Bill Text: TX HB851 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the admission by a party of a material and substantial change of circumstances in a motion to modify an order in certain family law cases.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB851 Detail]

Download: Texas-2021-HB851-Enrolled.html
 
 
  H.B. No. 851
 
 
 
 
AN ACT
  relating to the admission by a party of a material and substantial
  change of circumstances in a motion to modify an order in certain
  family law cases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 8.057, Family Code, is amended by adding
  Subsection (c-1) to read as follows:
         (c-1)  A party who files a motion to modify maintenance based
  on a material and substantial change of circumstances may not be
  considered on that basis alone to have admitted a material and
  substantial change of circumstances regarding any other matter.
         SECTION 2.  Subchapter A, Chapter 156, Family Code, is
  amended by adding Section 156.007 to read as follows:
         Sec. 156.007.  CERTAIN FILINGS NOT ADMISSIONS. A party who
  files a motion to modify an order that provides for the appointment
  of a conservator of a child, provides the terms and conditions of
  conservatorship, provides for the possession of or access to a
  child, or provides for the support of a child based on a material
  and substantial change of circumstances may not be considered on
  that basis alone to have admitted a material and substantial change
  of circumstances regarding any other matter.
         SECTION 3.  The changes in law made by this Act apply only to
  a motion to modify that is filed on or after the effective date of
  this Act. A motion to modify filed before that date is governed by
  the law in effect on the date the motion was filed, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 851 was passed by the House on April
  21, 2021, by the following vote:  Yeas 144, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 851 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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