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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification of a possession order and temporary |
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possession of a child when a conservator of the child is |
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incapacitated. |
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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 156.107 to read as follows: |
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Sec. 156.107. MODIFICATION ON INCAPACITATION OF |
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CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or |
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permanent incapacitation of a conservator of a child is a material |
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and substantial change in circumstances sufficient to justify a |
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temporary order and modification of an existing court order or |
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portion of a decree that provides for the appointment of a |
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conservator or that sets the terms and conditions of |
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conservatorship or for the possession of or access to the child. |
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For purposes of this section, a conservator is incapacitated if the |
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conservator experiences a physical condition, mental condition, or |
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period of incarceration that renders the conservator substantially |
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unable to: |
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(1) provide food, clothing, or shelter to the child; |
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(2) care for the child's physical health; or |
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(3) care for the conservator's physical health. |
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(b) Except as provided by Subsection (c), if a conservator |
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of a child becomes incapacitated, the child's other conservator, if |
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another conservator has been appointed for the child, is entitled |
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to exercise all of the incapacitated conservator's periods of |
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possession of the child, immediately following the onset of the |
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incapacitation and continuing until the earlier of the date: |
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(1) the incapacitated conservator is again capable of |
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caring for the child; or |
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(2) the court, due to the material and substantial |
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change in circumstances caused by the incapacitation, renders an |
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order under this chapter modifying the appointment of the child's |
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conservators or the terms and conditions of conservatorship or for |
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the possession of or access to the child. |
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(c) A possessory conservator of a child is not entitled to |
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temporary possession under Subsection (b) if the existing order or |
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portion of a decree sought to be modified denied possession of the |
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child by the possessory conservator or imposed restrictions or |
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limitations on the possessory conservator's right to possession of |
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or access to the child. |
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(d) Nothing in this section may be construed to prevent a |
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party with standing to file suit under this title from filing for |
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modification under this chapter in response to a material and |
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substantial change in circumstances. |
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SECTION 2. Section 156.107, Family Code, as added by this |
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Act, applies only in regard to a conservator who becomes |
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incapacitated on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |