The Legislative Update on Family Law is a valuable resource to keep Texas lawyers in the know regarding changes to the Texas Family Code and other statutes. Why are these changes important? An attorney’s competence as a litigator is measured in part by their ability to keep up with changes to the law. The 2023 Legislative Update was presented in Austin on June 30 by Gregory Beane, Warren Cole, Kristal C. Thomson and the Hon. Judy Warne.

Discovery Just for Family Lawyers. HB 2850

Initial Disclosures were embraced by some family lawyers, but disdained by many. The former group felt that we should get organized; gather and produce our documentation that could be used at hearings, mediation or trial; and promptly proffer our fact witnesses, legal theories of the case, and other documentation 30 days after an original answer was filed in a case. The latter group has long argued that initial disclosures were not merited in every family law matter and that they unduly burdened pro se litigants. The 88th Legislature provided an entirely new section, Title VI, “Civil Procedure,” pertaining to discovery in family law cases. There is an unexpected kicker. The statute includes language that, “Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the Texas Supreme Court,” effective Sept. 1, 2023. Will this statute be challenged as unduly infringing on the power of the judicial branch?

Protective Orders Are Impacted By Many Bills, Including HB1432, SB 48, HB3698, SB578, HB2715 and HB660