By: West S.B. No. 1923
(In the Senate - Filed March 5, 2025; March 17, 2025, read
first time and referred to Committee on Jurisprudence;
April 7, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 0; April 7, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1923 By: Johnson
A BILL TO BE ENTITLED
AN ACT
relating to the modification of certain orders providing for the
support of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 156.409, Family Code, is amended by
amending Subsections (a), (a-1), and (b) and adding Subsections
(c), (d), and (e) 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 to the person having
physical possession of the child the primary care and 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 under
Chapter 34 with the person having physical possession of the child;
or
(5) entered into a parental child safety placement
agreement under Section 264.902 with the person having physical
possession of the child.
(a-1) If the court modifies a support order under this
section, the court shall order the obligor to pay the person or
entity having physical possession of the child any unpaid child
support that is not subject to offset or reimbursement under
Section 157.008 and that accrues after the date the sole or joint
managing conservator:
(1) relinquishes possession and control of the child,
whether voluntarily or in a proceeding under Title 3 or Chapter 262;
[or]
(2) is incarcerated; or
(3) enters into an authorization agreement under
Chapter 34 or a parental child safety placement agreement under
Section 264.902 with the person having physical possession of the
child.
(b) The court shall give preference to a motion filed under
Subsection (a)(5) and shall hold a hearing on the motion not later
than the 30th day after the date the motion is filed.
(c) An order rendered under this section that modifies a
support order on the ground described by Subsection (a)(5):
(1) must include a finding that 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 entered into a parental child safety placement agreement under
Section 264.902 with the person having physical possession of the
child; and
(2) is temporary and expires on the earlier of:
(A) the 90th day after the date the parental
child safety placement agreement is signed; or
(B) the expiration date included in the order.
(d) If a respondent has been ordered under Chapter 105 to
provide the court and the state case registry with the respondent's
current mailing address or e-mail address, notice [Notice] of a
motion for modification or hearing on 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-mail through the electronic filing system
established under Section 72.031, Government Code.
(e) A notice or document associated with a motion for
modification under this section not otherwise described by
Subsection (d) may be delivered in the manner described by
Subdivision (2) of that subsection.
SECTION 2. The change in law made by this Act applies only
to a motion for modification of an order providing for the support
of a child filed on or after the effective date of this Act. A
motion for modification of an order providing for the support of a
child filed before the effective date of this Act is governed by the
law in effect on the date the motion was filed, and the former law is
continued for that purpose.
SECTION 3. This Act takes effect September 1, 2025.
* * * * *