HB 4376

relating to the modification of a visitation plan for a child in the
conservatorship of the Department of Family and Protective
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 263, Family Code, is
amended by adding Section 263.110 to read as follows:
Sec. 263.110.  EFFECT OF POSITIVE DRUG TEST ON PARENTAL
VISITATION.  (a)  In this section, "controlled substance" and
"marihuana" have the meanings assigned by Section 481.002, Health
(b)  If the results of a drug test ordered for a parent by the
court indicate the presence in the parent's body of marihuana,
other than low-THC cannabis prescribed for the parent by a
physician as authorized by Chapter 169, Occupations Code, or of a
controlled substance not prescribed for the parent by a health care
practitioner, the court shall modify an original or amended
visitation plan to terminate the parent's visitation with the
(c)  A parent whose visitation with a child is terminated
under Subsection (b) may file a motion with the court requesting the
modification of an original or amended visitation plan to reinstate
the parent's visitation with the child only after the results of a
subsequent drug test taken by the parent indicate that a drug
described by Subsection (b) is not present in the parent's body.
SECTION 2.  This Act takes effect September 1, 2025.