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A BILL TO BE ENTITLED
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AN ACT
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relating to the modification of certain orders providing for the |
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support of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 156.409, Family Code, is amended by |
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amending Subsections (a), (a-1), and (b) and adding Subsections |
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(c), (d), and (e) 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 to the person having |
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physical possession of the child the primary care and 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 under |
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Chapter 34 with the person having physical possession of the child; |
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or |
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(5) entered into a parental child safety placement |
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agreement under Section 264.902 with the person having physical |
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possession of the child. |
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(a-1) If the court modifies a support order under this |
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section, the court shall order the obligor to pay the person or |
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entity having physical possession of the child any unpaid child |
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support that is not subject to offset or reimbursement under |
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Section 157.008 and that accrues after the date the sole or joint |
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managing conservator: |
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(1) relinquishes possession and control of the child, |
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whether voluntarily or in a proceeding under Title 3 or Chapter 262; |
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[or] |
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(2) is incarcerated; or |
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(3) enters into an authorization agreement under |
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Chapter 34 or a parental child safety placement agreement under |
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Section 264.902 with the person having physical possession of the |
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child. |
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(b) The court shall give preference to a motion filed under |
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Subsection (a)(5) and shall hold a hearing on the motion not later |
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than the 30th day after the date the motion is filed. |
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(c) An order rendered under this section that modifies a |
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support order on the ground described by Subsection (a)(5): |
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(1) must include a finding that the sole managing |
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conservator of the child or the joint managing conservator who has |
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the exclusive right to determine the primary residence of the child |
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has entered into a parental child safety placement agreement under |
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Section 264.902 with the person having physical possession of the |
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child; and |
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(2) is temporary and expires on the earlier of: |
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(A) the 90th day after the date the parental |
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child safety placement agreement is signed; or |
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(B) the expiration date included in the order. |
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(d) If a respondent has been ordered under Chapter 105 to |
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provide the court and the state case registry with the respondent's |
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current mailing address or e-mail address, notice [Notice] of a |
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motion for modification or hearing on a motion for modification |
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under this 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-mail through the electronic filing system |
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established under Section 72.031, Government Code. |
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(e) A notice or document associated with a motion for |
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modification under this section not otherwise described by |
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Subsection (d) may be delivered in the manner described by |
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Subdivision (2) of that subsection. |
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SECTION 2. The change in law made by this Act applies only |
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to a motion for modification of an order providing for the support |
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of a child filed on or after the effective date of this Act. A |
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motion for modification of an order providing for the support of a |
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child filed before the effective date of this Act is governed by the |
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law in effect on the date the motion was filed, and the former law is |
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continued for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |
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