Relating to the enforcement of a court order for possession of or access to a child and related order modifications, the official 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