Relating to the modification of certain orders providing for the support of a child, the official text

S.B. No. 1923

AN ACT

relating to the modification of certain orders providing for the

support of a child.

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

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

amending Subsections (a), (a-1), and (b) and adding Subsection (c)

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 to the person having

physical possession of the child the primary care and 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; or

(4) entered into an authorization agreement under

Chapter 34 with the person having physical possession of the child.

(a-1) If the court modifies a support order under this

section, the court shall order the obligor to pay the person or

entity having physical possession of the child any unpaid child

support that is not subject to offset or reimbursement under

Section 157.008 and that accrues after the date the sole or joint

managing conservator:

(1) relinquishes possession and control of the child,

whether voluntarily or in a proceeding under Title 3 or Chapter 262;

[or]

(2) is incarcerated; or

(3) enters into an authorization agreement under

Chapter 34 with the person having physical possession of the child.

(b) If a respondent has been ordered under Chapter 105 to

provide the court and the state case registry with the respondent's

current mailing address or e-mail address, notice [Notice] of a

motion for modification or hearing on 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-mail through the electronic filing system

established under Section 72.031, Government Code.

(c) A notice or document associated with a motion for

modification under this section not otherwise described by

Subsection (b) may be delivered in the manner described by

Subdivision (2) of that subsection.

SECTION 2. The change in law made by this Act applies only

to a motion for modification of an order providing for the support

of a child filed on or after the effective date of this Act. A

motion for modification of an order providing for the support of a

child filed before the effective date of this Act is governed by the

law in effect on the date the motion was filed, and the former law is

continued for that purpose.

SECTION 3. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1923 passed the Senate on

April 22, 2025, by the following vote: Yeas 31, Nays 0; and that

the Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1923 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 111,

Nays 25, three present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor