1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 1630
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 18, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 6, Nays 0; May 18, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Harris of Tarrant
1-16 Amend H.B. 1630 as follows:
1-17 Delete current Sections 4 and 5 and add Sections 4 through 10
1-18 to read: SECTION 4. Section 14.032(a), (b), and (c), Family Code,
1-19 are amended to read as follows:
1-20 (a) Policy and Application. <Child Three Years of Age or
1-21 Older.> The guidelines for the possession of a child by a parent
1-22 named as a Possessory Conservator in this chapter are intended to
1-23 guide the courts in determining the terms and conditions for
1-24 possession of a child by a parent named as a possessory conservator
1-25 in any suit affecting the parent-child relationship. It is the
1-26 policy of this state to encourage frequent contact between a child
1-27 and each parent for periods of possession that optimize the
1-28 development of a close and continuing relationship between each
1-29 parent and child. It is preferable for all children in a family to
1-30 be together during periods of possession. The "standard possession
1-31 order' is <These guidelines are> designed to apply to a child three
1-32 years of age or older.
1-33 (b) Child Less Than Three Years of Age <Old>. In rendering
1-34 an order for possession of a child less than three years of age the
1-35 court shall make an order appropriate under the circumstances
1-36 considering the factors listed in Subsection (c) below. The <old,
1-37 the court may either render a "standard possession order," as
1-38 defined in Section 14.033 of this code, or an order appropriate
1-39 under the circumstances considering the age of the child. If a
1-40 standard possession order is not rendered, the> court shall also
1-41 render a prospective order to take effect on the child's third
1-42 birthday, which presumptively will be the standard possession
1-43 order.
1-44 (c) Factors. In determining the terms of possession of a
1-45 child, the court shall be guided by the guidelines and may
1-46 consider<, in varying from or following the guidelines>:
1-47 (1) the age, developmental status, circumstances,
1-48 needs, and best interest of the child;
1-49 (2) the circumstances of the managing conservator and
1-50 of the parent named as a possessory conservator; and
1-51 (3) any other relevant factor.
1-52 SECTION 5: Section 14.033(b), (c), (d), (e), (f), (g), (h),
1-53 (i), (j) and (m) Family Code, are amended as follows:
1-54 (b) Mutual Agreement or Specified Terms for Possession. The
1-55 court shall expressly state in a standard order that the parties
1-56 may have possession of the child at any and all times mutually
1-57 agreed to in advance by the parties and, in the absence of
1-58 <failing> mutual agreement, shall have possession of the child
1-59 under the specified terms set out in the standard order.
1-60 (c) Parents Who Reside 100 Miles or Less Apart. Except as
1-61 otherwise explicitly provided, if the possessory conservator
1-62 resides 100 miles or less from the primary residence of the child,
1-63 the possessory conservator shall have the right to possession of
1-64 the child as follows:
1-65 (1) on weekends beginning at <from> 6 p.m. on the
1-66 first, third and fifth Friday of each month and ending at <until> 6
1-67 p.m. on the following Sunday or, at the possessory conservator's
1-68 election made before or at the time of the rendition of the
2-1 original or modification order, and as specified in the original or
2-2 modification order, beginning at <from> the time the child's school
2-3 is regularly dismissed and ending at <day ends, if any, until> 6
2-4 p.m. on the following Sunday; and
2-5 (2) on Wednesdays of each week during the regular
2-6 school term beginning at <from> 6 p.m. and ending at <until> 8 p.m.
2-7 or, at the possessory conservator's election made before or at the
2-8 time of the rendition of the original or modification order, and as
2-9 specified in the original or modification order, beginning at
2-10 <from> the time the child's school is regularly dismissed and
2-11 ending at <day ends, if any, until> 8 p.m..
2-12 (d) Weekend Possession Extended by Holidays. Except as
2-13 otherwise explicitly provided, if a weekend period of possession of
2-14 the possessory conservator coincides with a school holiday during
2-15 the regular school term or with a federal, state or local holiday
2-16 during the summer months in which school is not in session, the
2-17 weekend possession shall end at <extend until> 6 p.m. on a Monday
2-18 holiday or school holiday or shall begin at 6 p.m. Thursday for a
2-19 Friday holiday or school holiday, as applicable or, at the
2-20 possessory conservator's election, made before or at the time of
2-21 the rendition of original or modification order, and as specified
2-22 in the original or modification order, shall begin at the time the
2-23 child's school is regularly dismissed.
2-24 (e) Vacations and Holidays. The following provisions govern
2-25 possession of the child for vacations and for specific holidays and
2-26 supersede any conflicting weekend or Wednesday periods of
2-27 possession provided by Subsections (c) and (d) of this section.
2-28 The possessory conservator and the managing conservator shall have
2-29 rights of possession of the child as follows:
2-30 (1) the possessory shall have possession of the child
2-31 in even-numbered years beginning at <from> 6 P.M. on the <last
2-32 school> day the child is dismissed from school for <before> the
2-33 Christmas school vacation and ending at <begins until> noon on
2-34 December 26, and the managing conservator shall have possession for
2-35 the same period in odd-numbered years;
2-36 (2) the possessory conservator shall have possession
2-37 in odd-numbered years beginning at <from> noon on December 26 and
2-38 ending at <until> 6:00 P.M. on the day before school resumes after
2-39 that vacation, and the managing conservator shall have possession
2-40 for the same period in even-numbered years;
2-41 (3) the possessory conservator shall have possession
2-42 in odd-numbered years, beginning at <from> 6:00 P.M. on the day the
2-43 child is dismissed for school <the Wednesday> before Thanksgiving
2-44 and ending at <until> 6:00 P.M. on the following Sunday, and the
2-45 managing conservator shall have possession for the same period in
2-46 even-numbered years;
2-47 (4) the possessory conservator shall have possession
2-48 in even-numbered years, beginning at <from> 6:00 P.M. on the <last
2-49 school> day the child is dismissed from school for <before> the
2-50 school's spring vacation and ending at <begins until> 6:00 P.M. on
2-51 the day before school resumes after that vacation, and the managing
2-52 conservator shall have possession for the same period in
2-53 odd-numbered years;
2-54 (5) if any possessory conservator:
2-55 (A) gives the managing conservator written
2-56 notice by May 1 of each year specifying an extended period or
2-57 periods of summer possession, the possessory conservator shall have
2-58 possession of the child for 30 days beginning no earlier than the
2-59 day after the child's school is dismissed for the summer vacation
2-60 and ending no later than 7 days prior to school resuming at the end
2-61 of the summer vacation <between June 1 and August 31>, to be
2-62 exercised in no more than two separate periods of at least seven
2-63 consecutive days each; or
2-64 (B) does not give the managing conservator
2-65 written notice by May 1 of each year specifying an extended period
2-66 or periods of summer possession, the possessory conservator shall
2-67 have possession of the child for 30 consecutive days beginning at 6
2-68 p.m. on July 1 and ending at 6 p.m. on July 31;
2-69 (6) if the managing conservator gives the possessory
2-70 conservator written notice by June 1 <May 15> of each year <or
3-1 gives the possessory conservator 14 days' written notice on or
3-2 after May 16 of each year>, the managing conservator shall have
3-3 possession of the child on any one weekend beginning <from> Friday
3-4 at 6 p.m. and ending at <to> 6 p.m. on the following Sunday during
3-5 any one period of possession by the possessory conservator under
3-6 Subdivision (5) of this subsection, provided that the managing
3-7 conservator picks up the child from the possessory conservator and
3-8 returns the child to that same place;
3-9 (7) if the managing conservator gives the possessory
3-10 conservator written notice by May 15 of each year or gives the
3-11 possessory conservator 14 days' written notice on or after May 16
3-12 of each year, the managing conservator may designate one weekend
3-13 between beginning no earlier than the day after the child's school
3-14 is dismissed for the summer vacation and ending no later than 7
3-15 days prior to school resuming at the end of the summer vacation
3-16 <between June 1 and August 31>, during which an otherwise scheduled
3-17 weekend period of possession by the possessory conservator will not
3-18 take place, provided that the weekend so designated does not
3-19 interfere with the possessory conservator's period or periods of
3-20 extended summer possession or with Father's Day if the possessory
3-21 conservator is the father of the child;
3-22 (8) the parent not otherwise entitled under this
3-23 standard order to present <in> possession of a child on the child's
3-24 birthday shall have possession of the child beginning at <from> 6
3-25 p.m. and ending at <to> 8 p.m. on that day, provided that <the>
3-26 said parent <not in possession> picks up the child from the
3-27 <child's> residence of the conservator entitled to possession and
3-28 returns the child to that same place;
3-29 (9) if a conservator, the father shall have possession
3-30 of the child beginning at 6:00 p.m. on the Friday preceding
3-31 Father's Day and ending on Father's Day at <from 9 a.m. to> 6 p.m.,
3-32 provided that, if he is not otherwise entitled under this standard
3-33 order to present <in> possession of the child, he picks up the
3-34 child from the <child's> residence of the conservator entitled to
3-35 possession and returns the child to that same place; and
3-36 (10) if a conservator, the mother shall have
3-37 possession of the child beginning at 6:00 p.m. on the Friday
3-38 preceding Mother's Day and ending on Mother's Day at <from 9 a.m.
