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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification of an order establishing the |
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conservatorship or possession of or access to a child after a |
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conservator's death. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 156, Family Code, is |
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amended by adding Section 156.106 to read as follows: |
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Sec. 156.106. MODIFICATION OF ORDER BASED ON DEATH OF |
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CONSERVATOR. (a) The death of a person who is a conservator of a |
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child is a material and substantial change of circumstances |
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sufficient to justify a temporary order and modification of an |
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existing court order or portion of a decree that provides for the |
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appointment of a conservator or that sets the terms and conditions |
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of conservatorship or for the possession of or access to the child. |
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(b) Before modifying an order under Section 156.101 based on |
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a material and substantial change of circumstances described by |
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Subsection (a), the court must consider any term or condition of the |
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order or portion of a decree that denies possession of the child to |
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a parent or imposes restrictions or limitations on the parent's |
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right to possession of or access to the child. The court shall |
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include those restrictions or limitations in a modification of the |
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order if the court finds that the restrictions or limitations |
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continue to be in the best interest of the child. |
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SECTION 2. The change in law made by this Act applies to a |
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suit for modification that is pending in a trial court on the |
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effective date of this Act or that is filed on or after that date. |
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SECTION 3. This Act takes effect September 1, 2021. |