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89(R) HB 3181 - Enrolled version - Bill Text
H.B. No. 3181
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 at least three times 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 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 at
least three times 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 at least
three times 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 at least three
times 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.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3181 was passed by the House on May 5,
2025, by the following vote: Yeas 135, Nays 6, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3181 was passed by the Senate on May
27, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor