Bill Text: TX HB1849 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1849 Detail]
Download: Texas-2021-HB1849-Comm_Sub.html
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: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1849 Detail]
Download: Texas-2021-HB1849-Comm_Sub.html
87R4417 MLH-D | ||
By: Sanford, Swanson, Krause | H.B. No. 1849 |
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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. 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 shall | ||
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 2. 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 3. This Act takes effect September 1, 2021. |