SB 1923

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