89R15683 DNC-D
By: Villalobos H.B. No. 4376
A BILL TO BE ENTITLED
AN ACT
relating to the modification of a visitation plan for a child in the
conservatorship of the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 263, Family Code, is
amended by adding Section 263.110 to read as follows:
Sec. 263.110. EFFECT OF POSITIVE DRUG TEST ON PARENTAL
VISITATION. (a) In this section, "controlled substance" and
"marihuana" have the meanings assigned by Section 481.002, Health
and Safety Code.
(b) If the results of a drug test ordered for a parent by the
court indicate the presence in the parent's body of marihuana,
other than low-THC cannabis prescribed for the parent by a
physician as authorized by Chapter 169, Occupations Code, or of a
controlled substance not prescribed for the parent by a health care
practitioner, the court shall modify an original or amended
visitation plan to terminate the parent's visitation with the
child.
(c) A parent whose visitation with a child is terminated
under Subsection (b) may file a motion with the court requesting the
modification of an original or amended visitation plan to reinstate
the parent's visitation with the child only after the results of a
subsequent drug test taken by the parent indicate that a drug
described by Subsection (b) is not present in the parent's body.
SECTION 2. This Act takes effect September 1, 2025.