Bill Text: TX HB1849 | 2021-2022 | 87th Legislature | Enrolled

Texas House Bill 1849 (Prior Session Legislation)

Bill Title: Relating to the modification of an order establishing the conservatorship or possession of or access to a child after a conservator's death.

Sponsorship: Partisan Bill (Republican 4)

Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1849 Detail]

Download: Texas-2021-HB1849-Enrolled.html



	H.B. No. 1849




	AN ACT
	relating to the modification of an order establishing the
	conservatorship or possession of or access to a child after a
	conservator's death.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be cited as Chelsea Maddux's Law.
	SECTION 2. Subchapter B, Chapter 156, Family Code, is
	amended by adding Section 156.106 to read as follows:
	Sec. 156.106. MODIFICATION OF ORDER BASED ON DEATH OF
	CONSERVATOR. (a) The death of a person who is a conservator of a
	child is a material and substantial change of 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.
	(b) Before modifying an order under Section 156.101 based on
	a material and substantial change of circumstances described by
	Subsection (a), the court must consider any term or condition of the
	order or portion of a decree that denies possession of the child to
	a parent or imposes restrictions or limitations on the parent's
	right to possession of or access to the child. The court may include
	those restrictions or limitations in a modification of the order if
	the court finds that the restrictions or limitations continue to be
	in the best interest of the child.
	SECTION 3. The change in law made by this Act applies to a
	suit for modification that is pending in a trial court on the
	effective date of this Act or that is filed on or after that date.
	SECTION 4. This Act takes effect September 1, 2021.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 1849 was passed by the House on April
	21, 2021, by the following vote: Yeas 144, Nays 3, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1849 on May 28, 2021, by the following vote: Yeas 142, Nays 0,
	1 present, not voting.

	______________________________
	Chief Clerk of the House

	I certify that H.B. No. 1849 was passed by the Senate, with
	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
	0.

	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date

	__________________
	Governor