By: Cook H.B. No. 2688
A BILL TO BE ENTITLED
AN ACT
relating to the modification of certain orders in a suit affecting
the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.1011 to read as follows:
Sec. 156.1011. REQUIRED FINDINGS FOR CERTAIN
MODIFICATIONS; PARENTAL PRESUMPTION. (a) In a suit seeking to
modify an order appointing a child's parent as the child's managing
conservator, the court may not remove the parent as the child's
managing conservator unless the court finds that the parent's
continued appointment would not be in the best interest of the child
because the continued appointment would significantly impair the
child's physical health or emotional development.
(b) In a suit by a nonparent seeking a modification that has
the effect of creating a designation, or changing the designation
of the person who has the exclusive right to designate the primary
residence of the child, if one or both of the child's parents were
named in the final order as a managing conservator of the child, the
court shall designate or maintain the designation of a parent
managing conservator as the person with the exclusive right to
designate the child's primary residence unless the court finds that
the designation would significantly impair the child's physical
health or emotional development.
(c) Section 153.373 applies in a suit for modification under
this subchapter.
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 the
effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.