H.B. No. 1630
    1-1                                AN ACT
    1-2  relating to the rights, privileges, duties, and powers of
    1-3  conservators and the establishment or modification of a child
    1-4  support order.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.01(a), Family Code, is amended to read
    1-7  as follows:
    1-8        (a)  In any suit affecting the parent-child relationship, the
    1-9  court may appoint a sole managing conservator or may appoint joint
   1-10  managing conservators<, and shall order reasonable terms and
   1-11  conditions for the implementation of the managing conservatorship>.
   1-12  A managing conservator must be a suitable, competent adult, or a
   1-13  parent, or an authorized agency.  If the court finds that the
   1-14  parents are or will be separated, the court shall appoint at least
   1-15  one <joint or sole> managing conservator.
   1-16        SECTION 2.  Section 14.02, Family Code, is amended to read as
   1-17  follows:
   1-18        Sec. 14.02.  RIGHTS, PRIVILEGES, DUTIES, AND POWERS OF A
   1-19  <MANAGING> CONSERVATOR.  (a)  If both parents are appointed as
   1-20  conservators of the child, either by agreement between the parties
   1-21  or by court order, the court shall specify the rights, privileges,
   1-22  duties, and powers of a parent that are to be retained by both
   1-23  parents, the rights, privileges, duties, and powers of a parent
   1-24  that are to be exercised jointly, and the rights, privileges,
    2-1  duties, and powers that are to be exercised exclusively by one
    2-2  parent.  Each parent retains the right to receive information from
    2-3  the other parent concerning the health, education, and welfare of
    2-4  the child and, to the extent possible, the right to confer with the
    2-5  other parent before making a decision concerning the health,
    2-6  education, and welfare of the child, and the court shall specify
    2-7  these rights in the order.
    2-8        (b)  Unless by written findings the court determines it would
    2-9  not be in the best interest of the child <Except as provided in
   2-10  Subsection (d) of this section>, a parent appointed as a <sole
   2-11  managing> conservator of the child retains <all> the following
   2-12  rights, privileges, duties, and powers of a parent <to the
   2-13  exclusion of the other parent>, subject to <the rights, privileges,
   2-14  duties, and powers of a possessory conservator as provided in
   2-15  Section 14.04 of this code and to> any limitation imposed by court
   2-16  order in allowing access to the child:
   2-17              (1)  a parent appointed as a conservator of a child has
   2-18  during the period that the parent has possession of the child:
   2-19                    (A)  the right to physical possession and to
   2-20  direct the moral and religious training of the child;
   2-21                    (B)  the duty of care, control, protection, and
   2-22  reasonable discipline of the child;
   2-23                    (C)  the duty to support the child, including
   2-24  providing the child with clothing, food, shelter, and medical and
   2-25  dental care not involving an invasive procedure; and
   2-26                    (D)  the power to consent to medical, dental, and
   2-27  surgical treatment during an emergency involving an immediate
    3-1  danger to the health and safety of the child;
    3-2              (2)  each parent appointed as a conservator of a child
    3-3  has at all times:
    3-4                    (A)  the right of access to medical, dental,
    3-5  psychological, and educational records of the child;
    3-6                    (B)  the right to consult with any physician,
    3-7  dentist, or psychologist of the child;
    3-8                    (C)  the right to consult with school officials
    3-9  concerning the child's welfare and educational status, including
   3-10  school activities;
   3-11                    (D)  the right to attend school activities;
   3-12                    (E)  the right to be designated on any records as
   3-13  a person to be notified in case of an emergency; and
   3-14                    (F)  the right to manage the estate of the child
   3-15  to the extent the estate has been created by the parent or the
   3-16  parent's family; and
   3-17              (3)  a parent appointed as the sole managing
   3-18  conservator of a child exclusively has:
   3-19                    (A)  the right to the services and earnings of
   3-20  the child;
   3-21                    (B)  the power to consent to marriage, to
   3-22  enlistment in the armed forces of the United States, to medical,
   3-23  dental, and surgical treatment involving invasive procedures, and
   3-24  to psychiatric and psychological treatment;
   3-25                    (C)  the power to represent the child in legal
   3-26  action and to make other decisions of substantial legal
   3-27  significance concerning the child, including the right to establish
    4-1  the primary residence of the child, except when a guardian of the
    4-2  child's estate or a guardian or attorney ad litem has been
    4-3  appointed for the child, a power as an agent of the child to act in
    4-4  relation to the child's estate if the child's action is required by
    4-5  a state, the United States, or a foreign government; and
    4-6                    (D)  the power to receive and give receipt for
    4-7  periodic payments for the support of the child and to hold or
    4-8  disburse these funds for the benefit of the child.
