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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 court order based on a parental |
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child safety placement agreement or an authorization agreement with |
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an adult caregiver. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 156.409, Family Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-4), |
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(a-5), (c), and (d) to read as follows: |
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(a) The court shall, on the motion of a party or a person |
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having physical possession of the child, modify an order providing |
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for the support of the child to provide that the person having |
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physical possession of the child [for at least six months] shall |
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have the right to receive and give receipt for payments of support |
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for the child and to hold or disburse money for the benefit of the |
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child if the sole managing conservator of the child or the joint |
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managing conservator who has the exclusive right to determine the |
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primary residence of the child has: |
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(1) voluntarily relinquished the primary care and |
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possession of the child to the person having physical possession of |
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the child for at least six months; |
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(2) been incarcerated or sentenced to be incarcerated |
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for at least 90 days; [or] |
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(3) relinquished the primary care and possession of |
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the child in a proceeding under Title 3 or Chapter 262; |
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(4) entered into an authorization agreement with an |
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adult caregiver under Chapter 34; or |
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(5) entered into a parental child safety placement |
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agreement under Section 264.902. |
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(a-4) An order that modifies a support order based on |
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Subsection (a)(5) is temporary and must include a finding that the |
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modification is based on a parental child safety placement |
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agreement. The temporary order terminates 90 calendar days after |
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the date the agreement is signed or on a termination date indicated |
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in the temporary order, whichever is earlier. |
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(a-5) The court shall give preference to a motion filed |
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pursuant to Subsection (a)(5) and shall hold a hearing on the motion |
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not later than the 30th day after a request for hearing has been |
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filed with the court. |
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(b) A [Notice of a] motion for modification under this |
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section may be served: |
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(1) in the manner for serving a notice under Section |
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157.065; or |
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(2) by e-mailing a copy of the motion to the respondent |
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and filing a copy of the notice of hearing through the electronic |
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filing manager authorized by Rule 21, Texas Rules of Civil |
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Procedure. |
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(c) Other legal documents and required notices under |
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Subsection (b) shall be delivered through the electronic filing |
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manager. |
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(d) The party or the party's attorney of record who serves a |
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motion pursuant to Subsection (b) shall file a signed certificate |
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of service stating the date of mailing and the manner in which the |
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document was served on the other party. Confirmation of service |
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through the electronic filing manager satisfies the requirements of |
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this section. |
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SECTION 2. This Act takes effect September 1, 2025. |