3-39 to> 6 p.m., provided that, if she is not otherwise entitled under
3-40 this standard order to present <in> possession of the child, she
3-41 picks up the child from the <child's> residence of the conservator
3-42 entitled to possession and returns the child to that same place.
3-43 (f) Parents Who Reside Over 100 Miles Apart. Except as
3-44 otherwise explicitly provided, if the possessory conservator
3-45 resides more than 100 miles from the residence of the child, the
3-46 possessory conservator shall have the right to possession of the
3-47 child as follows:
3-48 (1) either regular weekend possession beginning on the
3-49 first, third, and fifth Friday as provided under the terms of
3-50 Subsections (c)(1) and (d) of this section, or not more than one
3-51 weekend per month of the possessory conservator's choice beginning
3-52 at 6:00 P.M. on the day school recesses for the weekend and ending
3-53 at 6:00 P.M. on the day before school resumes after the weekend,
3-54 provided that the possessory conservator gives the managing
3-55 conservator seven days' written or telephonic notice preceding a
3-56 designated weekend and provided that the possessory conservator
3-57 elects an option for this alternative period of possession by
3-58 written notice given to the managing conservator within 90 days
3-59 after the parties begin to reside more than 100 miles apart as
3-60 applicable, and provided that the weekend possessions do not
3-61 conflict with Subsection (e)(1) through (3) and (e)(8) through (10)
3-62 of this section;
3-63 (2) the terms of Subsections (e)(1) through (3) and
3-64 (e)(8) through (10) of this section are applicable when the
3-65 possessory conservator resides more than 100 miles from the
3-66 residence of the child;
3-67 (3) each year beginning <every spring school vacation
3-68 from 6:00 P.M.> on the day school for the child is dismissed from
3-69 school for the school's spring vacation and ending at <recesses
3-70 until> 6:00 P.M. on the day before school resumes after that
4-1 vacation;
4-2 (4) if the possessory conservator:
4-3 (A) gives the managing conservator written
4-4 notice by May 1 of each year specifying an extended period or
4-5 periods of summer possession, the possessory conservator shall have
4-6 possession of the child for 42 days beginning no earlier than the
4-7 day after the child's school is dismissed for the summer vacation
4-8 and ending no later than 7 days prior to school resuming at the end
4-9 of the summer vacation <between June 1 and August 31>, to be
4-10 exercised in no more than two separate periods of at least seven
4-11 consecutive days each; or
4-12 (B) does not give the managing conservator
4-13 written notice by May 1 of each year specifying an extended period
4-14 or periods of summer possession, the possessory conservator shall
4-15 have possession of the child for 42 consecutive days beginning at 6
4-16 p.m. on June 15 and ending at 6 p.m. on July 27;
4-17 (5) if the managing conservator gives the possessory
4-18 conservator written notice by June 1 <May 15> of each year <or
4-19 gives the possessory conservator 14 days' notice on or after May 16
4-20 of each year,> the managing conservator shall have possession of
4-21 the child on any one weekend beginning at <from> Friday at 6 p.m.
