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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of a court order for possession of or |
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access to a child and related order modifications. |
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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 OF ORDER ON FINDING OF CONTEMPT |
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FOR DENIAL OF POSSESSION AND ACCESS. A finding by the court that a |
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conservator is in contempt of court for the denial of court-ordered |
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possession of or access to a child and has previously been found in |
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contempt of court for failure to comply with the terms of an order |
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providing for possession of or access to the child constitutes a |
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material and substantial change of circumstances sufficient to |
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justify a temporary order and modification of an existing court |
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order or 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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SECTION 2. Section 157.165, Family Code, is amended to read |
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as follows: |
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Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as |
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provided by Subsection (b), the [The] court may place the |
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respondent on community supervision and suspend commitment if the |
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court finds that the respondent is in contempt of court for failure |
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or refusal to obey an order rendered as provided in this title. |
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(b) The court may not place the respondent on community |
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supervision and suspend commitment if the court finds that the |
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respondent: |
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(1) is in contempt of court for the failure or refusal |
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to obey an order for possession of or access to a child; and |
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(2) has previously been found in contempt of court for |
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the failure or refusal to obey an order for possession of or access |
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to a child. |
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SECTION 3. Section 157.167, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) Except as provided by Subsections [Subsection] (d) and |
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(e), for good cause shown, the court may waive the requirement that |
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the respondent pay attorney's fees and costs if the court states the |
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reasons supporting that finding. |
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(e) The court may not waive the requirement that the |
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respondent pay attorney's fees and costs if the court finds that the |
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respondent has previously been found in contempt of court for the |
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denial of court-ordered possession of or access to the child who is |
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the subject of the proceeding. |
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SECTION 4. Section 157.168, Family Code, is amended by |
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amending Subsections (a) and (a-2) and adding Subsection (d) to |
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read as follows: |
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(a) Unless a party shows good cause why the order should not |
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be rendered [Except as provided in Subsection (a-1)], a court shall |
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[may] order additional periods of possession of or access to a child |
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to compensate for the denial of court-ordered possession or access. |
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(a-2) The additional periods of possession or access: |
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(1) except as provided by Subsection (d), must be of |
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the same type and duration of the possession or access that was |
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denied; |
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(2) may include weekend, holiday, and summer |
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possession or access; and |
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(3) must occur on or before the second anniversary of |
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the date the court finds that court-ordered possession or access |
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has been denied. |
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(d) If the court finds that the person denying possession or |
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access has previously been found in contempt of court for the denial |
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of court-ordered possession or access with respect to the child who |
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is the subject of the proceeding, the additional periods of |
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possession of or access to the child ordered by the court under this |
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section must be, in total, twice the duration of the periods of |
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possession and access that were denied. |
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SECTION 5. Sections 157.168(a-1) and (c), Family Code, are |
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repealed. |
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SECTION 6. (a) Section 156.107, Family Code, as added by |
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this Act, applies to a suit for modification that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after that date. |
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(b) The changes in law made by this Act to Sections 157.165 |
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and 157.168, Family Code, apply to a suit affecting the |
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parent-child relationship 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 the |
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effective date of this Act. |
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(c) The change in law made by this Act to Section 157.167, |
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Family Code, applies only to an enforcement order rendered on or |
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after the effective date of this Act. An enforcement order rendered |
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before the effective date of this Act is governed by the law in |
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effect on the date the order was rendered, and the former law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2025. |