Texas 2025 - 89th Regular

Texas Senate Bill SB1923 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West, et al. S.B. No. 1923
2		-
3		-
	1	+	By: West S.B. No. 1923
	2	+	(In the Senate - Filed March 5, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Jurisprudence;
	4	+	April 7, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 5, Nays 0; April 7, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1923 By: Johnson
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the modification of certain orders providing for the
9	14		support of a child.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 156.409, Family Code, is amended by
12		-	amending Subsections (a), (a-1), and (b) and adding ~~Subsection (c)~~
13		-	to read as follows:
	17	+	amending Subsections (a), (a-1), and (b) and adding Subsections
	18	+	(c), (d), and (e) to read as follows:
14	19		(a) The court shall, on the motion of a party or a person
15	20		having physical possession of the child, modify an order providing
16	21		for the support of the child to provide that the person having
17	22		physical possession of the child [for at least six months] shall
18	23		have the right to receive and give receipt for payments of support
19	24		for the child and to hold or disburse money for the benefit of the
20	25		child if the sole managing conservator of the child or the joint
21	26		managing conservator who has the exclusive right to determine the
22	27		primary residence of the child has:
23	28		(1) voluntarily relinquished to the person having
24	29		physical possession of the child the primary care and possession of
25	30		the child for at least six months;
26	31		(2) been incarcerated or sentenced to be incarcerated
27	32		for at least 90 days; [or]
28	33		(3) relinquished the primary care and possession of
29		-	the child in a proceeding under Title 3 or Chapter 262; or
	34	+	the child in a proceeding under Title 3 or Chapter 262;
30	35		(4) entered into an authorization agreement under
31		-	Chapter 34 with the person having physical possession of the child.
	36	+	Chapter 34 with the person having physical possession of the child;
	37	+	or
	38	+	(5) entered into a parental child safety placement
	39	+	agreement under Section 264.902 with the person having physical
	40	+	possession of the child.
32	41		(a-1) If the court modifies a support order under this
33	42		section, the court shall order the obligor to pay the person or
34	43		entity having physical possession of the child any unpaid child
35	44		support that is not subject to offset or reimbursement under
36	45		Section 157.008 and that accrues after the date the sole or joint
37	46		managing conservator:
38	47		(1) relinquishes possession and control of the child,
39	48		whether voluntarily or in a proceeding under Title 3 or Chapter 262;
40	49		[or]
41	50		(2) is incarcerated; or
42	51		(3) enters into an authorization agreement under
43		-	Chapter 34 with the person having physical possession of the child.
44		-	(b) If a respondent has been ordered under Chapter 105 to
	52	+	Chapter 34 or a parental child safety placement agreement under
	53	+	Section 264.902 with the person having physical possession of the
	54	+	child.
	55	+	(b) The court shall give preference to a motion filed under
	56	+	Subsection (a)(5) and shall hold a hearing on the motion not later
	57	+	than the 30th day after the date the motion is filed.
	58	+	(c) An order rendered under this section that modifies a
	59	+	support order on the ground described by Subsection (a)(5):
	60	+	(1) must include a finding that the sole managing
	61	+	conservator of the child or the joint managing conservator who has
	62	+	the exclusive right to determine the primary residence of the child
	63	+	has entered into a parental child safety placement agreement under
	64	+	Section 264.902 with the person having physical possession of the
	65	+	child; and
	66	+	(2) is temporary and expires on the earlier of:
	67	+	(A) the 90th day after the date the parental
	68	+	child safety placement agreement is signed; or
	69	+	(B) the expiration date included in the order.
	70	+	(d) If a respondent has been ordered under Chapter 105 to
45	71		provide the court and the state case registry with the respondent's
46	72		current mailing address or e-mail address, notice [Notice] of a
47	73		motion for modification or hearing on a motion for modification
48	74		under this section may be served:
49	75		(1) in the manner for serving a notice under Section
50	76		157.065; or
51	77		(2) by e-mail through the electronic filing system
52	78		established under Section 72.031, Government Code.
53		-	(c) A notice or document associated with a motion for
	79	+	(e) A notice or document associated with a motion for
54	80		modification under this section not otherwise described by
55		-	Subsection (b) may be delivered in the manner described by
	81	+	Subsection (d) may be delivered in the manner described by
56	82		Subdivision (2) of that subsection.
57	83		SECTION 2. The change in law made by this Act applies only
58	84		to a motion for modification of an order providing for the support
59	85		of a child filed on or after the effective date of this Act. A
60	86		motion for modification of an order providing for the support of a
61	87		child filed before the effective date of this Act is governed by the
62	88		law in effect on the date the motion was filed, and the former law is
63	89		continued for that purpose.
64	90		SECTION 3. This Act takes effect September 1, 2025.
	91	+	* * * * *