BILL ANALYSIS

Senate Research Center	H.B. 3181
	By: Dutton (Paxton)
	State Affairs
	5/16/2025
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The issue of noncompliance with court orders regarding custody of a child can negatively impact the child's wellbeing and the rights of the parties involved. Under current Texas law, courts may order additional time or access to compensate for denial, but the enforcement mechanisms and penalties for contempt related to denial of this time are limited and may not sufficiently deter repeated violations. Additionally, courts may waive attorney's fees and costs for respondents found in contempt under certain conditions, which can reduce consequences for noncompliance.

H.B. 3181 addresses these issues, strengthening enforcement by mandating that courts shall order this additional time to compensate for denial unless good cause is shown otherwise. This bill allows courts to modify custody or visitation orders if a parent is found in contempt more than once.

H.B. 3181 amends current law relating to the enforcement of a court order for possession of or access to a child and related order modifications.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 156, Family Code, by adding Section 156.107, as follows:

Sec. 156.107.� MODIFICATION OF ORDER ON FINDING OF CONTEMPT FOR DENIAL OF POSSESSION AND ACCESS.� Provides that a finding by the court that a conservator is in contempt of court for the denial of court-ordered possession of or access to a child and has previously been found in contempt of court at least three times for failure to comply with the terms of an order providing for possession of or access to the child constitutes a material and substantial change of circumstances sufficient to justify modification of an existing court order or portion of a decree that provides for the appointment of a conservator or that sets the terms and conditions of conservatorship or for the possession of or access to the child.

SECTION 2. Amends Section 157.165, Family Code, as follows:

Sec. 157.165.� PROBATION OF CONTEMPT ORDER.� (a) Creates an exception under Subsection (b).

(b) Prohibits the court from placing the respondent on community supervision and suspend commitment if the court finds that the respondent is in contempt of court for the failure or refusal to obey an order for possession of or access to a child and has previously been found in contempt of court at least three times for the failure or refusal to obey an order for possession of or access to a child.

SECTION 3. Amends Section 157.167, Family Code, by amending Subsection (c) and adding Subsection (e), as follows:

(e) Prohibits the court from waiving the requirement that the respondent pay attorney's fees and costs if the court finds that the respondent has previously been found in contempt of court at least three times for the denial of court-ordered possession of or access to the child who is the subject of the proceeding.

SECTION 4. Amends Section 157.168, Family Code, by amending Subsections (a) and (a-2) and adding Subsection (d), as follows:

(a) Requires a court, unless a party shows good cause why the order should not be rendered, to order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access. Deletes existing text authorizing a court, except as provided in Subsection (a-1) (relating to requiring a court to order additional periods under certain circumstances unless a party shows good cause why the order should not be rendered), to order additional periods of possession of or access to a child to compensate for the denial of court-ordered possession or access.

(a-2) Requires that the additional periods of possession or access meet certain criteria, including, except as provided by Subsection (d), being of the same type and duration of the possession or access that was denied.

(d) Requires that the additional periods of possession of or access to the child ordered by the court under Section 157.168 (Additional Periods of Possession or Access), if the court finds that the person denying possession or access has previously been found in contempt of court at least three times for the denial of court-ordered possession or access with respect to the child who is the subject of the proceeding, be, in total, twice the duration of the periods of possession and access that were denied.

SECTION 5. Repealers: Sections 157.168(a-1) (relating to requiring a court to order additional periods under certain circumstances unless a party shows good cause why the order should not be rendered) and (c) (relating to an exception to the court's authority to waive a requirement for a respondent to pay attorney's fees and court costs if the respondent meets certain criteria and is in contempt of court), Family Code.

SECTION 6. (a) Provides that Section 156.107, Family Code, as added by this Act, applies to a suit for modification that is pending in a trial court on the effective date of this Act or that is filed on or after that date.

(b) Provides that the changes in law made by this Act to Sections 157.165 and 157.168, Family Code, apply to a suit affecting the parent-child relationship that is pending in a trial court on the effective date of this Act or that is filed on or after the effective date of this Act.

SECTION 7.� Effective date: September 1, 2025.