Bill Text: TX HB3595 | 2019-2020 | 86th Legislature | Introduced
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 1)
Status: (Introduced - Dead) 2019-05-01 - No action taken in committee [HB3595 Detail]
Download: Texas-2019-HB3595-Introduced.html
| 86R8507 MM-D | ||
| By: Sanford | H.B. No. 3595 | |
|
|
||
|
|
||
| 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, 2019. | ||
