Legislative Blog
J.B. Williams, J.D.
6 bills that modify the Family Code
A Blog about 88th Legislature Laws
A Bit of Background
The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.
Brief Summary of Texas
Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.
Summary of 88th Legislature Laws
The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.
Blog Summary
HB 2658 - Grounds for involuntary termination of the parent-child relationship
HB 2671 - Postponement of a temporary orders hearing in cases referred to mediation
HB 2850 - Family Code discovery procedures
HB 2969 - Prohibiting a maximum age for prospective adoptive parents
HB 3765 - Establishment of a supply of luggage by DFPS
HB 4062 - Audiovisual recording of a child interview done by a child custody evaluator
6 bills that modify the Family Code
Published: 2025-04-23
HB 2658
Grounds for involuntary termination of the parent-child relationship
The conviction of criminal solicitation of a minor under Penal Code, Section 15.031, or of online solicitation of a minor under Penal Cde 33.021, or the equivalent in another state or federal jurisdiction or foreign jurisdiction is sufficient grounds for termination.
HB 2671
Postponement of a temporary orders hearing in cases referred to mediation
If a court on it's own motion refers a matter to mediation, and a temporary orders hearing is set, the hearing may not be postponed more than 30 days after the initial setting.
HB 2671
Family Code discovery procedures
Draft expert reports or disclosures are protected from discovery.
Disclosure under the family code can be requested not more than 30 days before the end of the discovery period. This appears to move it out of the automatic requirements. This is good because family law matters that are amicable can turn if one party has an attorney, the other is unrepresented, and the unrepresented one is advised they must comply or presented with responses under an automatic disclosure.
I like the they are clarifying that documents that are voluminous need not be provided, rather they may provide reasonable time and place for inspection. Generally for hard copies, I preferred to have the requesting party pay the costs of the copies rather than my client being burdened.
Experts may be designated through disclosure requests or by deposition or report. The cost of the expert testifying, preparing, giving, reviewing, and correcting the deposition is born by the party retaining the expert. Most communications between the attorney and the retained expert are considered confidential and are not discoverable.
HB 2671
Prohibiting a maximum age for prospective adoptive parents
Department of Family and Protective Services, or a licensed child-placing agency, may not set a maximum age for adoptive parents or a maximum age differential between a child and prospective adoptive parent. They may consider the health and expected lifespan of each prospective adoptive parents when considering the best interest of the child.
HB 3765
Establishment of a supply of luggage by DFPS
Luggage includes a suitcase, duffel bag, backpack, or similar container to hold an individual's personal belongings. The Department of Family and Protective Services must establish and maintain a supply of luggage to be used to transport a foster child's personal belongings. They must have procedures for the storage and distribution of the luggage.
The luggage becomes the property of the child and may not be kept by foster parents or reclaimed by DFPS. The requirement is the child must be provided luggage one time. Further DFPS must record each time a trash bag is used to move a foster child's personal belongings, along with the reason the department did not provide luggage. This information is to be provided annually in a report to the legislature.
Luggage may be obtained through solicitation of gifts, grants, and donations.
According to reports there are over 30,000 children in foster care in Texas. No idea how often the children are moved. And there were 62 incidents of trash bags being used for transport over a 1 year period. Mostly due to items arriving in trash bags when DFPS took custody, and some due to wet clothing.
HB 3765
Audiovisual recording of a child interview done by a child custody evaluator
An audiovisual recording of a child interview must be made for a suit seeking conservatorship, possession of, or access to a child. They are considered confidential and may not be released after the completion of the suit, except for court order for good cause.
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