| 1 | 1 | | 88R20287 MLH-F |
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| 2 | 2 | | By: Cook, Smith H.B. No. 2948 |
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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 a possession order and temporary |
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| 8 | 8 | | possession of a child when a conservator of the child is |
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| 9 | 9 | | incapacitated. |
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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 156.107 to read as follows: |
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| 13 | 13 | | Sec. 156.107. MODIFICATION ON INCAPACITATION OF |
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| 14 | 14 | | CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or |
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| 15 | 15 | | permanent incapacitation of a conservator of a child is a material |
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| 16 | 16 | | and substantial change in circumstances sufficient to justify a |
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| 17 | 17 | | temporary order and modification of an existing court order or |
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| 18 | 18 | | portion of a decree that provides for the appointment of a |
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| 19 | 19 | | conservator or that sets the terms and conditions of |
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| 20 | 20 | | conservatorship or for the possession of or access to the child. |
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| 21 | 21 | | For purposes of this section, a conservator is incapacitated if the |
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| 22 | 22 | | conservator experiences a physical condition, mental condition, or |
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| 23 | 23 | | period of incarceration that renders the conservator substantially |
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| 24 | 24 | | unable to: |
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| 25 | 25 | | (1) provide food, clothing, or shelter to the child; |
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| 26 | 26 | | (2) care for the child's physical health; or |
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| 27 | 27 | | (3) care for the conservator's physical health. |
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| 28 | 28 | | (b) Except as provided by Subsection (c), if a conservator |
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| 29 | 29 | | of a child becomes incapacitated, the child's other conservator, if |
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| 30 | 30 | | another conservator has been appointed for the child, is entitled |
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| 31 | 31 | | to exercise all of the incapacitated conservator's periods of |
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| 32 | 32 | | possession of the child, immediately following the onset of the |
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| 33 | 33 | | incapacitation and continuing until the earlier of the date: |
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| 34 | 34 | | (1) the incapacitated conservator is again capable of |
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| 35 | 35 | | caring for the child; or |
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| 36 | 36 | | (2) the court, due to the material and substantial |
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| 37 | 37 | | change in circumstances caused by the incapacitation, renders an |
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| 38 | 38 | | order under this chapter modifying the appointment of the child's |
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| 39 | 39 | | conservators or the terms and conditions of conservatorship or for |
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| 40 | 40 | | the possession of or access to the child. |
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| 41 | 41 | | (c) A possessory conservator of a child is not entitled to |
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| 42 | 42 | | temporary possession under Subsection (b) if the existing order or |
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| 43 | 43 | | portion of a decree sought to be modified denied possession of the |
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| 44 | 44 | | child by the possessory conservator or imposed restrictions or |
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| 45 | 45 | | limitations on the possessory conservator's right to possession of |
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| 46 | 46 | | or access to the child. |
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| 47 | 47 | | (d) Nothing in this section may be construed to prevent a |
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| 48 | 48 | | party with standing to file suit under this title from filing for |
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| 49 | 49 | | modification under this chapter in response to a material and |
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| 50 | 50 | | substantial change in circumstances. |
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| 51 | 51 | | SECTION 2. Section 156.107, Family Code, as added by this |
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| 52 | 52 | | Act, applies only in regard to a conservator who becomes |
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| 53 | 53 | | incapacitated on or after the effective date of this Act. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2023. |
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