BILL ANALYSIS

Senate Research Center	H.B. 851
	By: Cook; Neave (Hughes)
	State Affairs
	5/11/2021
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

This bill codifies case law clarifying that a party filing a motion to modify a maintenance order, under Chapter 8 of the Family Code, based on a material and substantial change does not constitute an admission of a material and substantial change of circumstances regarding any other matter.

Additionally, the bill amends Chapter 156 of the Family Code. This addition clarifies that a party filing a motion to modify an order regarding conservatorship, possession, or support of a child based on a material and substantial change does not constitute an admission of a material and substantial change of circumstances regarding any other matter.

H.B. 851 amends current law relating to the admission by a party of a material and substantial change of circumstances in a motion to modify an order in certain family law cases.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 8.057, Family Code, by adding Subsection (c-1), to prohibit a party who files a motion to modify maintenance based on a material and substantial change of circumstances from being considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.

SECTION 2. Amends Subchapter A, Chapter 156, Family Code, by adding Section 156.007, as follows:

Sec. 156.007. CERTAIN FILINGS NOT ADMISSIONS. Prohibits a party who files a motion to modify an order that provides for the appointment of a conservator of a child, provides the terms and conditions of conservatorship, provides for the possession of or access to a child, or provides for the support of a child based on a material and substantial change of circumstances from being considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2021.