4-22 and ending at <to> 6 p.m. on the following Sunday during any one
4-23 period of possession by the possessory conservator under
4-24 Subdivision (4) of this subsection, provided that if a period of
4-25 possession by the possessory conservator exceeds 30 days, the
4-26 managing conservator may have possession of the child under the
4-27 terms of this subdivision on any two nonconsecutive weekends during
4-28 that time period, and further provided that the managing
4-29 conservator picks up the child from the possessory conservator and
4-30 returns the child to that same place; and
4-31 (6) if the managing conservator gives the possessory
4-32 conservator written notice by May 15 of each year or gives the
4-33 possessory conservator 30 days' written notice on or after May 16
4-34 of each year, the managing conservator may designate 21 days
4-35 between beginning no earlier than the day after the child's school
4-36 is dismissed for the summer vacation and ending no later than 7
4-37 days prior to school resuming at the end of the summer vacation
4-38 <between June 1 and August 31>, to be exercised in no more than two
4-39 separate periods of at least seven consecutive days each, during
4-40 which the possessory conservator shall not have possession of the
4-41 child, provided that the period or periods so designated do not
4-42 interfere with the possessory conservator's period or periods of
4-43 extended summer possession or with Father's Day if the possessory
4-44 conservator is the father of the child.
4-45 (g) General Terms and Conditions. Except as otherwise
4-46 explicitly provided, terms and conditions of possession of a child
4-47 that apply irrespective of the distance between the residence of a
4-48 parent and the child are as follows:
4-49 (1) the managing conservator shall surrender the child
4-50 to the possessory conservator at the beginning of each period of
4-51 the possessory conservator's possession at the residence of the
4-52 managing conservator;
4-53 (2) if the possessory conservator elects to begin a
4-54 period of possession at the time the child's school is regularly
4-55 dismissed, the managing conservator shall surrender the child to
4-56 the possessory conservator at the beginning of each such period of
4-57 possession at the school in which the child is enrolled;
4-58 (3) the possessory conservator shall be ordered to do
4-59 one of the following:
4-60 (A) the possessory conservator shall surrender
4-61 the child to the managing conservator at the end of each period of
4-62 possession at the residence of the possessory conservator; or
4-63 (B)<, in the alternative,> the possessory
4-64 conservator shall return the child to the residence of the managing
4-65 conservator at the end of each period of possession, except that
4-66 the order shall provide that if the possessory conservator's county
4-67 of domicile remains the same after the rendition of the order
4-68 establishing terms and conditions of possession and access, and if
4-69 the managing conservator's county of domicile should change,
4-70 effective on the date of the change of domicile by the managing
5-1 conservator, the possessory conservator shall surrender the child
5-2 to the managing conservator at the end of each period of possession
5-3 at the residence of the possessory conservator;
5-4 (4) if the possessory conservator elects to end a
5-5 period of possession at the time the child's school resumes, the
5-6 possessory conservator shall surrender the child to the managing
5-7 conservator at the end of each period of possession at the school
5-8 in which the child is enrolled;
5-9 (5) <(3)> each conservator shall return with the child
5-10 the personal effects that the child brought at the beginning of the
5-11 period of possession;
5-12 (6) <(4)> either parent may designate any competent
5-13 adult to pick up and return the child, as applicable; a parent or a
5-14 designated competent adult shall be present when the child is
5-15 picked up or returned;
5-16 (7) <(5)> a parent shall give notice to the person in
5-17 possession of the child on each occasion that the parent will be
5-18 unable to exercise that parent's right of possession for any
5-19 specified period; repeated failure of a parent to give notice of an
5-20 inability to exercise possessory rights may be considered as a
5-21 factor in a modification of those possessory rights;
5-22 (8) <(6)> written notice shall be deemed to have been
5-23 timely made if received or postmarked before or at the time that
5-24 notice is due; and
5-25 (9) <(7)> if a conservator's time of possession of a
5-26 child ends at the time school resumes and for any reason the child
5-27 is not or will not be returned to school, the conservator in
5-28 possession of the child shall immediately notify the school and the
5-29 other conservator that the child will not be or has not been
5-30 returned to school.
5-31 (h) Means of Travel. In an order providing for the terms
5-32 and conditions of possession <possessory conservatorship> of a
5-33 child the court may restrict the means of travel of the child by a
5-34 legal mode of transportation only after a showing of good cause
5-35 contained in the record and a finding by the court that the
5-36 restriction is in the best interest of the child. Further, the
5-37 court shall set forth in its order the specific duties of the
5-38 conservators to provide appropriate transportation to and from the
5-39 relevant transportation facilities.
