House Bill No. 1914 proposes an amendment to the Family Code of Texas, specifically by adding Section 156.107, which addresses the modification of possession orders and temporary possession of a child when a conservator becomes incapacitated. The bill defines "incapacitated" as a physical or mental condition, or a period of incarceration that significantly impairs a conservator's ability to provide for the child's needs, including food, clothing, shelter, and health care. It establishes that the other conservator, if one exists, is entitled to assume the incapacitated conservator's possession rights immediately upon the onset of incapacitation until the incapacitated conservator is capable again or until a court modifies the existing order due to the change in circumstances.

Additionally, the bill specifies that a possessory conservator cannot claim temporary possession if the existing order restricts their rights to possession or access to the child. It also clarifies that the new section does not prevent any party with standing from filing for modification in response to a material change in circumstances. The provisions of this bill will apply only to conservators who become incapacitated on or after the effective date of the Act, which is set for September 1, 2025.

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