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


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.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Enrolled) 2021-05-31 - Sent to the Governor [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       
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