Texas House bill by Rep. Dutton addresses court order enforcement on child possession passes both chambers

Passed bill authored by State Rep. Harold Dutton Jr. seeks to improve enforcement of court orders regarding child possession by addressing repeated contempt and modifying conservatorship orders accordingly, according to the Texas Legislature website.

In the House, 60 Democrats and 75 Republicans voted in favor of the bill, while six Republicans opposed it.

Meanwhile, in the Senate, 11 Democrats and 20 Republicans voted in favor, with no opposing votes.

Harold Dutton Jr. introduced the bill in the Texas House on Friday, Feb. 21, during the 89th regular legislative session.

Dutton graduated from Texas Southern University in 1991 with a BBA and again in 1996 from Thurgood Marshall School of Law with a JD.

Dutton, a Democrat, was elected to the Texas State House in 1985 to represent the state’s 142nd House district, replacing previous state representative El Franco Lee.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the enforcement of a court order for possession of or access to a child and related order modifications’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill addresses the enforcement and modification of court orders regarding possession or access to a child, including cases of contempt of court. It amends the Family Code to stipulate that if a conservator is found in contempt for denying court-ordered possession and has a history of contempt, this constitutes a material change, justifying the modification of conservatorship orders. It prohibits placing such individuals on community supervision. The bill also ensures that attorney’s fees are not waived in such repeated contempt cases and mandates additional possession periods, doubling the duration for repeated denial. Existing sections are repealed for consistency. This act takes effect Sept. 1, 2025, and applies to relevant suits and orders active on or filed after the effective date.

The bill received its final legislative approval on Tuesday, May 27, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.