| 1 | 1 | | 86R8507 MM-D |
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| 2 | 2 | | By: Sanford H.B. No. 3595 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the modification of an order establishing the |
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| 8 | 8 | | conservatorship or possession of or access to a child after a |
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| 9 | 9 | | conservator's death. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 156, Family Code, is |
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| 12 | 12 | | amended by adding Section 156.106 to read as follows: |
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| 13 | 13 | | Sec. 156.106. MODIFICATION OF ORDER BASED ON DEATH OF |
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| 14 | 14 | | CONSERVATOR. (a) The death of a person who is a conservator of a |
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| 15 | 15 | | child is a material and substantial change of circumstances |
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| 16 | 16 | | sufficient to justify a temporary order and modification of an |
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| 17 | 17 | | existing court order or portion of a decree that provides for the |
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| 18 | 18 | | appointment of a conservator or that sets the terms and conditions |
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| 19 | 19 | | of conservatorship or for the possession of or access to the child. |
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| 20 | 20 | | (b) Before modifying an order under Section 156.101 based on |
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| 21 | 21 | | a material and substantial change of circumstances described by |
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| 22 | 22 | | Subsection (a), the court must consider any term or condition of the |
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| 23 | 23 | | order or portion of a decree that denies possession of the child to |
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| 24 | 24 | | a parent or imposes restrictions or limitations on the parent's |
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| 25 | 25 | | right to possession of or access to the child. The court shall |
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| 26 | 26 | | include those restrictions or limitations in a modification of the |
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| 27 | 27 | | order if the court finds that the restrictions or limitations |
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| 28 | 28 | | continue to be in the best interest of the child. |
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| 29 | 29 | | SECTION 2. The change in law made by this Act applies to a |
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| 30 | 30 | | suit for modification that is pending in a trial court on the |
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| 31 | 31 | | effective date of this Act or that is filed on or after that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2019. |
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