law Practice Institute, 1997, Depositions in Family Law Cases Speaker, Advanced Family Law Seminar, Family Violence Speaker, South Texas College of Law, Family Law Conference, How to Establish and Enforce Child Support Speaker/Author, Advanced Family Law Seminar, The Top Ten Things You Should Do in Preparation of and in Taking the Board Certification Exam in Family Law Speaker, South Texas College of Law - Family Law Conference, Mediation Training Seminar Breakout Leader

13 LYNN KAMIN Attorney at Law Board Certified Family Law JENKINS & KAMIN, L.L.P. Two Greenway Plaza, Suite 600 Houston, Texas (713) (713) (fax) EDUCATION: Legal: South Texas College of Law, J.D., 1988 Graduate: San Francisco State University, University of California, Berkley, M.A. Undergraduate: University of Arizona, B.A. SPECIALIZATION: PROFESSIONAL AFFILIATIONS: Board Certified, Family Law Texas Board of Legal Specialization Texas Academy of Family Law Specialists Board of Directors American Academy of Matrimonial Lawyers Fellow Treasurer (Texas Chapter) Secretary (Texas Chapter) Vice President (Texas Chapter) Texas Board of Legal Specialization Board Certified in Family Law College of the State Bar of Texas Houston Bar Association Family Law Section Board of Directors 1991, 1993, 1995, 1996 Secretary 1995, 1996 Editor Family Law Handbook 1996 Chair-Elect 1997 Chair Immediate Past Chair Houston Bar Association Judicial Selection Committee Houston Bar Association Probate Bench/Bar Committee 1996, 1998 Houston Bar Association HAY Center Committee Houston Bar Foundation Fellow Houston Bar Foundation Board 2002 Chair - Houston Bar Foundation 2004 Immediate Past Chair Houston Bar Foundation 2005 South Texas College of Law - Family Law Trial Institute Faculty Member Burta Rhodes Raborn Inns of Court Family Law Treasurer Burta Rhodes Raborn Inns of Court 2001; 2002 Chair 2004 Immediate Past Chair Gulf Coast Family Law Specialists Board of Directors 1995, 1997, 1999 Child Abuse Task Force Member Children s Assessment Center Advisory Board 1993 to 2000 Family Law 2000 Task Force Aid to Victims of Domestic Abuse (AVDA) Board Member Present

14 PROFESSIONAL AWARDS/HONORS: Recipient of the South Texas College of Law Public Service Award. Recipient of the 2005 Annual David Gibson Award for Professionalism and Excellence in the Practice of Family Law. Presented by the Gulf Coast Family Law Specialists. Recipient of the 2005 Annual Burta Rhodes Raborn Inn of Court Mentor Award. Selected as a Super Lawyer by Texas Monthly Magazine each year since inception of award in 2003 Listed in Best Lawyers in America, from Selected as Top 100 Texas Super Lawyers, Selected as Top 50 Women Attorneys in Texas, Selected as Top 100 Houston Area Super Lawyers, AUTHOR & LECTURER: Trial Strategies: Know Where You re Going, Innovations Breaking Boundaries in Custody Litigation, Houston, Texas, January 2012 (Moderator). Psychological Issues and Testing, Advanced Family Law Course, San Antonio, Texas, August 2011 (presented with Dr. Jonathan Gould and Keith M. Nelson). The Future of Premarital, Postmartial and Cohabitation Agreements, New Frontiers In Marital Property Law, Scottsdale, Arizona, October 2010 (presented with Diana Friedman, Thomas Greenwald, Katherine Kinser, and Jimmy Vaught) Theming Your Case; and Using Electronic Media to Make Your Presentation, Family Law on the Front Lines, July 2010, San Antonio, Texas (presented with Wendy Burgower) Grandparents: What New? South Texas College of Law 24 th Annual Family Law Conference, March Affective Use of a Paralegal in Family Law, Texas Young Lawyers Association, Ten Minute Mentor Program, 2008 (presented with Nan Gibson) Tilting at Windmills: Representing Non-Parents in Suits Affecting Parent-Child Relationships, University of Texas School of Law, 8 th Annual Family Law on the Front Lines, 2008, Galveston, Texas (co-authored by Lynn Kamin, Sharon D. Cammack and Stephanie G. Solomon) How to Effectively Cross Examine a Psychologist, University of Texas School of Law, 7 th Annual Family Law on the Front Lines, 2007, Galveston, Texas (presented with Jonathan Gould; authored by Jonathan Gould) Track II: Evidence and Discovery How to Obtain and Use Electronic Evidence and Other Data: Online, Offline an Legally, 33 rd Annual Advanced Family Law Course, August 2007, San Antonio, Texas (presented with John Wiechman, Michael F. Pezzulli and Rick Robertson) Jurisdictional Jeopardy: HC, UCCJEA, PKPA and Other ABC s of Custody, University of Texas School of Law, 6 th Annual Family Law on the Front Lines, 2006, Galveston, Texas (presented with Miriam L. Ackels and K. Nicole Voyles; authored by Miriam L. Ackels) Use It and Lose It Substance Abuse Issues in Divorce, State Bar of Texas 2006, Advanced Family Law Course (co-authored with Amy N. Montgomery) What to Do When the Grievance Committee Calls, State Bar of Texas, 28 th Annual Advanced Family Law Court, Dallas, Texas 2002 (co-authored with Sharon D. Cammack)

15 Extraterritorial Custody Issues The UCCJEA, PKPA, and The Hague Convention Advanced Family Law Seminar, San Antonio, Texas 2001 Direct and Cross Examination of a Mental HCE, Family Law Section, HBA, Houston, Texas Meeting and Making Objections, Family Law Section, HBA, Houston, Texas, Nuts and Bolts ; Serving as Ad Litem, Houston, Texas Dealing with Social Issues, Ad Litem, and CASA Volunteers: A Curse of a Blessing? Advanced Family Law Seminar, San Antonio, Texas 1998 Child Support: Issues & Modification, University of Houston, Houston, Texas, Child Support: Issues & Modifications, University of Houston Family Law Practice Seminar, Houston, Texas, 1997 Retirement, Pensions, and That Ugly Word.QDRO s, Advanced Family Law Seminar, San Antonio, Texas, 1997 Valuation and Division Workshop, Advanced Family Law Seminar, San Antonio, Texas 1997 Interim Attorney Fees, American Inns of Court, Family Law, 1996 Handling Sexual Abuse Allegations, Advanced Family Law Seminar, San Antonio, Texas 1996 Houston Bar Association Family Law Handbook, Editor, 1996 Modifying Child Support, South Texas College of Law, Houston Volunteer Lawyers, 1994, 1995 and 1996 Maximizing Your Talents in Educating your Lawyers on What You Can and Cannot Do, Fifty Annual Family Law Seminar for General Practitioner and Legal Assistant, South Texas College of Law, 1995 The Role of Mental Health Care Experts in Child Custody Cases, Baylor College of Medicine Houston, Texas. The Role of Attorney Ad Litem in Child Custody Cases, Child Abuse Task Force Houston, Texas The Role of Attorney Ad Litem in Child Custody Cases, CASA Volunteers, Harris County, Texas. Serving as Ad Litem: The Nuts and Bolts Director, Houston Bar Association Family Law Section, 1994, Houston, Texas. Custody and Conservatorship, South Texas College of Law, Fourth Annual Family Law Seminar, 1994

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17 BRIAN L. WEBB The Webb Family Law Firm, P.C. Republic Center 325 N. St. Paul, Suite 4450 Dallas, Texas Telephone: (214) Fax: (214) BRIAN L. WEBB, born Philadelphia, Pennsylvania, April 12, 1949; admitted to bar, 1975, Texas; U.S. District Court, Northern District of Texas, 1981; U.S. Supreme Court, Board Certified, Family Law, Texas Board of Legal Specialization (1980). EDUCATION: University of New Mexico (1971); Southern Methodist University (J.D., 1975) AWARDS & DISTINCTIONS: JUDGE SAM EMISON AWARD The Sam Emison Award is bestowed upon a person who has demonstrated a significant commitment and made significant contributions to the practice of family law in the State of Texas. DAN PRICE AWARD The Dan Price Award is presented in memory of Dan Price who exemplified service to the profession and to the public. The award is presented to a practicing attorney in recognition of an unreserved commitment to clients and to the legal profession as a volunteer and legal writer. ADJUNCT PROFESSOR, TEXAS MATRIMONIAL PROPERTY, SOUTHERN METHODIST UNIVERSITY DEDMAN SCHOOL OF LAW GO-TO LAWYER, FINALIST IN FAMILY LAW, Texas Lawyer (2012) BEST LAWYERS IN AMERICA (listed since 1989) TOP 100 TEXAS SUPER LAWYERS, Texas Monthly TOP 100 DALLAS/FORT WORTH SUPER LAWYERS, Texas Monthly BEST LAWYERS IN DALLAS, D Magazine (multiple selections) BEST FAMILY LAWYERS IN DALLAS, D Magazine -1-

