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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 visitation plan for a child in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 263, Family Code, is |
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amended by adding Section 263.110 to read as follows: |
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Sec. 263.110. EFFECT OF POSITIVE DRUG TEST ON PARENTAL |
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VISITATION. (a) In this section, "controlled substance" and |
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"marihuana" have the meanings assigned by Section 481.002, Health |
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and Safety Code. |
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(b) If the results of a drug test ordered for a parent by the |
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court indicate the presence in the parent's body of marihuana, |
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other than low-THC cannabis prescribed for the parent by a |
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physician as authorized by Chapter 169, Occupations Code, or of a |
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controlled substance not prescribed for the parent by a health care |
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practitioner, the court shall modify an original or amended |
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visitation plan to terminate the parent's visitation with the |
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child. |
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(c) A parent whose visitation with a child is terminated |
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under Subsection (b) may file a motion with the court requesting the |
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modification of an original or amended visitation plan to reinstate |
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the parent's visitation with the child only after the results of a |
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subsequent drug test taken by the parent indicate that a drug |
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described by Subsection (b) is not present in the parent's body. |
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SECTION 2. This Act takes effect September 1, 2025. |