bill shifts child support to the actual caregiver

The text as introduced · 512 words

By: A. Davis of Dallas
H.B. No. 4869

A BILL TO BE ENTITLED

AN ACT

relating to the modification of a court order based on a parental

child safety placement agreement or an authorization agreement with

an adult caregiver.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sec. 156.409, Family Code, is amended by

amending Subsections (a) and (b) and adding Subsections (a-4),

(a-5), (c), and (d) to read as follows:

(a) The court shall, on the motion of a party or a person

having physical possession of the child, modify an order providing

for the support of the child to provide that the person having

physical possession of the child [ for at least six months ] shall

have the right to receive and give receipt for payments of support

for the child and to hold or disburse money for the benefit of the

child if the sole managing conservator of the child or the joint

managing conservator who has the exclusive right to determine the

primary residence of the child has:

(1) voluntarily relinquished the primary care and

possession of the child to the person having physical possession of

the child for at least six months ;

(2) been incarcerated or sentenced to be incarcerated

for at least 90 days; [ or ]

(3) relinquished the primary care and possession of

the child in a proceeding under Title 3 or Chapter 262 ;

(4) entered into an authorization agreement with an

adult caregiver under Chapter 34; or

(5) entered into a parental child safety placement

agreement under Section 264.902 .

(a-4) An order that modifies a support order based on

Subsection (a)(5) is temporary and must include a finding that the

modification is based on a parental child safety placement

agreement. The temporary order terminates 90 calendar days after

the date the agreement is signed or on a termination date indicated

in the temporary order, whichever is earlier.

(a-5) The court shall give preference to a motion filed

pursuant to Subsection (a)(5) and shall hold a hearing on the motion

not later than the 30th day after a request for hearing has been

filed with the court.

(b) A [ Notice of a ] motion for modification under this

section may be served :

(1) in the manner for serving a notice under Section

157.065 ; or

(2) by e-mailing a copy of the motion to the respondent

and filing a copy of the notice of hearing through the electronic

filing manager authorized by Rule 21, Texas Rules of Civil

Procedure .

(c) Other legal documents and required notices under

Subsection (b) shall be delivered through the electronic filing

manager.

(d) The party or the party's attorney of record who serves a

motion pursuant to Subsection (b) shall file a signed certificate

of service stating the date of mailing and the manner in which the

document was served on the other party. Confirmation of service

through the electronic filing manager satisfies the requirements of

this section.

SECTION 2. This Act takes effect September 1, 2025.