BILL ANALYSIS

H.B. 851

By: Cook

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

It has been noted that recent case law affecting a motion to modify an order in certain family law cases has established that a material and substantial change of circumstances regarding a specific matter, such as spousal maintenance or child support, does not constitute an admission of a material and substantial change of circumstances regarding any other matter. H.B. 851 seeks to provide for a similar clarification in statute by establishing that a party filing a motion to modify an order in certain family law cases may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 851 amends the Family Code to establish that a party who files a motion to modify any of the following orders in a family law case based on a material and substantial change of circumstances may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter:

· a spousal maintenance order;

· an order that provides for the appointment of a conservator of a child;

· an order that provides the terms and conditions of conservatorship;

· an order that provides for the possession of or access to a child; or

· an order that provides for the support of a child.

EFFECTIVE DATE

September 1, 2021.