    4-9        (c) <(b)>  A managing conservator who is not the parent of
   4-10  the child has the following rights, privileges, duties, and powers,
   4-11  subject to Subsection (b) of this section, to the rights,
   4-12  privileges, duties, and powers of a possessory conservator as
   4-13  provided in Section 14.04 of this code, and to any limitation
   4-14  imposed by court order in allowing access to the child:
   4-15              (1)  the right to have physical possession, to direct
   4-16  the moral and religious training, and to establish the legal
   4-17  domicile of the child;
   4-18              (2)  the duty of care, control, protection, and
   4-19  reasonable discipline of the child;
   4-20              (3)  the duty to provide the child with clothing, food,
   4-21  shelter, and education;
   4-22              (4)  the right to the services and earnings of the
   4-23  child;
   4-24              (5)  the power to consent to marriage, to enlistment in
   4-25  the armed forces of the United States, and to medical, psychiatric,
   4-26  psychological, dental, and surgical treatment;
   4-27              (6)  the power to represent the child in legal action
    5-1  and to make other decisions of substantial legal significance
    5-2  concerning the child including, except when a guardian of the
    5-3  child's estate or a guardian or attorney ad litem has been
    5-4  appointed for the child, a power as an agent of the child to act in
    5-5  relation to the child's estate if the child's action is required by
    5-6  a state, the United States, or a foreign government;
    5-7              (7)  the power to receive and give receipt for periodic
    5-8  payments for the support of the child and to hold or disburse these
    5-9  funds for the benefit of the child; and
   5-10              (8)  if the parent-child relationship has been
   5-11  terminated with respect to the parents, or only living parent, or
   5-12  if there is no living parent, the power to consent to the adoption
   5-13  of the child and to make any other decision concerning the child
   5-14  that a parent could make.
   5-15        (d) <(c)>  A person or authorized agency designated managing
   5-16  conservator of a child in an irrevocable or unrevoked affidavit of
   5-17  relinquishment executed pursuant to Section 15.03 of this code
   5-18  shall have a right to possession of the child superior to the right
   5-19  of the person executing the affidavit, the right to consent to
   5-20  medical and surgical treatment of the child, and the rights,
   5-21  privileges, duties, and powers given by Section 14.04 of this code
   5-22  to a possessory conservator until such time as these rights,
   5-23  privileges, duties, and powers are modified or terminated by court
   5-24  order.
   5-25        (e) <(d)>  The appointment of a managing conservator does not
   5-26  create, rescind, or otherwise alter a right to inherit as
   5-27  established by law or as modified under Chapter 15 of this code.
    6-1        <(e)  If both parents are appointed as joint managing
    6-2  conservators of the child as provided by Section 14.021 of this
    6-3  code, either by agreement between the parties or by court order,
    6-4  the court shall specify the rights, privileges, duties, and powers
    6-5  of a parent that are to be retained by both parents to be exercised
    6-6  jointly, and the rights, privileges, duties, and powers that are to
    6-7  be exercised exclusively by one parent.  The court shall specify
    6-8  that the parents exchange information concerning the health,
    6-9  education, and welfare of the child, and, if possible, confer
   6-10  before making decisions concerning the health, education, and
   6-11  welfare of the child.>
   6-12        SECTION 3.  Section 14.021(a), Family Code, is amended to
   6-13  read as follows:
   6-14        (a)  It is the policy of this state to assure that children
   6-15  will have frequent and continuing contact with parents who have
   6-16  shown the ability to act in the best interest of the child, to
   6-17  provide a stable environment for the child, and to encourage
   6-18  parents to share in the rights and responsibilities of raising
   6-19  their children after the parents have separated or dissolved their
   6-20  marriage.
   6-21        SECTION 4.  Sections 14.032(a), (b), and (c), Family Code,
   6-22  are amended to read as follows:
   6-23        (a)  Policy and Application.  <Child Three Years of Age or
   6-24  Older.>  The guidelines for the possession of a child by a parent
   6-25  named as a Possessory Conservator in this chapter are intended to
   6-26  guide the courts in determining the terms and conditions for
   6-27  possession of a child by a parent named as a possessory conservator
    7-1  in any suit affecting the parent-child relationship.  It is the
    7-2  policy of this state to encourage frequent contact between a child
    7-3  and each parent for periods of possession that optimize the
    7-4  development of a close and continuing relationship between each
    7-5  parent and child.  It is preferable for all children in a family to
    7-6  be together during periods of possession.  The standard possession
    7-7  order is <These guidelines are> designed to apply to a child three
    7-8  years of age or older.
    7-9        (b)  Child Less Than Three Years of Age <Old>.  In rendering
   7-10  an order for possession of a child less than three years of age the
   7-11  court shall make an order appropriate under the circumstances
   7-12  considering the factors listed in Subsection (c) below.  The <old,
   7-13  the court may either render a "standard possession order," as
   7-14  defined in Section 14.033 of this code, or an order appropriate
   7-15  under the circumstances considering the age of the child.  If a
   7-16  standard possession order is not rendered, the> court shall also
   7-17  render a prospective order to take effect on the child's third
   7-18  birthday, which presumptively will be the standard possession
   7-19  order.
   7-20        (c)  Factors.  In determining the terms of possession of a
   7-21  child, the court shall be guided by the guidelines and may
   7-22  consider<, in varying from or following the guidelines>:
   7-23              (1)  the age, developmental status, circumstances,
   7-24  needs, and best interest of the child;
   7-25              (2)  the circumstances of the managing conservator and
   7-26  of the parent named as a possessory conservator; and
   7-27              (3)  any other relevant factor.
