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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. This Act may be cited as Chelsea Maddux's Law. |
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SECTION 2. 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 may include |
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those restrictions or limitations in a modification of the order if |
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the court finds that the restrictions or limitations continue to be |
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in the best interest of the child. |
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SECTION 3. 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 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. 1849 was passed by the House on April |
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21, 2021, by the following vote: Yeas 144, Nays 3, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1849 on May 28, 2021, by the following vote: Yeas 142, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1849 was passed by the Senate, with |
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amendments, on May 24, 2021, by the following vote: Yeas 30, Nays |
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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 |