Relating to the modification of certain orders providing for the support of a child.

BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Under current statute, if a child subject to an order of support under Chapter 154 of the Texas Family Code becomes subject to a Parental Child Safety Placement (PCSP) under Chapter 264, Subchapter L, Texas Family Code, or an authorization agreement with an adult caregiver under Subtitle A, Chapter 34, Texas Family Code, and is removed from the custodial parent receiving support to the home of kin or fictive kin on a temporary basis, the child support does not follow the child. The custodial parent may continue receiving the child support even though they are not caring for the child subject to an order of support under Chapter 154, Texas Family Code.

Simply stated, S.B. 1923 will allow child support to follow the child if the child is placed with kin or fictive kin in a PCSP under Chapter 264, Subchapter L, Texas Family Code, or under an authorization agreement with an adult caregiver under Subtitle A, Chapter 34, Texas Family Code.

The committee substitute to S.B. 1923 will specify that, for the child support to follow the child, the following conditions must be present:

1. The child must have been voluntarily relinquished and the person having physical possession of the child must have physical possession of the child for at least six months.
2. The custodial parent has entered into an authorization agreement with an adult caregiver under Chapter 34, Texas Family Code, or a PCSP under Section 264.902, Texas Family Code.

Further, the committee substitute notes that an order modifying support under this statute is temporary and must include the finding that the modification is based on a PCSP agreement, and that such order modifying support automatically terminates 90 calendar days after the agreement is signed, or on a termination date indicated in the temporary order, whichever is earlier.

The bill further stipulates that a court must give preference to motions filed under this section of the code, and must hold a hearing on the motion not later than the 30th day after such hearing has been requested.

The legislation further provides that if a respondent has been ordered under Chapter 105, Family Code, to provide the court and state case registry with an email address, a motion for modification under this section may be served either by mailing the respondent a copy of the hearing notice by first class mail or by email to the address using the electronic filing system established under Texas Government Code, Section 72.031.

As proposed, S.B. 1923 amends current law relating to the modification of a court order based on a parental child safety placement agreement or an authorization agreement with an adult caregiver.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 156.409, Family Code, by amending Subsections (a) and (b) and adding Subsections (a-4), (a-5), (c), and (d), as follows:

(a) Requires a court, on the motion of a party or a person having physical possession of the child, to modify an order providing for the support of the child to provide that the person having physical possession of the child, rather than having physical possession of the child for at least six months, is required to 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)-(3) makes nonsubstantive changes to these subdivisions;

(4) entered into an authorization agreement with an adult caregiver under Chapter 34 (Authorization Agreement for Nonparent Adult Caregiver); or

(5) entered into a parental child safety placement agreement under Section 264.902 (Parental Child Safety Placement Agreement).

(a-4) Provides that an order that modifies a support order based on Subsection (a)(5) is temporary and is required to include a finding that the modification is based on a parental child safety placement agreement. Provides that 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) Requires the court to give preference to a motion filed pursuant to Subsection (a)(5) and to hold a hearing on the motion not later than the 30th day after a request for hearing has been filed with the court.

(b) Authorizes a motion, rather than notice of a motion, for modification under Section 156.409 (Change In Physical Possession) to be served by certain methods, including 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. Makes nonsubstantive changes.

(c) Requires that other legal documents and required notices under Subsection (b) be delivered through the electronic filing manager.

(d) Requires the party or the party's attorney of record who serves a motion pursuant to Subsection (b) to file a signed certificate of service stating the date of mailing and the manner in which the document was served on the other party. Provides that confirmation of service through the electronic filing manager satisfies the requirements of this section.

SECTION 2. Effective date: September 1, 2025.

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