By: Cook, et al. (Senate Sponsor - Hughes) H.B. No. 851

(In the Senate - Received from the House April 21, 2021; May 10, 2021, read first time and referred to Committee on State Affairs; May 14, 2021, reported favorably by the following vote: Yeas 9, Nays 0; May 14, 2021, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 8.057, Family Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) A party who files a motion to modify maintenance 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.

SECTION 2. Subchapter A, Chapter 156, Family Code, is amended by adding Section 156.007 to read as follows:

Sec. 156.007. CERTAIN FILINGS NOT ADMISSIONS. 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 may not be considered on that basis alone to have admitted a material and substantial change of circumstances regarding any other matter.

SECTION 3. The changes in law made by this Act apply only to a motion to modify that is filed on or after the effective date of this Act. A motion to modify filed before that date is governed by the law in effect on the date the motion was filed, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2021.

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