By: Dutton (Senate Sponsor - Paxton) H.B. No. 3181          (In the Senate - Received from the House May 5, 2025;   May 6, 2025, read first time and referred to Committee on State   Affairs; May 23, 2025, reported favorably by the following vote:     Yeas 10, Nays 0; May 23, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   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.     * * * * *