5-40 (i) Alternative Possession Times. If a child is enrolled in
5-41 school, and the possessory conservator elects before or at the time
5-42 of the rendition of the original or modification order <consents
5-43 and the court finds that it is in the best interest of the child>,
5-44 the standard order may expressly provide that the possessory
5-45 conservator's period of possession shall begin or end, or both, at
5-46 a different time expressly set in the standard order under and
5-47 within the range of alternative times provided by one or both of
5-48 the following subdivisions:
5-49 (1) instead of a period of possession by a possessory
5-50 conservator beginning at 6 p.m. on the day school recesses, the
5-51 period of possession may be set in the standard possession order to
5-52 beginning at the time the child's school is regularly dismissed
5-53 <recesses> or at any time between the time the child's school is
5-54 regularly dismissed <recesses> and 6 p.m.; and
5-55 (2) instead of a period of possession by a possessory
5-56 conservator ending at 6 p.m. on the day before school resumes, the
5-57 period of possession may be set in the standard order to end at the
5-58 time school resumes or at <any time between> 6 p.m. on the day
5-59 before school resumes <and the time that school resumes>.
5-60 (j) Application of Alternative Possession Times. The
5-61 alternative possession times provided by Subsection (i) of this
5-62 section may be applied to regular weekend possession under
5-63 Subsections (c)(1) and (f)(1) of this section and to holiday
5-64 possession under Subsections (e)(1) through (4) and Subsections
5-65 (f)(2) and (3) of this section, but Subsection (i)(2) of this
5-66 section may not be applied to Christmas school vacation under
5-67 Subsection (e)(1) of this section or Wednesday evening possession
5-68 under Subsection (c)(2) of this section, and Subsection (i)(1) of
5-69 this section may not be applied to Christmas school vacation under
5-70 Subsection (e)(2) of this section. Subsection (i)(1) of this
6-1 section <but> may <not> be applied to Wednesday evening possession
6-2 under Subsection (c)(2) of this section.
6-3 (m) Unusual Circumstances. If the work schedule or other
6-4 special circumstances of the managing conservator, the possessory
6-5 conservator, or the child, or the year round school schedule of the
6-6 child, make the standard possession order unworkable or
6-7 inappropriate, the court shall render an order that grants periods
6-8 of possession of the child as similar as possible to those provided
6-9 by the standard order.
6-10 SECTION 6. Section 14.01(a), Family Code is amended to read
6-11 as follows:
6-12 (a) In any suit affecting the parent-child relationship, the
6-13 court may appoint a sole managing conservator or may appoint joint
6-14 managing conservators<, and shall order reasonable terms and
6-15 conditions for the implementation of the managing conservatorship>.
6-16 A managing conservator must be a suitable, competent adult, or a
6-17 parent, or an authorized agency. If the court finds the parents
6-18 are or will be separated, the court shall appoint at least one
6-19 <joint or sole> managing conservator.
6-20 SECTION 7. Section 14.021(a), Family Code, is amended to
6-21 read as follows:
6-22 (a) It is the policy of this state to assure that children
6-23 will have frequent and continuing contact with parents who have
6-24 shown the ability to act in the best interest of the child, to
6-25 provide a stable environment for the child and to encourage parents
6-26 to share in the rights and responsibilities of raising their
6-27 children after the parents have separated or dissolved their
6-28 marriage.
