HB 1914 Texas House · 89th Legislature (2025)

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

HB 1914 modifies Texas Family Code to address child custody arrangements when a conservator (legal guardian) becomes incapacitated. It allows the other appointed conservator to temporarily assume the incapacitated conservator's parenting time immediately upon incapacitation - defined as a physical/mental condition or incarceration preventing care for the child’s basic needs (food, shelter, health) - until the court issues a permanent modification or the conservator recovers. The bill does not apply if the existing court order already restricted that conservator’s access. It applies only to incapacitation occurring on or after September 1, 2025.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
May 2025
Senate Passage
Governor
Introduced Mar 14, 2025 Last action May 5, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 3 edits · May 2, 2025
MINOR
This bill updates the definition of when a conservator is considered incapacitated and clarifies the conditions under which another conservator may temporarily take possession of a child. The changes ensure that temporary possession orders are only granted when the incapacitation poses a significant risk to the child's physical health or emotional development, rather than just any incapacitation.
Scope change
The bill narrows the scope of temporary possession eligibility by adding a requirement that the incapacitation must cause significant impairment to the child's health or development before another conservator can exercise possession rights.
ELIGIBILITY

Added a new requirement that temporary possession is only available when incapacitation causes significant impairment to the child's physical health or emotional development.

DEFINITION

Updated the definition of incapacitation to explicitly include situations where the conservator cannot care for the child's physical health or emotional development due to the incapacitation.

REQUIREMENT

Modified the conditions under which a possessory conservator can claim temporary possession, requiring a showing of significant impairment to the child rather than just any change in circumstances.

Floor votes · House May 2, 2025

How they voted

135–0
Passed · 13 other
Total votes 148
May 2, 2025
D Democratic62
56 Yea 6
90% Yea
R Republican86
79 Yea 7
91% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
8
Committee
8
May 5, 2025
Committee
Referred to Jurisprudence
upper
May 5, 2025
Introduced
Read first time
upper
May 5, 2025
Introduced
Received from the House
upper
May 2, 2025
Lower · Passed
Passed
lower
May 1, 2025
Lower · Passed
Passed to engrossment
lower
Apr 25, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 24, 2025
Lower · Passed
Committee report distributed
lower
Apr 14, 2025
Lower · Passed
Reported favorably as substituted
lower
Apr 14, 2025
Lower · Passed
Recalled from subcommittee
lower
Apr 7, 2025
Lower · Passed
Left pending in subcommittee
lower
Apr 7, 2025
Lower · Passed
Testimony taken/registration(s) recorded in subcommittee
lower
Mar 14, 2025
Committee
Referred to s/c on Family & Fiduciary Relationships by Speaker
lower
Mar 14, 2025
Introduced
Read first time
lower
1 primary · 1 co-sponsor

Sponsors