18 CHARTER DIPLOMATE, AMERICAN COLLEGE of FAMILY TRIAL LAWYERS (limited to 100 members nationally) BOARD CERTIFIED, FAMILY LAW, TEXAS BOARD of LEGAL SPECIALIZATION OFFICES & POSITIONS: PRESIDENT, TEXAS FAMILY LAW FOUNDATION PAST CHAIR, FAMILY LAW SECTION, STATE BAR OF TEXAS PAST CHAIR, TEXAS CHAPTER AMERICAN ACADEMY of MATRIMONIAL LAWYERS PAST PRESIDENT, TEXAS ACADEMY of FAMILY LAW SPECIALISTS PAST CHAIR, FAMILY LAW SECTION, DALLAS BAR ASSOCIATION PAST MEMBER, BOARD OF GOVERNORS, AMERICAN ACADEMY of MATRIMONIAL LAWYERS PAST MEMBER, BOARD OF GOVERNORS, USA CHAPTER INTERNATIONAL ACADEMY of MATRIMONIAL LAWYERS IMMEDIATE PAST PRESIDENT, AMERICAN ACADEMY of MATRIMONIAL LAWYERS FOUNDATION SECTION REPRESENTATIVE TO STATE BAR OF TEXAS BOARD OF DIRECTORS PAST CHAIR, FAMILY LAW COMMITTEE, INTERNATIONAL SECTION, AMERICAN BAR ASSOCIATION MEMBER, PATTERN JURY CHARGE COMMITTEE, FAMILY LAW, STATE BAR OF TEXAS P A S T MEMBER, EXAM C O MMISSION, AMERICAN ACADEMY of MATRIMONIAL LAWYERS PAST MEMBER, CONTINUING LEGAL EDUCATION COMMITTEE, STATE BAR of TEXAS PAST MEMBER, FAMILY LAW EXAM COMMITTEE, TEXAS BOARD OF LEGAL SPECIALIZATION PAST MEMBER, FORMBOOK COMMITTEE, TEXAS FAMILY PRACTICE MANUAL -2-

19 SERVED AS SPECIAL PROSECUTOR, STATE BAR of TEXAS COMMISSION FOR LAWYER DISCIPLINE PAST MEMBER, FEE DISPUTE COMMITTEE, DALLAS BAR ASSOCIATION COURSE DIRECTOR: ADVANCED FAMILY LAW COURSE, STATE BAR of TEXAS (won national award for excellence) MARRIAGE DISSOLUTION COURSE, STATE BAR of TEXAS TRIAL INSTITUTE, TEXAS ACADEMY of FAMILY LAW SPECIALISTS NEW FRONTIERS IN FAMILY LAW, STATE BAR of TEXAS (TWICE) AMERICAN ACADEMY of MATRIMONIAL LAWYERS WINTER MEETING AMERICAN ACADEMY of MATRIMONIAL LAWYERS SPRING MEETING ADR TRAINING: CERTIFIED FAMILY LAW MEDIATOR CERTIFIED FAMILY LAW ARBITRATOR (AAML) COLLABORATIVE LAW TRAINING MEMBERSHIPS: AMERICAN COLLEGE of FAMILY TRIAL LAWYERS AMERICAN ACADEMY of MATRIMONIAL LAWYERS AMERICAN ACADEMY of MATRIMONIAL LAWYERS FOUNDATION INTERNATIONAL ACADEMY of MATRIMONIAL LAWYERS TEXAS ACADEMY of FAMILY LAW SPECIALISTS AMERICAN BAR ASSOCIATION (FAMILY LAW SECTION & INTERNATIONAL LAW SECTION) STATE BAR of TEXAS TEXAS BAR FOUNDATION DALLAS BAR ASSOCIATION (FAMILY LAW SECTION) -3-