    8-1        SECTION 5.  Sections 14.033(b)-(j) and (m), Family Code, are
    8-2  amended to read as follows:
    8-3        (b)  Mutual Agreement or Specified Terms for Possession.  The
    8-4  court shall expressly state in a standard order that the parties
    8-5  may have possession of the child at any and all times mutually
    8-6  agreed to in advance by the parties and, in the absence of
    8-7  <failing> mutual agreement, shall have possession of the child
    8-8  under the specified terms set out in the standard order.
    8-9        (c)  Parents Who Reside 100 Miles or Less Apart.  Except as
   8-10  otherwise explicitly provided, if the possessory conservator
   8-11  resides 100 miles or less from the primary residence of the child,
   8-12  the possessory conservator shall have the right to possession of
   8-13  the child as follows:
   8-14              (1)  on weekends beginning at <from> 6 p.m. on the
   8-15  first, third, and fifth Friday of each month and ending at <until>
   8-16  6 p.m. on the following Sunday or, at the possessory conservator's
   8-17  election made before or at the time of the rendition of the
   8-18  original or modification order, and as specified in the original or
   8-19  modification order, beginning at <from> the time the child's school
   8-20  is regularly dismissed and ending at <day ends, if any, until> 6
   8-21  p.m. on the following Sunday; and
   8-22              (2)  on Wednesdays of each week during the regular
   8-23  school term beginning at <from> 6 p.m. and ending at <until> 8
   8-24  p.m., or, at the possessory conservator's election made before or
   8-25  at the time of the rendition of the original or modification order,
   8-26  and as specified in the original or modification order, beginning
   8-27  at <from> the time the child's school is regularly dismissed and
    9-1  ending at <day ends, if any, until> 8 p.m.
    9-2        (d)  Weekend Possession Extended by Holiday.  Except as
    9-3  otherwise explicitly provided, if a weekend period of possession of
    9-4  the possessory conservator coincides with a school holiday during
    9-5  the regular school term or with a federal, state, or local holiday
    9-6  during the summer months in which school is not in session, the
    9-7  weekend possession shall end at <extend until> 6 p.m. on a Monday
    9-8  holiday or school holiday or shall begin at 6 p.m. Thursday for a
    9-9  Friday holiday or school holiday, as applicable or, at the
   9-10  possessory conservator's election, made before or at the time of
   9-11  the rendition of the original or modification order, and as
   9-12  specified in the original or modification order, shall begin at the
   9-13  time the child's school is regularly dismissed.
   9-14        (e)  Vacations and Holidays.  The following provisions govern
   9-15  possession of the child for vacations and for certain specific
   9-16  holidays and supersede any conflicting weekend or Wednesday periods
   9-17  of possession provided by Subsections (c) and (d) of this section.
   9-18  The possessory conservator and the managing conservator shall have
   9-19  rights of possession of the child as follows:
   9-20              (1)  the possessory conservator shall have possession
   9-21  of the child in even-numbered years beginning at <from> 6:00 p.m.
   9-22  on the <last school> day the child is dismissed from school for
   9-23  <before> the Christmas school vacation and ending at <begins until>
   9-24  noon on December 26th, and the managing conservator shall have
   9-25  possession for the same period in odd-numbered years;
   9-26              (2)  the possessory conservator shall have possession
   9-27  of the child in odd-numbered years beginning at <from> noon on
   10-1  December 26th and ending at <until> 6:00 p.m. on the day before
   10-2  school resumes after that vacation, and the managing conservator
   10-3  shall have possession for the same period in even-numbered years;
   10-4              (3)  the possessory conservator shall have possession
   10-5  of the child in odd-numbered years, beginning at <from> 6:00 p.m.
   10-6  on the day the child is dismissed from school <the Wednesday>
   10-7  before Thanksgiving and ending at <until> 6:00 p.m. on the
   10-8  following Sunday, and the managing conservator shall have
   10-9  possession for the same period in even-numbered years;
  10-10              (4)  the possessory conservator shall have possession
  10-11  in even-numbered years, beginning at <from> 6:00 p.m. on the <last
  10-12  school> day the child is dismissed from school for <before> the
  10-13  school's spring vacation and ending at <begins until> 6:00 p.m. on
  10-14  the day before school resumes after that vacation, and the managing
  10-15  conservator shall have possession for the same period in
  10-16  odd-numbered years;
  10-17              (5)  if any <the> possessory conservator:
  10-18                    (A)  gives the managing conservator written
  10-19  notice by May 1 of each year specifying an extended period or
  10-20  periods of summer possession, the possessory conservator shall have
  10-21  possession of the child for 30 days beginning no earlier than the
  10-22  day after the child's school is dismissed for the summer vacation
  10-23  and ending no later than seven days prior to school resuming at the
  10-24  end of the summer vacation <between June 1 and August 31>, to be
  10-25  exercised in no more than two separate periods of at least seven
  10-26  consecutive days each; or
  10-27                    (B)  does not give the managing conservator
   11-1  written notice by May 1 of each year specifying an extended period
   11-2  or periods of summer possession, the possessory conservator shall
   11-3  have possession of the child for 30 consecutive days beginning at 6
   11-4  p.m. on July 1 and ending at 6 p.m. on July 31;
   11-5              (6)  if the managing conservator gives the possessory
   11-6  conservator written notice by June 1 <May 15> of each year <or
   11-7  gives the possessory conservator 14 days' written notice on or
   11-8  after May 16 of each year>, the managing conservator shall have
