By: Dawson H.B. No. 3217
A BILL TO BE ENTITLED
relating to modification of an order for possession of or access to
a child; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.105 to read as follows:
Sec. 156.105. MODIFICATION FOR REFUSAL TO COMPLY WITH
COURT-ORDERED POSSESSION AND ACCESS; PENALTY. (a) It is a material
and substantial change of circumstances sufficient to justify a
modification of a court order or portion of a decree that provides
for the appointment of a conservator or that sets the terms and
conditions of conservatorship or for the possession of or access to
a child if the managing conservator has:
(1) engaged in a pattern or history of noncompliance
with the terms of the court order or decree that provide for the
possession of or access to the child; and
(2) been previously held in contempt of court for
violating the terms of the order or decree that provide for the
possession of or access to the child.
(b) A person commits an offense if the person files a suit to
modify an order or portion of a decree based on the grounds
permitted under Subsection (a) and the person knows that the
managing conservator has not been previously held in contempt of
court for violating terms of the court order or decree that provide
for the possession of or access to the child. An offense under this
subsection is a Class B misdemeanor.
SECTION 2. This Act takes effect September 1, 2003.