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.