20 DALLAS BAR FOUNDATION TARRANT COUNTY FAMILY LAW BAR ASSOCIATION TEXAS CENTER FOR LEGAL ETHICS & PROFESSIONALISM TEXAS FAMILY LAW FOUNDATION EDUCATION: SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW, J.D., 1975 UNIVERSITY OF NEW MEXICO, BACHELOR S DEGREE, 1971 ATTENDED EVERY ADVANCED FAMILY LAW COURSE SINCE 1977 (STATE BAR of TEXAS) AUTHOR & SPEAKER: CO-AUTHOR, FAMILY LAW IN TEXAS, 4 VOLUME SET (LEXIS-NEXIS) FORMER FACULTY MEMBER, FAMILY LAW TRIAL ADVOCACY COURSE, AMERICAN BAR ASSOCIATION Author (Partial listing): FAMILY LAW: SPECIAL APPEARANCES AND TRANSFERS, Trial Lawyers Forum, 1980; POST AND PRENUPTIAL AGREEMENTS, 1985; FAMILY CORPORATIONS: DIVISION ON DIVORCE - REMEDIES & THEORIES, 1986; PRELIMINARIES: TEMPORARY ORDERS AND INTERIM FEES, 1987, 1989; THE FAMILY HOME IN DIVORCE, 1987; FAMILY CORPORATIONS: DIVISION ON DIVORCE - REMEDIES & THEORIES REVISITED, 1987; CONTRACTUAL ALIMONY? PROS & CONS FOR BOTH SIDES, JOINT CUSTODY, THE NEW LAW, THE USE OF MEDIATION, 1988; COURT ORDERED JOINT MANAGING CONSERVATORSHIP, A NEW ERA, 1988; PRENUPTIAL AGREEMENTS, THE NEW LAW, TEMPORARY HEARINGS, 1988; FAMILY CORPORATIONS & PIERCING THE CORPORATE VEIL, 1988; HABEAS CORPUS, 1989, 1990, 1991, 1992, 1993; INTERSPOUSAL TORTS, 1989; TECHNIQUES OF PROPERTY DIVISION, 1991; DEALING WITH EXPERTS AND PSYCHOLOGICAL TESTS, 1991; ENFORCEMENT OF AGREED DECREES AND AGREEMENTS, 1991; EVALUATING A CLOSELY HELD BUSINESS, 1992; HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION, 1992, 1993, 1998; REQUESTED ADMISSIONS AND INTERROGATORIES IN PROPERTY CASES, 1993; WHAT IS A TEMPORARY HEARING, 1992; DIRECT AND CROSS-EXAM OF VALUATION EXPERTS, 1993; Co-Author, FAMILY LAW, TRIAL LAWYERS SERIES, Knowles Publishing Co.; ALTERNATIVE PROPERTY RECOVERIES, 1994; DIRECT AND CROSS-EXAM OF MENTAL HEALTH EXPERTS, 1995; STRATEGIES AND TACTICS FOR WINNING UNUSUAL ISSUES IN PROPERTY AND LIABILITY LITIGATION 1995; COMMON EVIDENCE PROBLEMS IN MATRIMONIAL CASES 1995; CUSTODY LITIGATION: PART ONE: -4-

21 DISCOVERY, EXPERTS, TRIAL, STRATEGY, ETC. 1995, updated 1996, 1998; AD LITEMS 1996; JURISDICTIONAL ISSUES BETWEEN FAMILY AND PROBATE COURTS 1996; REBUTTING THE JMC PRESUMPTION: WHY, HOW AND WHEN AND THE USE OF PERSUASIVE EVIDENCE 1996; EFFECTIVE USE OF LEGAL ASSISTANTS AND STAFF 1998; DEALING WITH SPECIAL PROBLEMS ATTENDANT TO DIVISION 1998; DISQUALIFICATION OF JUDGES & LAWYERS AND RECUSAL OF JUDGES, INCLUDING THE VISITING JUDICIARY: INAPPROPRIATE BEHAVIOR 1999; DEFENDING AGAINST EXOTIC PROPERTY DIVISION THEORIES 1999; CHARACTERIZATION AND TRACING 2000; RELOCATION: SHOULD I STAY, OR CAN I GO? 2000; ORGANIZING THE TRIAL NOTEBOOK 2000, 2001; TEMPORARY ORDERS: HOW TO LOOK PREPARED EVEN IF YOU MET YOUR CLIENT YESTERDAY, 2001; GRANDPARENTS, WHERE THEY STAND NOW: TROXEL, AN ANALYSIS OF THE U.S. SUPREME COURT RULING 2001; ALL THOSE WITH STANDING, STEP FORWARD...NOT SO FAST GRANDMA! POST- TROXEL THIRD PARTY STANDING TO BRING SAPCR S, AND REPRESENTING EXTENDED FAMILY AND NON-FAMILY MEMBERS 2001; NEW BOUNDARIES FOR GRANDPARENTS VISITATION 2001; DEALING WITH ABUSIVE LAWYERS AND TACTICS 2002; JURISDICTION, VENUE, TRANSFER AND STANDING 2003; INTERNATIONAL ISSUES AND THE HAGUE CONVENTION 2005; DEALING WITH DIFFICULT CLIENTS IN A DIVORCE 2006; TRYING THE CUSTODY CASE 2007; CHARACTERIZATION AND TRACING 2007; THE WORLD OF COURT APPOINTEES; AMICUS ATTORNEYS, GUARDIAN AD LITEMS, ATTORNEYS AD LITEM AND SOCIAL STUDIES 2007; WHO ARE ALL THESE PEOPLE? 3 RD PARTY STANDING AND INTERVENORS 2007; YOU AND YOUR PARALEGAL 2008; LEGISLATIVE UPDATE 2008; PARENTING ACROSS STATE LINES ; 2009; CHANGES IN PROPERTY ISSUES AND TRENDS FOR THE FUTURE 2009; WHO S YOUR DADDY?: PATERNITY FRAUD 2010; THE NEW REIMBURSEMENT STATUTE: THE RETURN OF COMMON LAW? 2010; TOP TEN WAYS TO SHOW THE CLIENT YOU CARE AND AVOID A GRIEVANCE ; 2010 Speaker (Partial listing): Marriage Dissolution Course, State Bar of Texas, 1985, 1986, 1987, 1990, 1991, 1992, 1993, 1994, 1996, 1997, 1998, 1999, 2000, 2001, 2003, 2005, 2006, 2007, 2010, 2011; Advanced Family Law Course, State Bar of Texas, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2007, 2008, 2009, 2010, 2011; Second World Congress on Family Law and the Rights of Children and Youth, 1997; New Frontiers in Marital Property Law, 1996, 1997, 1998, 1999, 2008; North American Symposium on International Child Abduction, 1993; SMU Texas Family Litigation Course, 1987; Annual Conference of Texas Association of Domestic Relations Offices, 1987; Panel on Joint Custody, 1983; Dallas Bar Family Law Section; Dallas Association of Young Lawyers, A Day With the Experts, 1986, 1987; Family Law in Texas, Legal Education Institute, 1988, 1989, 1990; Midyear Meeting, American Academy of Matrimonial Lawyers, 1988, 1990, 1993, 2001, 2008; Trial Institute, Texas Academy of Family Law Specialists, 1988, 1990, 1991, 1992, 1993, 1994, 1995; -5-

22 Advanced Family Law Drafting Course, 1992, 2008; Tarrant County Family Law Bar Association, 1988, 1995, 1998, 2001; Family Law for the Experienced Non- Specialist, State Bar of Texas, 1989; Regional Judicial Conference, 1990; South Texas College of Law, Family Law for the General Practitioner and Legal Assistant, 1992; Pro Bono Training Seminar, International Child Abduction Treaty, 1992; Annual Meeting Family Law Section, State Bar of Texas, 1992; Dallas Chapter of the Texas Society of Certified Public Accountants Annual Meeting, 1993, 1994, 1995; Family Law Practice Institute, University of Houston Law Center, 1994, 1995, 1996, 1997, 1999, 2000; Texas Family Law for the Paralegal, 1995, 1997, 1999; Nevada Family Law Seminar, 2007; University of Texas Parent-child Relationships, 2007, 2009; University of Texas Family Law on the Front Lines,

23 SUMMARY OF FAMILY LAW LEGISLATIVE ACTION (as of June 1, 2013) TABLE OF CONTENTS TITLE 1. THE MARRIAGE RELATIONSHIP... 1 Subtitle A. Marriage... 1 CHAPTER 2. THE MARRIAGE RELATIONSHIP... 1 Subchapter A. Application For Marriage License Application Form. - AMENDED (c). Absent Applicant. - AMENDED Affidavit of Absent Applicant. - AMENDED Maintenance Of Records By Clerk Relating To License For Absent Applicant- ADDED (c). Issuance of License - AMENDED Aids Information; Posting On Internet. - AMENDED (b). Family Trust Fund - AMENDED... 3 Subchapter C. Ceremony and Return of License Expiration Of License. - AMENDED... 4 If a marriage ceremony has not been conducted before the 90th [31st] day after the date the license is issued, the marriage license expires (a)(b). Persons Authorized To Conduct Ceremony AMENDED/ADDED (b). Ceremony - AMENDED... 4 Subchapter E. Filing Suit (c). Waiver of Service - AMENDED... 4 Subchapter H. Trial and Appeal (c). Costs, Attorney Fees and Expenses ADDED... 5 Subtitle C. Dissolution Of Marriage... 5 CHAPTER 8 SPOUSAL COURT-ORDERED MAINTENANCE... 5 Subchapter B. Court-Ordered Maintenance Eligibility For Maintenance[; Court Order]-AMENDED Enforcement of Maintenance Order AMENDED/ADDED... 5 Subchapter C. Income Withholding (a-1-2). Income Withholding; General Rule ADDED... 5 CHAPTER 9 POST DIVORCE PROCEEDINGS... 6 Subchapter A. Suit to Enforce Enforcement of Decree AMENDED Continuing Authority To Enforce Decree AMENDED (a)&(b). Enforcement of Division of Property AMENDED Delivery of Property AMENDED... 7 TITLE 2. CHILD IN RELATION TO THE FAMILY... 7 Subtitle A. Limitations Of Minority... 7 CHAPTER 32 CONSENT TO TREATMENT OF CHILD BY NON PARENT OR CHILD... 7 Subchapter B. Immunization Consent to Immunization by Child-ADDED... 7 Subchapter C. Miscellaneous Provisions Consent By Minor To Housing Or Care Provided Through Transitional Living... 7 Program -ADDED... 7

24 TITLE 4-PROTECTIVE ORDERS AND FAMILY VIOLENCE... 8 Subtitle B. Protective Orders... 8 CHAPTER 81- GENERAL PROVISIONS Representation By Prosecuting Attorney In Certain Other [Subsequent]... 8 Actions AMENDED... 8 CHAPTER 82- APPLYING FOR PROTECTIVE ORDERS... 8 Subchapter A. Application for Protective Order Venue. AMENDED Contents Of Application.-AMENDED... 9 CHAPTER 85- ISSUANCE OF PROTECTIVE ORDERS... 9 Subchapter A. Findings and Orders Requirements of Order Applying to any Party.-AMENDED Requirements Of Order Applying To Person Who Committed Family Violence- AMENDED (a). Contents of Application.-AMENDED TITLE 5 THE PC RELATIONSHIP & SAPCR Subtitle A General Provisions CHAPTER 101. DEFINITIONS Digitized Signature ADDED CHAPTER 102. FILING SUIT Use Of Digitized Signature ADDED CHAPTER 107 SPECIAL APPOINTMENTS & SOCIAL STUDIES Subchapter A. Court-Ordered Representation In SAPCR Powers and Duties of Guardian ad Litem for Child AMENDED/ADDED Powers and Duties of Attorney ad Litem for Child & Amicus Attorney AMENDED (b)(c). Additional Duties of Attorney ad Litem for a Child AMENDED/ADDED (f). Access to Child and Information Relating to Child REPEALED Subchapter B. Appointments In Certain Suits Part 1. Appointments In Suits By Governmental Entity (a)(c). Mandatory Appointment Of Attorney Ad Litem For Parent-AMENDED Powers And Duties Of Attorney Ad Litem For Parent-AMENDED Powers And Duties Of Attorney Ad Litem For Alleged Father-AMENDED Powers And Duties Of Attorney Ad Litem For Certain Parents-ADDED Subtitle B. Suits Affecting The Parent-Child Relationship CHAPTER 153 CONSERVATORSHIP, POSSESSION, AND ACCESS Subchapter A. General Provisions History of Domestic Violence or Sexual Abuse -AMENDED/ADDED Subchapter F. Standard Possession Order General Terms & Conditions -AMENDED Additional Periods Of Possession Or Access After Conclusion Of Military Deployment- REPEALED (a). Alternative Beginning & Ending Possession Times-AMENDED CHAPTER 154. CHILD SUPPORT Subchapter A. Court Orderd Child Support (a-1). Support of Child - AMENDED (b). Net Resources-AMENDED Subchapter B. Computing Net Resources Available For Payment Of Child Support Intentional Unemployment or Underemployment-AMENDED Wage and Salary Presumption-AMENDED CHAPTER 156. MODIFICATION Subchapter A. General Provisions... 20

