Texas House Bill HB 1914

Texas 2025 - 89th Regular

• Filed: 1/16/25
• Out of House Committee: 4/24/25
• Voted on by House: 5/2/25

Caption

Relating to the modification of a possession order and temporary possession of a child when a conservator of the child is incapacitated.

Summary

HB 1914 would add a new section to the Texas Family Code to address what happens when a child’s conservator becomes incapacitated. The bill treats a conservator’s temporary or permanent incapacitation as a material and substantial change in circumstances, allowing a court to issue a temporary order and modify an existing conservatorship, possession, or access order. The bill defines incapacitation to include a physical condition, mental condition, or incarceration that leaves the conservator substantially unable to provide basic care or attend to the child’s or the conservator’s physical health. Under the bill, if a child has another conservator already appointed, that conservator may immediately exercise the incapacitated conservator’s periods of possession to the extent needed to protect the child’s health and welfare, until the incapacitated conservator recovers or the court enters a modifying order. The bill also limits this temporary possession rule when the existing order already denied or restricted possession to protect the child from significant impairment. It preserves the right of other parties with standing to seek modification under existing law.

Impact

HB 1914 would amend Chapter 156 of the Texas Family Code by creating a specific statutory basis for modifying conservatorship and possession orders when a conservator becomes incapacitated. It would give courts clearer authority to treat incapacitation as a qualifying change in circumstances and would authorize temporary possession by the other conservator in appropriate cases. The bill applies only to incapacitations occurring on or after September 1, 2025, and would affect parents, managing or possessory conservators, and family courts handling custody and visitation disputes.

Sentiment

The bill appears to have broad support and little visible opposition. It passed the House on second reading 134-0 and on third reading 135-0, indicating unanimous or near-unanimous approval. The absence of committee transcript debate suggests the measure was viewed as a practical, narrowly tailored family-law clarification rather than a controversial policy change.

Contention

The main policy issue is how to balance the child’s immediate need for stability and care against the rights of an incapacitated conservator and any existing court-ordered restrictions. The bill addresses this by allowing temporary possession only when another conservator exists and by excluding cases where the current order already limited possession to protect the child’s welfare. Another potential point of concern is the inclusion of incarceration within the definition of incapacitation, which could raise questions about whether temporary custody changes should automatically follow a parent’s imprisonment; however, no recorded debate or vote split indicates significant controversy.