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AN ACT
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relating to the admission by a party of a material and substantial |
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change of circumstances in a motion to modify an order in certain |
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family law cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.057, Family Code, is amended by adding |
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Subsection (c-1) to read as follows: |
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(c-1) A party who files a motion to modify maintenance based |
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on a material and substantial change of circumstances may not be |
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considered on that basis alone to have admitted a material and |
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substantial change of circumstances regarding any other matter. |
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SECTION 2. Subchapter A, Chapter 156, Family Code, is |
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amended by adding Section 156.007 to read as follows: |
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Sec. 156.007. CERTAIN FILINGS NOT ADMISSIONS. A party who |
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files a motion to modify an order that provides for the appointment |
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of a conservator of a child, provides the terms and conditions of |
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conservatorship, provides for the possession of or access to a |
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child, or provides for the support of a child based on a material |
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and substantial change of circumstances may not be considered on |
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that basis alone to have admitted a material and substantial change |
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of circumstances regarding any other matter. |
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SECTION 3. The changes in law made by this Act apply only to |
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a motion to modify that is filed on or after the effective date of |
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this Act. A motion to modify filed before that date is governed by |
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the law in effect on the date the motion was filed, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 851 was passed by the House on April |
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21, 2021, by the following vote: Yeas 144, Nays 5, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 851 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |