|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the terms and conditions of a standard possession order |
|
in a suit affecting the parent-child relationship. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 153.316, Family Code, is amended to read |
|
as follows: |
|
Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court |
|
shall order the following general terms and conditions of |
|
possession of a child to apply without regard to the distance |
|
between the residence of a parent and the child: |
|
(1) the managing conservator shall surrender the child |
|
to the possessory conservator at the beginning of each period of the |
|
possessory conservator's possession at the residence of the |
|
managing conservator; |
|
(2) if the possessory conservator elects to begin a |
|
period of possession at the time the child's school is regularly |
|
dismissed, the managing conservator shall surrender the child to |
|
the possessory conservator at the beginning of each period of |
|
possession at: |
|
(A) the school in which the child is enrolled; or |
|
(B) if the child is not physically attending |
|
school: |
|
(i) the managing conservator's residence; |
|
(ii) a location agreed to by all parties; or |
|
(iii) a location determined by a party who, |
|
following a finding under Section 105.006(c), is not required to |
|
disclose the party's address to the other party or is protected from |
|
the other party by an order rendered by the court; |
|
(3) the possessory conservator shall be ordered to do |
|
one of the following: |
|
(A) the possessory conservator shall surrender |
|
the child to the managing conservator at the end of each period of |
|
possession at the residence of the possessory conservator; or |
|
(B) the possessory conservator shall return the |
|
child to the residence of the managing conservator at the end of |
|
each period of possession, except that the order shall provide that |
|
the possessory conservator shall surrender the child to the |
|
managing conservator at the end of each period of possession at the |
|
residence of the possessory conservator if: |
|
(i) at the time the original order or a |
|
modification of an order establishing terms and conditions of |
|
possession or access the possessory conservator and the managing |
|
conservator lived in the same county, the possessory conservator's |
|
county of residence remains the same after the rendition of the |
|
order, and the managing conservator's county of residence changes, |
|
effective on the date of the change of residence by the managing |
|
conservator; or |
|
(ii) the possessory conservator and |
|
managing conservator lived in the same residence at any time during |
|
a six-month period preceding the date on which a suit for |
|
dissolution of the marriage was filed and the possessory |
|
conservator's county of residence remains the same and the managing |
|
conservator's county of residence changes after they no longer live |
|
in the same residence, effective on the date the order is rendered; |
|
(4) if the possessory conservator elects to end a |
|
period of possession at the time the child's school resumes, the |
|
possessory conservator shall surrender the child to the managing |
|
conservator at the end of each period of possession at: |
|
(A) the school in which the child is enrolled; or |
|
(B) if the child is not physically attending |
|
school: |
|
(i) the possessory conservator's residence; |
|
(ii) a location agreed to by all parties; or |
|
(iii) a location determined by a party who, |
|
following a finding under Section 105.006(c), is not required to |
|
disclose the party's address to the other party or is protected from |
|
the other party by an order rendered by the court; |
|
(5) each conservator shall return with the child the |
|
personal effects that the child brought at the beginning of the |
|
period of possession; |
|
(6) either parent may designate a competent adult to |
|
pick up and return the child, as applicable; a parent or a |
|
designated competent adult shall be present when the child is |
|
picked up or returned; |
|
(7) a parent shall give notice to the person in |
|
possession of the child on each occasion that the parent will be |
|
unable to exercise that parent's right of possession for a |
|
specified period; |
|
(8) written notice, including notice provided by |
|
electronic mail or facsimile, shall be deemed to have been timely |
|
made if received or, if applicable, postmarked before or at the time |
|
that notice is due; and |
|
(9) if a conservator's time of possession of a child |
|
ends at the time school is scheduled to resume [resumes] and [for |
|
any reason] the child is not physically attending [or will not be |
|
returned to] school, the conservator in possession of the child |
|
shall immediately notify [the school and] the other conservator |
|
that the child will not be or has not been returned to school. |
|
SECTION 2. The change in law made by this Act applies only |
|
to a court order providing for possession of or access to a child |
|
rendered on or after the effective date of this Act. A court order |
|
rendered before the effective date of this Act is governed by the |
|
law in effect on the date the order was rendered, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2021. |