   11-9  possession of the child on any one weekend beginning <from> Friday
  11-10  at 6 p.m. and ending at <to> 6 p.m.  on the following Sunday during
  11-11  any one period of possession by the possessory conservator under
  11-12  Subdivision (5) of this subsection, provided that the managing
  11-13  conservator picks up the child from the possessory conservator and
  11-14  returns the child to that same place;
  11-15              (7)  if the managing conservator gives the possessory
  11-16  conservator written notice by May 15 of each year or gives the
  11-17  possessory conservator 14 days' written notice on or after May 16
  11-18  of each year, the managing conservator may designate one weekend
  11-19  beginning no earlier than the day after the child's school is
  11-20  dismissed for the summer vacation and ending no later than seven
  11-21  days prior to school resuming at the end of the summer vacation
  11-22  <between June 1 and August 31>, during which an otherwise scheduled
  11-23  weekend period of possession by the possessory conservator will not
  11-24  take place, provided that the weekend so designated does not
  11-25  interfere with the possessory conservator's period or periods of
  11-26  extended summer possession or with Father's Day if the possessory
  11-27  conservator is the father of the child;
   12-1              (8)  the parent not otherwise entitled under this
   12-2  standard order to present <in> possession of a child on the child's
   12-3  birthday shall have possession of the child beginning at <from> 6
   12-4  p.m. and ending at <to> 8 p.m.  on that day, provided that <the>
   12-5  said parent <not in possession> picks up the child from the
   12-6  <child's> residence of the conservator entitled to possession and
   12-7  returns the child to that same place;
   12-8              (9)  if a conservator, the father shall have possession
   12-9  of the child beginning at 6:00 p.m. on the Friday preceding
  12-10  Father's Day and ending on Father's Day at <from 9 a.m. to> 6 p.m.,
  12-11  provided that, if he is not otherwise entitled under this standard
  12-12  order to present <in> possession of the child, he picks up the
  12-13  child from the <child's> residence of the conservator entitled to
  12-14  possession and returns the child to that same place; and
  12-15              (10)  if a conservator, the mother shall have
  12-16  possession of the child beginning at 6:00 p.m. on the Friday
  12-17  preceding Mother's Day and ending on Mother's Day at <from 9 a.m.
  12-18  to> 6 p.m., provided that, if she is not otherwise entitled under
  12-19  this standard order to present <in> possession of the child, she
  12-20  picks up the child from the <child's> residence of the conservator
  12-21  entitled to possession and returns the child to that same place.
  12-22        (f)  Parents Who Reside Over 100 Miles Apart.  Except as
  12-23  otherwise explicitly provided, if the possessory conservator
  12-24  resides more than 100 miles from the residence of the child, the
  12-25  possessory conservator shall have the right to possession of the
  12-26  child as follows:
  12-27              (1)  either regular weekend possession beginning on the
   13-1  first, third, and fifth Friday as provided under the terms of
   13-2  Subsections <Subsection> (c)(1) and (d) of this section, or not
   13-3  more than one weekend per month of the possessory conservator's
   13-4  choice beginning at 6:00 p.m. on the day school recesses for the
   13-5  weekend and ending at 6:00 p.m. on the day before school resumes
   13-6  after the weekend, provided that the possessory conservator gives
   13-7  the managing conservator seven days' written or telephonic notice
   13-8  preceding a designated weekend, and provided that the possessory
   13-9  conservator elects an option for this alternative period of
  13-10  possession <either before the rendition of the original or
  13-11  modification order or> by written notice given to the managing
  13-12  conservator within 90 days after the parties begin to reside more
  13-13  than 100 miles apart, as applicable, and provided that the weekend
  13-14  possessions do not conflict with Subsection (e)(1) through (3) and
  13-15  (e)(8) through (10) of this section;
  13-16              (2)  the terms of Subsections (e)(1) through (3) and
  13-17  (e)(8) through (10) of this section are applicable when the
  13-18  possessory conservator resides more than 100 miles from the
  13-19  residence of the child;
  13-20              (3)  each year beginning <every spring school vacation
  13-21  from 6:00 p.m.> on the day school for the child is dismissed from
  13-22  school for the school's spring vacation and ending at <recesses
  13-23  until> 6:00 p.m. on the day before school resumes after that
  13-24  vacation;
  13-25              (4)  if the possessory conservator:
  13-26                    (A)  gives the managing conservator written
  13-27  notice by May 1 of each year specifying an extended period or
   14-1  periods of summer possession, the possessory conservator shall have
   14-2  possession of the child for 42 days beginning no earlier than the
   14-3  day after the child's school is dismissed for the summer vacation
   14-4  and ending no later than seven days prior to school resuming at the
   14-5  end of the summer vacation <between June 1 and August 31>, to be
   14-6  exercised in no more than two separate periods of at least seven
   14-7  consecutive days each; or
   14-8                    (B)  does not give the managing conservator
   14-9  written notice by May 1 of each year specifying an extended period
  14-10  or periods of summer possession, the possessory conservator shall
  14-11  have possession of the child for 42 consecutive days beginning at 6
  14-12  p.m. on June 15 and ending at 6 p.m. on July 27;
  14-13              (5)  if the managing conservator gives the possessory
  14-14  conservator written notice by June 1 <May 15> of each year <or
  14-15  gives the possessory conservator 14 days' notice on or after May 16
  14-16  of each year,> the managing conservator shall have possession of
  14-17  the child on any one weekend beginning at <from> Friday at 6 p.m.
  14-18  and ending at <to> 6 p.m. on the following Sunday during any one
  14-19  period of possession by the possessory conservator under
  14-20  Subdivision (4) of this subsection, provided that if a period of
  14-21  possession by the possessory conservator exceeds 30 days, the
  14-22  managing conservator may have possession of the child under the
  14-23  terms of this subdivision on any two nonconsecutive weekends during
  14-24  that time period, and further provided that the managing
  14-25  conservator picks up the child from the possessory conservator and
  14-26  returns the child to that same place; and
  14-27              (6)  if the managing conservator gives the possessory
   15-1  conservator written notice by May 15 of each year or gives the
   15-2  possessory conservator 30 days' written notice on or after May 16
   15-3  of each year, the managing conservator may designate 21 days
   15-4  beginning no earlier than the day after the child's school is
   15-5  dismissed for the summer vacation and ending no later than seven
   15-6  days prior to school resuming at the end of the summer vacation
   15-7  <between June 1 and August 31>, to be exercised in no more than two
   15-8  separate periods of at least seven consecutive days each, during
   15-9  which the possessory conservator shall not have possession of the
  15-10  child, provided that the period or periods so designated do not
  15-11  interfere with the possessory conservator's period or periods of
  15-12  extended summer possession or with Father's Day if the possessory
  15-13  conservator is the father of the child.
  15-14        (g)  General Terms and Conditions.  Except as otherwise
  15-15  explicitly provided, terms and conditions of possession of a child
  15-16  that apply irrespective of the distance between the residence of a
  15-17  parent and the child are as follows:
  15-18              (1)  the managing conservator shall surrender the child
  15-19  to the possessory conservator at the beginning of each period of
  15-20  the possessory conservator's possession at the residence of the
  15-21  managing conservator;
  15-22              (2)  if the possessory conservator elects to begin a
  15-23  period of possession at the time the child's school is regularly
  15-24  dismissed, the managing conservator shall surrender the child to
  15-25  the possessory conservator at the beginning of each such period of
  15-26  possession at the school in which the child is enrolled;
  15-27              (3)  the possessory conservator shall be ordered to do
   16-1  one of the following:
   16-2                    (A)  the possessory conservator shall surrender
   16-3  the child to the managing conservator at the end of each period of
   16-4  possession at the residence of the possessory conservator; or
   16-5                    (B)<, in the alternative,> the possessory
   16-6  conservator shall return the child to the residence of the managing
   16-7  conservator at the end of each period of possession, except that
   16-8  the order shall provide that if the possessory conservator's county
   16-9  of domicile remains the same after the rendition of the order
  16-10  establishing terms and conditions of possession and access, and if
  16-11  the managing conservator's county of domicile should change,
  16-12  effective on the date of the change of domicile by the managing
  16-13  conservator, the possessory conservator shall surrender the child
  16-14  to the managing conservator at the end of each period of possession
  16-15  at the residence of the possessory conservator;
  16-16              (4)  if the possessory conservator elects to end a
  16-17  period of possession at the time the child's school resumes, the
  16-18  possessory conservator shall surrender the child to the managing
  16-19  conservator at the end of each period of possession at the school
  16-20  in which the child is enrolled;
  16-21              (5) <(3)>  each conservator shall return with the child
  16-22  the personal effects that the child brought at the beginning of the
  16-23  period of possession;
  16-24              (6) <(4)>  either parent may designate any competent
  16-25  adult to pick up and return the child, as applicable; a parent or a
  16-26  designated competent adult shall be present when the child is
  16-27  picked up or returned;
   17-1              (7) <(5)>  a parent shall give notice to the person in
   17-2  possession of the child on each occasion that the parent will be
   17-3  unable to exercise that parent's right of possession for any
   17-4  specified period; repeated failure of a parent to give notice of an
   17-5  inability to exercise possessory rights may be considered as a
   17-6  factor in a modification of those possessory rights;
   17-7              (8) <(6)>  written notice shall be deemed to have been
   17-8  timely made if received or postmarked before or at the time that
   17-9  notice is due; and
  17-10              (9) <(7)>  if a conservator's time of possession of a
  17-11  child ends at the time school resumes and for any reason the child
  17-12  is not or will not be returned to school, the conservator in
  17-13  possession of the child shall immediately notify the school and the
  17-14  other conservator that the child will not be or has not been
  17-15  returned to school.
  17-16        (h)  Means of Travel.  In an order providing for the terms
  17-17  and conditions of possession <possessory conservatorship> of a
  17-18  child the court may restrict the means of travel of the child by a
  17-19  legal mode of transportation only after a showing of good cause
  17-20  contained in the record and a finding by the court that the
  17-21  restriction is in the best interest of the child.  Further, the
  17-22  court shall set forth in its order the specific duties of the
  17-23  conservators to provide appropriate transportation to and from the
  17-24  relevant transportation facilities.
  17-25        (i)  Alternative Possession Times.  If a child is enrolled in
  17-26  school, and the possessory conservator elects before or at the time
  17-27  of the rendition of the original or modification order <consents,
   18-1  and the court finds that it is in the best interest of the child>,
   18-2  the standard order may expressly provide that the possessory
   18-3  conservator's period of possession shall begin or end, or both, at
   18-4  a different time expressly set in the standard order under and
   18-5  within the range of alternative times provided by one or both of
   18-6  the following subdivisions:
   18-7              (1)  instead of a period of possession by a possessory
   18-8  conservator beginning at 6 p.m. on the day school recesses, the
   18-9  period of possession may be set in the standard possession order to
  18-10  begin at the time the child's school is regularly dismissed
  18-11  <recesses> or at any time between the time the child's school is
  18-12  regularly dismissed <recesses> and 6 p.m.; and
  18-13              (2)  instead of a period of possession by a possessory
  18-14  conservator ending at 6 p.m. on the day before school resumes, the
  18-15  period of possession may be set in the standard order to end at the
  18-16  time school resumes or at <any time between> 6 p.m. on the day
  18-17  before school resumes <and the time that school resumes>.
  18-18        (j)  Application of Alternative Possession Times.  The
  18-19  alternative possession times provided by Subsection (i) of this
  18-20  section may be applied to regular weekend possession under
  18-21  Subsections (c)(1) and (f)(1) of this section and to holiday
  18-22  possession under Subsections (e)(1) through (4) and Subsections
  18-23  (f)(2) and (3) of this section, but Subsection (i)(2) of this
  18-24  section may not be applied to Christmas school vacation under
  18-25  Subsection (e)(1) of this section or Wednesday evening possession
  18-26  under Subsection (c)(2) of this section and Subsection (i)(1) of
  18-27  this section may not be applied to Christmas school vacation under
   19-1  Subsection (e)(2) of this section.  Subsection (i)(1) of this
   19-2  section <but> may <not> be applied to Wednesday evening possession
   19-3  under Subsection (c)(2) of this section.
   19-4        (m)  Unusual Circumstances.  If the work schedule or other
   19-5  special circumstances of the managing conservator, the possessory
   19-6  conservator, or the child, or the year round school schedule of the
   19-7  child make the standard possession order unworkable or
   19-8  inappropriate, the court shall render an order that grants periods
   19-9  of possession of the child as similar as possible to those provided
  19-10  by the standard order.
  19-11        SECTION 6.  Sections 14.04(a) and (c), Family Code, are
  19-12  amended to read as follows:
  19-13        (a)  A possessory conservator has the following rights,
  19-14  privileges, duties, and powers during the period of possession,
  19-15  subject to Section 14.02(b) of this code and any limitations
  19-16  expressed in the decree:
  19-17              (1)  the duty of care, control, protection, and
  19-18  reasonable discipline of the child;
  19-19              (2)  the duty to provide the child with clothing, food,
  19-20  and shelter; and
  19-21              (3)  the power to consent to medical, dental, and
  19-22  surgical treatment during an emergency involving an immediate
  19-23  danger to the health and safety of the child.
  19-24        (c)  A possessory conservator has the right of access to
  19-25  medical, dental, psychological, and educational records of the
  19-26  child to the same extent as the managing conservator.  The court
  19-27  shall include in the decree appointing a possessory conservator a
   20-1  statement of this right, but the right is not abrogated or
   20-2  diminished if the statement is omitted from the decree.  If ordered
   20-3  in the decree appointing a possessory conservator, the <The>
   20-4  custodian of records shall delete all references in the records to
   20-5  the place of residence of the managing conservator of the child
   20-6  prior to their release to the possessory conservator.
   20-7        SECTION 7.  Sections 14.045(a) and (c), Family Code, are
   20-8  amended to read as follows:
   20-9        (a)  Each decree that provides for the appointment of a
  20-10  conservator who has possession of or access to a child shall
  20-11  include, and in its absence shall be deemed to include, the
  20-12  requirement that each conservator who intends a change of place of
  20-13  residence must give written notice of the intended date of change,
  20-14  new telephone number, and new street address of residence to the
  20-15  court having jurisdiction of the suit affecting the parent-child
  20-16  relationship in which the order was made and to every other party
  20-17  who has possession of or access to the child.  The notice must be
  20-18  given on or before the 60th <30th> day before the conservator
  20-19  changes the conservator's place of residence.  If the conservator
  20-20  did not know or could not have known of the change of residence or
  20-21  if the required information was not available within the
  20-22  60-day <30-day> period, the conservator shall supply the written
  20-23  notice of the change of residence or the related information on or
  20-24  before the fifth day after the date that the conservator knew or
  20-25  should have known of the change or of the related information.
  20-26        (c)  The notice required by this section may be given to a
  20-27  party <served> by delivery of a copy of the notice to the party <to
   21-1  be served> either in person or by registered or certified mail,
   21-2  return receipt requested, to the last known address of the party
   21-3  <to be served>.  The notice required by this section may be given
   21-4  to the court by delivery of a copy of the notice either in person
   21-5  to the clerk of the court or by registered or certified mail
   21-6  addressed to the clerk of the court.
   21-7        SECTION 8.  Section 14.053, Family Code, is amended by
   21-8  amending Subsections (b) and (d) and adding Subsection (l) to read
   21-9  as follows:
  21-10        (b)  Net Resources Defined.  "Net resources," for the purpose
  21-11  of determining child support liability, are 100 percent of all wage
  21-12  and salary income and other compensation for personal services
  21-13  (including commissions, overtime pay, tips, and bonuses), interest,
  21-14  dividends, royalty income, self-employment income (as described in
  21-15  Subsection (c) of this section), net rental income (defined as rent
  21-16  after deducting operating expenses and mortgage payments, but not
  21-17  including noncash items such as depreciation), and all other income
  21-18  actually being received, including but not limited to severance
  21-19  pay, retirement benefits, pensions, trust income, annuities,
  21-20  capital gains, social security benefits, unemployment benefits,
  21-21  disability and workers' compensation benefits, interest income from
  21-22  notes but not including return of principal or capital, <and/or>
  21-23  accounts receivable regardless of the source, gifts and prizes,
  21-24  spousal maintenance, and alimony, less (subtracting) 100 percent of
  21-25  social security taxes, federal income tax withholding for a single
  21-26  person claiming one personal exemption and the standard deduction,
  21-27  union dues, and expenses for health insurance coverage for the
   22-1  obligor's child.  Benefits paid pursuant to aid for families with
   22-2  dependent children and any other child support received from any
   22-3  source shall be disregarded in calculating net resources.
   22-4        (d)  Health Insurance.  The guidelines for a court order for
   22-5  the support of a child in this chapter assume that the court will
   22-6  order the obligor to provide health insurance coverage for the
   22-7  child subject of the suit in addition to the amount of child
   22-8  support calculated pursuant to these guidelines.  If the court
   22-9  finds and sets forth in the order setting child support that the
  22-10  obligee will maintain health insurance coverage at the obligee's
  22-11  expense for the child, the court may increase the amount of child
  22-12  support to be paid by the obligor in an amount not exceeding the
  22-13  total expense to the obligee for maintaining health insurance
  22-14  coverage.  As additional child support the court shall allocate
  22-15  between the parties, according to the parties' circumstances, the
  22-16  reasonable and necessary health care expenses of a child that are
  22-17  not reimbursed by health insurance.
  22-18        (l)  Retroactive Support.  The guidelines for the support of
  22-19  a child in this chapter are intended to guide the court in
  22-20  determining the amount of retroactive child support that may be
  22-21  ordered under this chapter or Chapter 13 of this code.  In ordering
  22-22  retroactive child support, the court shall consider the net
  22-23  resources of the obligor during the relevant time period.
  22-24        SECTION 9.  Sections 14.055(a), (b), and (c), Family Code,
  22-25  are amended to read as follows:
  22-26        (a)  Rebuttable Presumption.  The guidelines for the support
  22-27  of a child in this chapter are specifically designed to apply to
   23-1  situations in which the obligor's monthly net resources are $6,000
   23-2  <$4,000> or less. In any suit affecting the parent-child
   23-3  relationship, there is a rebuttable presumption that an order
   23-4  containing the amount of periodic child support payments
   23-5  established by the schedule provided in this section is reasonable
   23-6  and that the order is in the best interest of the child.  A court
   23-7  may determine that the application of the guidelines would be
   23-8  unjust or inappropriate under the circumstances.
   23-9        (b)  Schedule:  $6,000 <$4,000> or Less Monthly Net
  23-10  Resources.  In rendering an order of child support under
  23-11  circumstances in which the obligor's monthly net resources are
  23-12  $6,000 <$4,000> or less, the court shall presumptively apply the
  23-13  following schedule:
  23-14                       CHILD SUPPORT GUIDELINES
  23-15           BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
  23-16  1 child            20% of Obligor's Net Resources
  23-17  2 children         25% of Obligor's Net Resources
  23-18  3 children         30% of Obligor's Net Resources
  23-19  4 children         35% of Obligor's Net Resources
  23-20  5<+> children      40% of Obligor's Net Resources <Not less than
  23-21                     the amount for 4 children>
  23-22  6+ children        Not less than the amount for 5 children
  23-23        (c)  More Than $6,000 <$4,000> Monthly Net Resources.  In
  23-24  situations in which the obligor's net resources exceed $6,000
  23-25  <$4,000> per month, the court shall presumptively apply the
  23-26  percentage guidelines in Subsection (b) of this section to the
  23-27  first $6,000 <$4,000> of the obligor's net resources.  Without
   24-1  further reference to the percentage recommended by these
   24-2  guidelines, the court may order additional amounts of child support
   24-3  as appropriate <proven,> depending on the income of the parties and
   24-4  the proven needs of the child <at the time of the order>.  The
   24-5  proper calculation of a child support order that exceeds the
   24-6  presumptive amount established for the first $6,000 of the
   24-7  obligor's net resources requires that the entire amount of the
   24-8  presumptive award be subtracted from the proven total needs of the
   24-9  child.  After the presumptive award is subtracted, the court shall
  24-10  allocate between the parties the responsibility to meet the
  24-11  additional needs of the child according to the circumstances of the
  24-12  parties.  However, in no event may the obligor be required to pay
  24-13  more than an amount equal to 100 percent of the proven needs of the
  24-14  child as child support.
