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HB3181

Regular Session

Relating to the enforcement of a court order for possession of or access to a child and related order modifications.

Low
Low Cost
Effective:2025-06-20
Enforcing Agencies

Texas Family Courts • Texas State District Courts

HB3181
Relating to the enforcement of a court order for possession of or access to a child and related order modifications.
Low Urgency
Passed with Opposition
House Vote135 - 6
YEA
96% in favor141 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
6
Total Opposition Votes
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
Texas Family CourtsTexas State District Courts
Primary Author: Rep. Harold Dutton
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
  • Compliance Deadline: June 20, 2025. The law applies immediately to all suits *pending* on this date and all enforcement orders rendered on or after this date.
  • Agency Rulemaking: None. This statute is self-executing by the Texas District and Family Courts. There will be no regulatory grace period.

Immediate Action Plan

  • Audit "For Cause" Clauses: Revise executive and key personnel contracts to ensure incarceration for civil contempt is grounds for termination or suspension without pay.
  • Update Leave Policies: Establish a protocol for handling court-ordered parenting time that conflicts with work schedules. Determine if this falls under personal leave or a separate category.
  • Brief Payroll: Notify payroll teams that attorney's fee garnishments in family law cases are now mandatory for repeat offenders and cannot be waived by the court; expect strict enforcement.
  • Monitor Pending Litigation: If you are aware of key personnel currently involved in high-conflict custody modifications, advise them (or their counsel) that the rules of engagement change effective June 20, 2025.

Operational Changes Required

Contracts

  • Executive Employment Agreements: Review "Termination for Cause" definitions immediately. Ensure that "incarceration" or "finding of contempt" constitutes "Cause." Under HB3181, a key executive found in contempt for a fourth time *must* serve jail time; you cannot rely on them receiving a suspended sentence or probation.
  • Morals Clauses: Clarify if a civil contempt finding regarding family law violations triggers a breach of morals clauses for public-facing representatives.

Hiring/Training

  • HR Training: Train HR staff to distinguish between standard PTO requests and court-ordered "make-up" possession. Under the new Sec. 157.168, employees may present court orders requiring them to take possession of a child for twice the duration of previously denied time. HR must understand the legal weight of these orders versus company blackout periods.
  • Absence Management: Update policies regarding "No Call/No Show" vs. "Incarceration." Since probation is now prohibited for repeat violators, expect full-term absenteeism for employees subject to these enforcement orders.

Reporting & Record-Keeping

  • Payroll Garnishments: Prepare for an uptick in wage withholding orders. Sec. 157.167 now prohibits judges from waiving attorney's fees and costs for repeat violators. These fees are mandatory and will likely be collected via turnover orders or garnishment.
  • Leave Documentation: Document the specific reason for leave requests. If an employee claims leave is for "court-ordered possession," request a copy of the order to verify the dates and duration align with the "double duration" mandate.

Fees & Costs

  • Administrative Burden: No direct fees to the state, but increased administrative costs in Payroll/HR for processing mandatory fee garnishments and managing complex leave scheduling.

Strategic Ambiguities & Considerations

  • Scheduling of "Double Duration" Possession: The law mandates make-up time be "twice the duration" of the denied time but leaves the specific scheduling to the court's discretion (to be completed within two years). It is unclear if a court can order this time to be taken consecutively (e.g., two weeks straight) that conflicts with business-critical periods. Employers should be prepared to consult counsel if a court order directly interferes with business operations.
  • The "Look-Back" Period: The statute applies to individuals who have been found in contempt "three or more times." It does not specify a time limit for these prior findings. A contempt finding from five years ago likely counts toward the "four strikes," creating immediate exposure for employees with a history of litigation.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 21, 2025
Passed House
May 5, 2025
Passed Senate
May 27, 2025
Signed
Jun 20, 2025
TopicsFamilyFamily--parent & ChildConservatorship
03

House Authors

Rep. Harold DuttonDemocrat · Primary Author

Senate Sponsor

Sen. Angela PaxtonRepublican · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Harold Dutton

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB3181

Q

What does Texas HB3181 do?

HB3181 removes judicial discretion in high-conflict child custody enforcement, mandating incarceration (without probation) and financial penalties for individuals found in contempt of court for the fourth time. While this is a Family Code amendment, employers face immediate operational risks regarding sudden, mandatory employee incarceration, rigid court-ordered leave requirements ("double make-up time"), and increased payroll garnishments for mandatory attorney's fees. Implementation Timeline Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).

Q

Who authored HB3181?

HB3181 was authored by Texas Representative Harold Dutton during the Regular Session.

Q

When was HB3181 signed into law?

HB3181 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3181?

HB3181 is enforced by Texas Family Courts and Texas State District Courts.

Q

How urgent is compliance with HB3181?

The compliance urgency for HB3181 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB3181?

The cost impact of HB3181 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB3181 address?

HB3181 addresses topics including family, family--parent & child and conservatorship.

Legislative data provided by LegiScanLast updated: November 25, 2025

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