By:  Staples                                                      S.B. No. 1657
	(In the Senate - Filed March 11, 2005; March 30, 2005, read 
first time and referred to Committee on Jurisprudence; May 2, 2005, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 4, Nays 0; May 2, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1657                                   By:  Wentworth


A BILL TO BE ENTITLED

AN ACT


relating to the modification of the conservatorship or possession 
of or access to a child by certain persons who fail to pay 
court-ordered child support.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 156.101, Family Code, is amended to read 
as follows:     
	Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER 
ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS.  The court 
may modify an order that provides for the appointment of a 
conservator of a child, that provides the terms and conditions of 
conservatorship, or that provides for the possession of or access 
to a child if modification would be in the best interest of the 
child and:
		(1)  the circumstances of the child, a conservator, or 
other party affected by the order have materially and substantially 
changed since the earlier of:
			(A)  the date of the rendition of the order; or                              
			(B)  the date of the signing of a mediated or 
collaborative law settlement agreement on which the order is based;
		(2)  the child is at least 12 years of age and has filed 
with the court, in writing, the name of the person who is the 
child's preference to have the exclusive right to designate the 
primary residence of the child; [or]
		(3)  the conservator who has the exclusive right to 
designate the primary residence of the child has voluntarily 
relinquished the primary care and possession of the child to 
another person for at least six months; or
		(4)  a conservator or other person entitled to 
possession of or access to the child has failed to pay court-ordered 
child support for more than 12 consecutive months.
	SECTION 2.  This Act takes effect September 1, 2005.                           



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