Bill Text: TX HB851 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the admission by a party of a material and substantial change of circumstances in a motion to modify an order in certain family law cases.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB851 Detail]

Download: Texas-2021-HB851-Enrolled.html

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H.B. No. 851

AN ACT
relating to the admission by a party of a material and substantial
change of circumstances in a motion to modify an order in certain
family law cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8.057, Family Code, is amended by adding
Subsection (c-1) to read as follows:
(c-1) A party who files a motion to modify maintenance based
on a material and substantial change of circumstances may not be
considered on that basis alone to have admitted a material and
substantial change of circumstances regarding any other matter.
SECTION 2. Subchapter A, Chapter 156, Family Code, is
amended by adding Section 156.007 to read as follows:
Sec. 156.007. CERTAIN FILINGS NOT ADMISSIONS. A party who
files a motion to modify an order that provides for the appointment
of a conservator of a child, provides the terms and conditions of
conservatorship, provides for the possession of or access to a
child, or provides for the support of a child based on a material
and substantial change of circumstances may not be considered on
that basis alone to have admitted a material and substantial change
of circumstances regarding any other matter.
SECTION 3. The changes in law made by this Act apply only to
a motion to modify that is filed on or after the effective date of
this Act. A motion to modify filed before that date is governed by
the law in effect on the date the motion was filed, and that law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 851 was passed by the House on April
21, 2021, by the following vote: Yeas 144, Nays 5, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 851 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor