The text as introduced · 819 words
89R1871 AMF-F
By: Dutton
H.B. No. 3181
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of a court order for possession of or
access to a child and related order modifications.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 156, Family Code, is
amended by adding Section 156.107 to read as follows:
Sec. 156.107. MODIFICATION OF ORDER ON FINDING OF CONTEMPT
FOR DENIAL OF POSSESSION AND ACCESS. 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 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 a temporary order and 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. Section 157.165, Family Code, is amended to read
as follows:
Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as
provided by Subsection (b), the [ The ] court may place the
respondent on community supervision and suspend commitment if the
court finds that the respondent is in contempt of court for failure
or refusal to obey an order rendered as provided in this title.
(b) The court may not place the respondent on community
supervision and suspend commitment if the court finds that the
respondent:
(1) is in contempt of court for the failure or refusal
to obey an order for possession of or access to a child; and
(2) has previously been found in contempt of court for
the failure or refusal to obey an order for possession of or access
to a child.
SECTION 3. Section 157.167, Family Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by Subsections [ Subsection ] (d) and
(e) , for good cause shown, the court may waive the requirement that
the respondent pay attorney's fees and costs if the court states the
reasons supporting that finding.
(e) The court may not waive 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 for the
denial of court-ordered possession of or access to the child who is
the subject of the proceeding.
SECTION 4. Section 157.168, Family Code, is amended by
amending Subsections (a) and (a-2) and adding Subsection (d) to
read as follows:
(a) Unless a party shows good cause why the order should not
be rendered [ Except as provided in Subsection (a-1) ], a court shall
[ may ] order additional periods of possession of or access to a child
to compensate for the denial of court-ordered possession or access.
(a-2) The additional periods of possession or access:
(1) except as provided by Subsection (d), must be of
the same type and duration of the possession or access that was
denied;
(2) may include weekend, holiday, and summer
possession or access; and
(3) must occur on or before the second anniversary of
the date the court finds that court-ordered possession or access
has been denied.
(d) If the court finds that the person denying possession or
access has previously been found in contempt of court for the denial
of court-ordered possession or access with respect to the child who
is the subject of the proceeding, the additional periods of
possession of or access to the child ordered by the court under this
section must be, in total, twice the duration of the periods of
possession and access that were denied.
SECTION 5. Sections 157.168(a-1) and (c), Family Code, are
repealed.
SECTION 6. (a) 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) 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.
(c) The change in law made by this Act to Section 157.167,
Family Code, applies only to an enforcement order rendered on or
after the effective date of this Act. An enforcement order rendered
before the effective date of this Act is governed by the law in
effect on the date the order was rendered, and the former law is
continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2025.
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