2025S0172-1 03/04/25
By: West S.B. No. 1923
A BILL TO BE ENTITLED
AN ACT
relating to the modification of a court order based on a parental
child safety placement agreement or an authorization agreement with
an adult caregiver.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 156.409, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsections (a-4),
(a-5), (c), and (d) to read as follows:
(a) The court shall, on the motion of a party or a person
having physical possession of the child, modify an order providing
for the support of the child to provide that the person having
physical possession of the child [for at least six months] shall
have the right to receive and give receipt for payments of support
for the child and to hold or disburse money for the benefit of the
child if the sole managing conservator of the child or the joint
managing conservator who has the exclusive right to determine the
primary residence of the child has:
(1) voluntarily relinquished the primary care and
possession of the child to the person having physical possession of
the child for at least six months;
(2) been incarcerated or sentenced to be incarcerated
for at least 90 days; [or]
(3) relinquished the primary care and possession of
the child in a proceeding under Title 3 or Chapter 262;
(4) entered into an authorization agreement with an
adult caregiver under Chapter 34; or
(5) entered into a parental child safety placement
agreement under Section 264.902.
(a-4) An order that modifies a support order based on
Subsection (a)(5) is temporary and must include a finding that the
modification is based on a parental child safety placement
agreement. The temporary order terminates 90 calendar days after
the date the agreement is signed or on a termination date indicated
in the temporary order, whichever is earlier.
(a-5) The court shall give preference to a motion filed
pursuant to Subsection (a)(5) and shall hold a hearing on the motion
not later than the 30th day after a request for hearing has been
filed with the court.
(b) A [Notice of a] motion for modification under this
section may be served:
(1) in the manner for serving a notice under Section
157.065; or
(2) by e-mailing a copy of the motion to the respondent
and filing a copy of the notice of hearing through the electronic
filing manager authorized by Rule 21, Texas Rules of Civil
Procedure.
(c) Other legal documents and required notices under
Subsection (b) shall be delivered through the electronic filing
manager.
(d) The party or the party's attorney of record who serves a
motion pursuant to Subsection (b) shall file a signed certificate
of service stating the date of mailing and the manner in which the
document was served on the other party. Confirmation of service
through the electronic filing manager satisfies the requirements of
this section.
SECTION 2. This Act takes effect September 1, 2025.