Bill Text: TX HB2948 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the modification of a possession order and temporary possession of a child when a conservator of the child is incapacitated.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2023-05-11 - Referred to Jurisprudence [HB2948 Detail]

Download: Texas-2023-HB2948-Engrossed.html

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88R20287 MLH-F
By: Cook, Smith H.B. No. 2948

A BILL TO BE ENTITLED
AN ACT
relating to the modification of a possession order and temporary
possession of a child when a conservator of the child is
incapacitated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.107 to read as follows:
Sec. 156.107. MODIFICATION ON INCAPACITATION OF
CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or
permanent incapacitation of a conservator of a child is a material
and substantial change in circumstances sufficient to justify a
temporary order and modification of an existing court order or
portion of a decree that provides for the appointment of a
conservator or that sets the terms and conditions of
conservatorship or for the possession of or access to the child.
For purposes of this section, a conservator is incapacitated if the
conservator experiences a physical condition, mental condition, or
period of incarceration that renders the conservator substantially
unable to:
(1) provide food, clothing, or shelter to the child;
(2) care for the child's physical health; or
(3) care for the conservator's physical health.
(b) Except as provided by Subsection (c), if a conservator
of a child becomes incapacitated, the child's other conservator, if
another conservator has been appointed for the child, is entitled
to exercise all of the incapacitated conservator's periods of
possession of the child, immediately following the onset of the
incapacitation and continuing until the earlier of the date:
(1) the incapacitated conservator is again capable of
caring for the child; or
(2) the court, due to the material and substantial
change in circumstances caused by the incapacitation, renders an
order under this chapter modifying the appointment of the child's
conservators or the terms and conditions of conservatorship or for
the possession of or access to the child.
(c) A possessory conservator of a child is not entitled to
temporary possession under Subsection (b) if the existing order or
portion of a decree sought to be modified denied possession of the
child by the possessory conservator or imposed restrictions or
limitations on the possessory conservator's right to possession of
or access to the child.
(d) Nothing in this section may be construed to prevent a
party with standing to file suit under this title from filing for
modification under this chapter in response to a material and
substantial change in circumstances.
SECTION 2. Section 156.107, Family Code, as added by this
Act, applies only in regard to a conservator who becomes
incapacitated on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.