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A BILL TO BE ENTITLED
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AN ACT
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relating to the terms and conditions of a standard possession order |
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in a suit affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.316, Family Code, is amended to read |
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as follows: |
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Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court |
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shall order the following general terms and conditions of |
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possession of a child to apply without regard to the distance |
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between the residence of a parent and the child: |
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(1) the managing conservator shall surrender the child |
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to the possessory conservator at the beginning of each period of the |
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possessory conservator's possession at the residence of the |
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managing conservator; |
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(2) if the possessory conservator elects to begin a |
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period of possession at the time the child's school is regularly |
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dismissed, the managing conservator shall surrender the child to |
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the possessory conservator at the beginning of each period of |
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possession at: |
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(A) the school in which the child is enrolled; or |
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(B) if the child is not physically attending |
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school: |
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(i) the managing conservator's residence, |
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unless: |
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(a) the exchanging parties agree on a |
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different location, in which event the child must be surrendered at |
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that location; or |
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(b) the court orders an exchange at a |
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specific location, in which event the child must be surrendered at |
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the location designated by the court; or |
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(ii) a location determined by a party who, |
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because of a finding under Section 105.006(c), is not required to |
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disclose the party's address to the other party or is protected from |
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the other party by an order rendered by the court, provided that the |
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location is recorded in the final order for possession of the child; |
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(3) the possessory conservator shall be ordered to do |
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one of the following: |
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(A) the possessory conservator shall surrender |
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the child to the managing conservator at the end of each period of |
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possession at the residence of the possessory conservator; or |
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(B) the possessory conservator shall return the |
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child to the residence of the managing conservator at the end of |
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each period of possession, except that the order shall provide that |
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the possessory conservator shall surrender the child to the |
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managing conservator at the end of each period of possession at the |
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residence of the possessory conservator if: |
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(i) at the time the original order or a |
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modification of an order establishing terms and conditions of |
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possession or access the possessory conservator and the managing |
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conservator lived in the same county, the possessory conservator's |
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county of residence remains the same after the rendition of the |
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order, and the managing conservator's county of residence changes, |
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effective on the date of the change of residence by the managing |
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conservator; or |
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(ii) the possessory conservator and |
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managing conservator lived in the same residence at any time during |
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a six-month period preceding the date on which a suit for |
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dissolution of the marriage was filed and the possessory |
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conservator's county of residence remains the same and the managing |
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conservator's county of residence changes after they no longer live |
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in the same residence, effective on the date the order is rendered; |
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(4) if the possessory conservator elects to end a |
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period of possession at the time the child's school resumes, the |
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possessory conservator shall surrender the child to the managing |
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conservator at the end of each period of possession at: |
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(A) the school in which the child is enrolled; or |
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(B) if the child is not physically attending |
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school: |
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(i) the possessory conservator's residence, |
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unless: |
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(a) the exchanging parties agree on a |
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different location, in which event the child must be surrendered at |
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that location; or |
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(b) the court orders an exchange at a |
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specific location, in which event the child must be surrendered at |
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the location designated by the court; or |
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(ii) a location determined by a party who, |
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because of a finding under Section 105.006(c), is not required to |
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disclose the party's address to the other party or is protected from |
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the other party by an order rendered by the court, provided that the |
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location is recorded in the final order for possession of the child; |
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(5) each conservator shall return with the child the |
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personal effects that the child brought at the beginning of the |
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period of possession; |
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(6) either parent may designate a competent adult to |
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pick up and return the child, as applicable; a parent or a |
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designated competent adult shall be present when the child is |
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picked up or returned; |
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(7) a parent shall give notice to the person in |
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possession of the child on each occasion that the parent will be |
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unable to exercise that parent's right of possession for a |
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specified period; |
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(8) written notice, including notice provided by |
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electronic mail or facsimile, shall be deemed to have been timely |
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made if received or, if applicable, postmarked before or at the time |
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that notice is due; and |
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(9) if a conservator's time of possession of a child |
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ends at the time school is scheduled to resume [resumes] and [for |
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any reason] the child is not physically attending [or will not be |
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returned to] school, the conservator in possession of the child |
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shall immediately notify [the school and] the other conservator |
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that the child will not be or has not been returned to school. |
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SECTION 2. Section 153.3171(b), Family Code, is amended to |
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read as follows: |
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(b) Subsection (a) does not apply if: |
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(1) the possessory conservator declines one or more of |
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the alternative beginning and ending possession times under |
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Subsection (a) in a written document filed with the court or through |
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an oral statement made in open court on the record; |
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(2) the court is denying, restricting, or limiting the |
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possessory conservator's possession of or access to the child in |
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the best interest of the child under Section 153.004; [or] |
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(3) the court has received information or a request |
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from a party that the court is required to consider that may result |
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in the denial, restriction, or limitation of the possessory |
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conservator's possession of or access to the child in the best |
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interest of the child under Section 153.004; or |
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(4) the court finds that one or more of the alternative |
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beginning and ending possession times under Subsection (a) are not |
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in the best interest of the child, including: |
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(A) because the distances between residences |
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make the possession schedule described by Subsection (a) unworkable |
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or inappropriate considering the circumstances of the parties or |
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the area in which the parties reside; |
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(B) because before the filing of the suit, the |
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possessory conservator did not frequently and continuously |
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exercise the rights and duties of a parent with respect to the |
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child; or |
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(C) for any other reason the court considers |
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relevant. |
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SECTION 3. The change in law made by this Act applies only |
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to a court order providing for possession of or access to a child |
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rendered on or after the effective date of this Act. A court order |
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rendered before the effective date of this Act is governed by the |
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law in effect on the date the order was rendered, and the former law |
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is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |