89R22221 MLH-F
By: Cook H.B. No. 1914
Substitute the following for H.B. No. 1914:
By: Leach C.S.H.B. No. 1914
A BILL TO BE ENTITLED
AN ACT
relating to the modification of a possession order and temporary
possession of a child when a conservator of the child is
incapacitated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.107 to read as follows:
Sec. 156.107. MODIFICATION ON INCAPACITATION OF
CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or
permanent incapacitation of a conservator of a child is a material
and substantial change in circumstances and a significant
impairment of the child's physical health or emotional development
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.
For purposes of this section, a conservator is incapacitated if the
conservator experiences a physical condition, mental condition, or
period of incarceration that renders the conservator substantially
unable to:
(1) provide food, clothing, or shelter to the child;
(2) care for the child's physical health; or
(3) care for the conservator's physical health.
(b) Except as provided by Subsection (c), if a conservator
of a child becomes incapacitated, the child's other conservator, if
another conservator has been appointed for the child, is entitled
to exercise the incapacitated conservator's periods of possession
of the child to the degree necessary to ensure the health and
welfare of the child, starting immediately following the onset of
the incapacitation and continuing until the earlier of the date:
(1) the incapacitated conservator is again capable of
caring for the child; or
(2) the court, due to the material and substantial
change in circumstances caused by the incapacitation, renders an
order under this chapter modifying the appointment of the child's
conservators or the terms and conditions of conservatorship or for
the possession of or access to the child.
(c) A possessory conservator of a child is not entitled to
temporary possession under Subsection (b) if the existing order or
portion of a decree sought to be modified denied possession of the
child by the possessory conservator or imposed restrictions or
limitations on the possessory conservator's right to possession of
or access to the child in order to prevent significant impairment of
the child's physical health or emotional development.
(d) Nothing in this section may be construed to prevent a
party with standing to file suit under this title from filing for
modification under this chapter in response to a material and
substantial change in circumstances.
SECTION 2. Section 156.107, Family Code, as added by this
Act, applies only in regard to a conservator who becomes
incapacitated on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.