Texas 2025 - 89th Regular

Texas House Bill HB3181 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1871 AMF-F
2	2	By: Dutton H.B. No. 3181
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement of a court order for possession of or
10	10	access to a child and related order modifications.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 156, Family Code, is
13	13	amended by adding Section 156.107 to read as follows:
14	14	Sec. 156.107. MODIFICATION OF ORDER ON FINDING OF CONTEMPT
15	15	FOR DENIAL OF POSSESSION AND ACCESS. A finding by the court that a
16	16	conservator is in contempt of court for the denial of court-ordered
17	17	possession of or access to a child and has previously been found in
18	18	contempt of court for failure to comply with the terms of an order
19	19	providing for possession of or access to the child constitutes a
20	20	material and substantial change of circumstances sufficient to
21	21	justify a temporary order and modification of an existing court
22	22	order or portion of a decree that provides for the appointment of a
23	23	conservator or that sets the terms and conditions of
24	24	conservatorship or for the possession of or access to the child.
25	25	SECTION 2. Section 157.165, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as
28	28	provided by Subsection (b), the [The] court may place the
29	29	respondent on community supervision and suspend commitment if the
30	30	court finds that the respondent is in contempt of court for failure
31	31	or refusal to obey an order rendered as provided in this title.
32	32	(b) The court may not place the respondent on community
33	33	supervision and suspend commitment if the court finds that the
34	34	respondent:
35	35	(1) is in contempt of court for the failure or refusal
36	36	to obey an order for possession of or access to a child; and
37	37	(2) has previously been found in contempt of court for
38	38	the failure or refusal to obey an order for possession of or access
39	39	to a child.
40	40	SECTION 3. Section 157.167, Family Code, is amended by
41	41	amending Subsection (c) and adding Subsection (e) to read as
42	42	follows:
43	43	(c) Except as provided by Subsections [Subsection] (d) and
44	44	(e), for good cause shown, the court may waive the requirement that
45	45	the respondent pay attorney's fees and costs if the court states the
46	46	reasons supporting that finding.
47	47	(e) The court may not waive the requirement that the
48	48	respondent pay attorney's fees and costs if the court finds that the
49	49	respondent has previously been found in contempt of court for the
50	50	denial of court-ordered possession of or access to the child who is
51	51	the subject of the proceeding.
52	52	SECTION 4. Section 157.168, Family Code, is amended by
53	53	amending Subsections (a) and (a-2) and adding Subsection (d) to
54	54	read as follows:
55	55	(a) Unless a party shows good cause why the order should not
56	56	be rendered [Except as provided in Subsection (a-1)], a court shall
57	57	[may] order additional periods of possession of or access to a child
58	58	to compensate for the denial of court-ordered possession or access.
59	59	(a-2) The additional periods of possession or access:
60	60	(1) except as provided by Subsection (d), must be of
61	61	the same type and duration of the possession or access that was
62	62	denied;
63	63	(2) may include weekend, holiday, and summer
64	64	possession or access; and
65	65	(3) must occur on or before the second anniversary of
66	66	the date the court finds that court-ordered possession or access
67	67	has been denied.
68	68	(d) If the court finds that the person denying possession or
69	69	access has previously been found in contempt of court for the denial
70	70	of court-ordered possession or access with respect to the child who
71	71	is the subject of the proceeding, the additional periods of
72	72	possession of or access to the child ordered by the court under this
73	73	section must be, in total, twice the duration of the periods of
74	74	possession and access that were denied.
75	75	SECTION 5. Sections 157.168(a-1) and (c), Family Code, are
76	76	repealed.
77	77	SECTION 6. (a) Section 156.107, Family Code, as added by
78	78	this Act, applies to a suit for modification that is pending in a
79	79	trial court on the effective date of this Act or that is filed on or
80	80	after that date.
81	81	(b) The changes in law made by this Act to Sections 157.165
82	82	and 157.168, Family Code, apply to a suit affecting the
83	83	parent-child relationship that is pending in a trial court on the
84	84	effective date of this Act or that is filed on or after the
85	85	effective date of this Act.
86	86	(c) The change in law made by this Act to Section 157.167,
87	87	Family Code, applies only to an enforcement order rendered on or
88	88	after the effective date of this Act. An enforcement order rendered
89	89	before the effective date of this Act is governed by the law in
90	90	effect on the date the order was rendered, and the former law is
91	91	continued in effect for that purpose.
92	92	SECTION 7. This Act takes effect September 1, 2025.