89R22221 MLH-F     By: Cook, Rodríguez Ramos H.B. No. 1914       A BILL TO BE ENTITLED   AN ACT   relating to the modification of a possession order and temporary   possession of a child when a conservator of the child is   incapacitated.          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 ON INCAPACITATION OF   CONSERVATOR; TEMPORARY POSSESSION OF CHILD. (a) The temporary or   permanent incapacitation of a conservator of a child is a material   and substantial change in circumstances and a significant   impairment of the child's physical health or emotional development   sufficient to justify a temporary order and 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.   For purposes of this section, a conservator is incapacitated if the   conservator experiences a physical condition, mental condition, or   period of incarceration that renders the conservator substantially   unable to:                (1)  provide food, clothing, or shelter to the child;                (2)  care for the child's physical health; or                (3)  care for the conservator's physical health.          (b)  Except as provided by Subsection (c), if a conservator   of a child becomes incapacitated, the child's other conservator, if   another conservator has been appointed for the child, is entitled   to exercise the incapacitated conservator's periods of possession   of the child to the degree necessary to ensure the health and   welfare of the child, starting immediately following the onset of   the incapacitation and continuing until the earlier of the date:                (1)  the incapacitated conservator is again capable of   caring for the child; or                (2)  the court, due to the material and substantial   change in circumstances caused by the incapacitation, renders an   order under this chapter modifying the appointment of the child's   conservators or the terms and conditions of conservatorship or for   the possession of or access to the child.          (c)  A possessory conservator of a child is not entitled to   temporary possession under Subsection (b) if the existing order or   portion of a decree sought to be modified denied possession of the   child by the possessory conservator or imposed restrictions or   limitations on the possessory conservator's right to possession of   or access to the child in order to prevent significant impairment of   the child's physical health or emotional development.          (d)  Nothing in this section may be construed to prevent a   party with standing to file suit under this title from filing for   modification under this chapter in response to a material and   substantial change in circumstances.          SECTION 2.  Section 156.107, Family Code, as added by this   Act, applies only in regard to a conservator who becomes   incapacitated on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.