  24-15        SECTION 10.  Sections 14.08(c) and (d), Family Code, are
  24-16  amended to read as follows:
  24-17        (c)  After a hearing, the court may modify an order or a
  24-18  portion of a decree that:
  24-19              (1)  designates a sole managing conservator if:
  24-20                    (A)  the circumstances of the child, sole
  24-21  managing conservator, possessory conservator, or other party
  24-22  affected by the order or decree have materially and substantially
  24-23  changed since the date of the rendition of the order or decree to
  24-24  be modified; and
  24-25                    (B)  the retention of the present sole managing
  24-26  conservator would be injurious to the welfare of the child; and
  24-27                    (C)  the appointment of the new sole managing
   25-1  conservator would be a positive improvement for the child; or
   25-2              (2)  provides for the support of a child if the
   25-3  circumstances of the child or a person affected by the order or
   25-4  portion of the decree to be modified have materially and
   25-5  substantially changed since the date of its rendition, except that
   25-6  a support order may be modified only as to obligations accruing
   25-7  after the earlier of the date of service of citation or an
   25-8  appearance on the motion to modify; or
   25-9              (3)  sets the terms and conditions for possession of or
  25-10  access to a child, or prescribes the relative rights, privileges,
  25-11  duties, and powers of conservators if:
  25-12                    (A)  the circumstances of the child or a person
  25-13  affected by the order or portion of the decree to be modified have
  25-14  materially and substantially changed since the date of rendition of
  25-15  the order or decree; or
  25-16                    (B)  the order or portion of the decree to be
  25-17  modified has become unworkable or inappropriate under existing
  25-18  circumstances; or
  25-19                    (C)  the notice required by Section 14.031 of
  25-20  this code was not given, or there was a change in a conservator's
  25-21  residence to a place outside the jurisdiction of the court.  If a
  25-22  change of residence results in increased expenses for any party
  25-23  having possession of or access to a child, the court may enter
  25-24  appropriate orders to allocate those increased costs on a fair and
  25-25  equitable basis, taking into account the cause of the increased
  25-26  costs and the best interest of the child.  The payment of increased
  25-27  costs by the party whose residence is changed is rebuttably
   26-1  presumed to be in the best interest of the child.  Such an order
   26-2  may be entered without regard to whether any other change in the
   26-3  terms and conditions of possession of or access to the child is
   26-4  made; or
   26-5              (4)  designates a sole managing conservator if the sole
   26-6  managing conservator has voluntarily relinquished possession and
   26-7  control of the child for a period of more than six months and the
   26-8  modification is in the best interest of the child; or
   26-9              (5)  designates a sole managing conservator if a parent
  26-10  of the child requests appointment as a joint managing conservator,
  26-11  and the court finds that:
  26-12                    (A)  the circumstances of the child or the sole
  26-13  managing conservator have materially and substantially changed
  26-14  since the rendition of the order or decree to be modified;
  26-15                    (B)  retention of a sole managing conservatorship
  26-16  would be detrimental to the welfare of the child; and
  26-17                    (C)  the appointment of the parent as a joint
  26-18  managing conservator would be a positive improvement for and in the
  26-19  best interest of the child.
  26-20        (d)  If the motion is filed for the purpose of changing the
  26-21  designation of the sole managing conservator and is filed within
  26-22  one year after the date of the rendition of the order or decree to
  26-23  be modified, there shall be attached to the motion an affidavit
  26-24  executed by the person making the motion.  The affidavit must
  26-25  contain, along with supporting facts, at least one of the following
  26-26  allegations that <along with the supportive facts>:
  26-27              (1)  <that> the child's present environment may
   27-1  endanger his physical health or significantly impair his emotional
   27-2  development; <or>
   27-3              (2)  <that> the sole managing conservator is the person
   27-4  seeking the modification or consents to the modification, and the
   27-5  modification is in the best interest of the child; or
   27-6              (3)  the child's sole managing conservator has
   27-7  voluntarily relinquished the actual care, control, and possession
   27-8  of the child for more than six months and the modification is in
   27-9  the best interest of the child.
  27-10        SECTION 11.  (a)  This Act takes effect September 1, 1993.
  27-11        (b)  This Act applies to an original or modified order in a
  27-12  suit affecting the parent-child relationship under Title 2, Family
  27-13  Code, made on or after that date.  The change made by this Act to
  27-14  Section 14.08(d), Family Code, applies only to a proceeding under
  27-15  that section in which a hearing has not been held before the
  27-16  effective date of this Act.
  27-17        (c)  The enactment of the amendments made by this Act does
  27-18  not affect the validity or obligations, terms, and conditions of an
  27-19  order in a suit affecting the parent-child relationship made before
  27-20  the effective date of this Act, and this Act does not constitute a
  27-21  change of circumstances under Section 14.08, Family Code.
  27-22        SECTION 12.  The importance of this legislation and the
  27-23  crowded condition of the calendars in both houses create an
  27-24  emergency and an imperative public necessity that the
  27-25  constitutional rule requiring bills to be read on three several
  27-26  days in each house be suspended, and this rule is hereby suspended.