25 (a-2). Grounds for Modification of Child Support-AMENDED CHAPTER 157. ENFORCEMENT Subchapter D. Hearing And Enforcement Order-AMENDED (b). Proof -AMENDED (d &(e)). Proof - REPEALED CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT Subchapter A. Income Withholding Required; General Provisions Required Forms For Income-AMENDED Subchapter C. Rights and Duties of Employer Remitting Withheld Payments-AMENDED/ADDED CHAPTER 161 TERMINATION OF THE PARENT-CHILD RELATIONSHIP Subchapter A. Grounds (e) and (i). Termination When Parent is Petitioner-AMENDED Termination When Pregnancy Results From Criminal Act - AMENDED CHAPTER 162. ADOPTION Subchapter A. Adoption Of A Child (a)(a-1). Right To Examine Records AMENDED/ADDED Subtitle C. Judicial Resources And Services CHAPTER 201. ASSOCIATE JUDGE Subchapter A. Associate Judge (a) and (e). De Novo Hearing Before Referring Court - AMENDED Subchapter B. Associate Judge For Title Iv-D Cases (b). De Novo Hearing Before Referring Court - AMENDED Subtitle D. Administrative Services CHAPTER 232. SUSPENSION OF LICENSE (b)(b-1). Order Suspending License For Failure To Pay Child Support-AMENDED (b). Denial Of License Issuance Or Renewal-AMENDED Subtitle E. Protection Of The Child CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT Subchapter A. General Provisions Failure To Report; Penalty - AMENDED CHAPTER 264. CHILD WELFARE SERVICES Subchapter J. Family Drug Court Program-REDESGINATED to GOV T CODE OTHER LEGISLATION AFFECTING THE FAMILY CODE BUSINESS & COMMERCE CODE CHAPTER 20 REGULATION OF CONSUMER CREDIT REPORTING AGENCIES Subchapter E. Security Freeze for Child-ADDED Definitions Applicability; Conflict Of Law Proof Of Authority And Identification Use Of Record To Consider Creditworthiness Or For Other Purposes Prohibited Request To Place A Security Freeze; Creation Of Record Release Of Consumer Report Prohibited Period Of Security Freeze Removal Of Security Freeze Fees Effect Of Material Misrepresentation Of Fact Remedy For Violation CIVIL PRACTICE & REMEDIES CODE... 28

26 TITLE 2. TRIAL, JUDGMENT, AND APPEAL Subtitle D. Appeals CHAPTER 51 APPEALS (c). Appeal from Interlocutory Orders AMENDED EDUCATION CODE TITLE 2. PUBLIC EDUCATION Subtitle C. Local Organization And Governance CHAPTER 12. CHARTERS Subchapter A. General Provisions Applicability Of Laws And Rules To Campus Or Program Granted Charter -AMENDED (b-1). Status -ADDED GOVERNMENT CODE TITLE 2. JUDICIAL BRANCH Subtitle G. Attorneys CHAPTER 82. LICENSING OF ATTORNEYS Subchapter A. Board Of Law Examiners (b). Contract for Legal Services - AMENDED (a-c) & (g). Civil Liability For Prohibited Barratry AMENDED/ADDED CHAPTER 121. GENERAL PROVISIONS Definition Oversight CHAPTER 122 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM-REDESGINATED [ ]. Family Drug Court Program Defined [ ]. Authority To Establish Program [ ]. Participant Payment For Treatment And Services [ ]. Funding CHAPTER 123 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM-REDESGINATED AND TRANSFERRED CHAPTER 124 [SUBCHAPTER J]. VETERAN S COURT PROGRAM-REDESGINATED AND TRANSFERRED CHAPTER 125 [SUBCHAPTER J]. MENTAL HEALTH COURT PROGRAM-REDESGINATED AND TRANSFERRED Subtitle I. Court Fees And Costs CHAPTER 103. ADDITIONAL COURT FEES AND COSTS Subchapter A. General Provisions Additional Miscellaneous Fees And Costs: Government Code-ADDED Additional Miscellaneous Fees And Costs: Health And Safety Code-ADDED TITLE 7. INTERGOVERNMENTAL RELATIONS CHAPTER 772. GOVERNMENTAL PLANNING (a-e)&(j). Specialty Courts Advisory Council-AMENDED/ADDED TITLE 8. PUBLIC RETIREMENT SYSTEMS Subtitle C. Teacher Retirement System Of Texas CHAPTER 824. BENEFITS Subchapter B. Beneficiaries (a) and (b). Post-Retirement Change In Retirement Payment Plan [Revocation Of Beneficiary Designation] For Certain Retirement Benefit Options- AMENDED (b). Change Of Beneficiary After Retirement-AMENDED CHAPTER 825. ADMINISTRATION Subchapter B. Board Of Trustees (c), (e), and (e-1). Trustees Appointed By Governor - AMENDED... 35

27 (d) and (e). Applicability Of Certain Laws - ADDED Subchapter C. Officers And Employees Of Board Of Trustees (d). Medical Board. -ADDED (a), (b), and (c) Retirement System Ethics Policy - AMENDED Subchapter D. Management Of Assets (b) Expense Account - AMENDED (d). Transfers From Interest [Or State Contribution] Account- AMENDED Use [And Reporting] Of State Contributions [And Other Appropriations And Assets] Subchapter E. Collection Of Membership Fees And Contributions (e). Collection Of State Contributions [And Appropriated Operating Expenses] AMENDED (b). Payroll Deductions Or Installment Payments For Special Service Credit -AMENDED 37 Subchapter F. Miscellaneous Administrative Procedures (a), (b), (c), (f), and (g). Record Confidentiality - AMENDED (a) Information About Member Positions - AMENDED TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES Subtitle H. Health Benefits And Other Coverages For Governmental Employees CHAPTER TEXAS PUBLIC SCHOOL EMPLOYEES GROUP BENEFITS PROGRAM Subchapter A. General Provisions (1) Definition Of Dependent And Related Terms - AMENDED Subchapter E. Contributions (c) Participation Contribution For Optional Plan - AMENDED CHAPTER TEXAS SCHOOL EMPLOYEES UNIFORM GROUP HEALTH COVERAGE 40 Subchapter A. General Provisions Definition Of Dependent -AMENDED PENAL CODE TITLE 6. OFFENSES AGAINST THE FAMILY CHAPTER 25. OFFENSES AGAINST THE FAMILY Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence Case - ADDED TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION (d)(e). Barratry And Solicitation Of Professional Employment-AMENDED THIS COMPILATION OF NEW LEGISLATION INCLUDES ONLY THOSE STAUTES AFFECTING TITLES 1, 2, 4, AND 5 OF THE TEXAS FAMILY CODE. ALSO INCLUDED ARE SOME REVISIONS TO OTHER STAUTES AFFECTING FAMILY LAW. THERE WERE ALSO AMENDMENTS TO STATUTES INVOLVING THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES VI-D PROCEEDING, ALL OF WHICH ARE NOT INCLUDED IN THIS WRITING. THE TEXT OF THOSE AMENDMENTS CAN BE VIEWED BY ACCESSING: CAVEAT: THE LEGISLATION CONTAINED IN THIS PAPER IS BEING REPORTED BEFORE THE EXPIRATION OF THE GOVERNOR S VETO PERIOD. BEFORE CITING ANY BILL AS AUTHORITY, THE READER IS ADVISED TO VERIFY THAT THE BILL HAS NOT BEEN VETOED BY THE GOVERNOR

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29 Subtitle A. Marriage TITLE 1. THE MARRIAGE RELATIONSHIP CHAPTER 2. THE MARRIAGE RELATIONSHIP Subchapter A. Application For Marriage License Application Form. - AMENDED.. (12) a space for the address to which the applicants desire the completed license to be mailed; and (13) a printed box for each applicant to check indicating that the applicant wishes to make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the Office of Early Childhood Coordination of the Health and Human Services Commission. Source: SB 1836 Eff. Date: 9/1/ (c). Absent Applicant. - AMENDED (c) Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is[: [(1) on active duty as] a member of the armed forces of the United States stationed in another country in support of combat or another military operation [or the state military forces; or [(2) confined in a correctional facility, as defined by Section 1.07, Penal Code]. Source: HB 869 Eff. Date: 9/1/13 applies to an application for a marriage license filed on or after the effective date of this Act. An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose Affidavit of Absent Applicant. - AMENDED The affidavit of an absent applicant must include: (1) the absent applicant's full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any; (2) a declaration that the absent applicant has not been divorced within the last 30 days; (3) a declaration that the absent applicant is: (A) not presently married; or (B) married to the other applicant and they wish to marry again; (4) a declaration that the other applicant is not presently married and is not related to the absent applicant as: (A) an ancestor or descendant, by blood or adoption; (B) a brother or sister, of the whole or half blood or by adoption; (C) a parent's brother or sister, of the whole or half blood or by adoption; (D) a son or daughter of a brother or sister, of the whole or half blood or by adoption; (E) a current or former stepchild or stepparent; or