6-29 SECTION 8. Section 14.08(c) and (d), Family Code, are
6-30 amended to read as follows:
6-31 (c) After a hearing, the court may modify an order or a
6-32 portion of a decree that:
6-33 (1) designates a sole managing conservator if:
6-34 (A) the circumstances of the child, sole
6-35 managing conservator, possessory conservator, or other party
6-36 affected by the order or decree have materially and substantially
6-37 changed since the date of the rendition of the order or decree to
6-38 be modified; and
6-39 (B) the retention of the present sole managing
6-40 conservator would be injurious to the welfare of the child; and
6-41 (C) the appointment of a new sole managing
6-42 conservator would be a positive improvement for the child; or
6-43 (2) provides for the support of a child if the
6-44 circumstances of the child or a person affected by the order or
6-45 portion of the decree to be modified have materially and
6-46 substantially changed since the date of its rendition, except that
6-47 a support order may be modified only as to obligations accruing
6-48 after the earlier of the date of service of citation or an
6-49 appearance on the motion to modify; or
6-50 (3) sets the terms and conditions for possession of or
6-51 access to a child, or prescribes the relative rights, privileges,
6-52 duties and powers of conservators if:
6-53 (A) the circumstances of the child or a person
6-54 affected by the order or portion of the decree to be modified have
6-55 substantially and materially changed since the date of the
6-56 rendition of the order or decree; or
6-57 (B) the order or portion of the decree to be
6-58 modified has become unworkable or inappropriate under existing
6-59 circumstances; or
6-60 (C) the notice required by Section 14.031 of
6-61 this code was not given, or there was a change in the conservator's
6-62 residence to a place outside the jurisdiction of the court. If a
6-63 change of residence results in increased expenses for any party
6-64 having possession of or access to a child, the court may enter
6-65 appropriate orders to allocate those increased costs on a fair and
6-66 equitable basis, taking into account the cause of the increased
6-67 costs and the best interests of the child. The payment of
6-68 increased costs by the party whose residence is changed is
6-69 rebuttably presumed to be in the best interest of the child. Such
6-70 an order may be entered without regard to whether any other change
7-1 in the terms of possession of or access to the child is made; or
7-2 (4) designates a sole managing conservator if the sole
7-3 managing conservator has voluntarily relinquished possession and
7-4 control of the child for a period of more than six months and the
7-5 modification is in the best interest of the child; or
7-6 (5) designates a sole managing conservator if a parent
7-7 of the child requests appointment as a joint managing conservator,
7-8 and the court finds that:
7-9 (A) the circumstances of the child or the sole
7-10 managing conservator have materially or substantially changed since
7-11 the rendition of the order or decree to be modified;
7-12 (B) retention of a sole managing conservator
7-13 would be detrimental to the welfare of the child; and
7-14 (C) the appointment of the parent as a joint
7-15 managing conservator would be a positive improvement for and in the
7-16 best interest of the child.
7-17 (d) If the motion is filed for the purpose of changing the
7-18 designation of the sole managing conservator and is filed within
7-19 one year after the date of the rendition of the order or decree to
7-20 be modified, there shall be attached to the motion an affidavit
7-21 executed by the person making the motion. The affidavit must
7-22 contain, along with supporting facts, at least one of the following
7-23 allegations that <along with the supportive facts>:
7-24 (1) <that> the child's present environment may
7-25 endanger his physical health or significantly impair his emotional
7-26 development; <or>
7-27 (2) <that> the sole managing conservator is the person
7-28 seeking the modification or consents to the modification, and the
7-29 modification is in the best interest of the child; or
7-30 (3) the child's sole managing conservator has
7-31 voluntarily relinquished the actual care, control, and possession
7-32 of the child for more than six months and the modification is in
7-33 the best interest of the child.
7-34 SECTION 9. (a) This Act takes effect September 1, 1993.
7-35 (b) This Act applies to an original or modified order in a
7-36 suit affecting the parent-child relationship under Title 2, Family
7-37 Code, made on or after that date. The change made by this Act to
7-38 Section 14.08(d), Family Code, applies only to a proceeding under
7-39 that section in which a hearing has not been held before the
7-40 effective date of this Act.
7-41 (c) The enactment of the amendments made by this Act does
7-42 not affect the validity or obligations, terms, and conditions of an
7-43 order in a suit affecting the parent-child relationship made before
7-44 the effective date of this Act, and this Act does not constitute a
7-45 change of circumstances under Section 14.08, Family Code.
7-46 SECTION 10. The importance of this legislation and the
7-47 crowded condition of the calendars in both houses create an
7-48 emergency and an imperative public necessity that the
7-49 constitutional rule requiring bills to be read on three several
7-50 days in each house be suspended, and this rule is hereby suspended.
7-51 A BILL TO BE ENTITLED
7-52 AN ACT
7-53 relating to the rights, privileges, duties, and powers of
7-54 conservators.
7-55 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7-56 SECTION 1. Section 14.02, Family Code, is amended to read as
7-57 follows:
7-58 Sec. 14.02. RIGHTS, PRIVILEGES, DUTIES, AND POWERS OF A
7-59 <MANAGING> CONSERVATOR. (a) If both parents are appointed as
7-60 conservators of the child, either by agreement between the parties
7-61 or by court order, the court shall specify the rights, privileges,
7-62 duties, and powers of a parent that are to be retained by both
7-63 parents, the rights, privileges, duties, and powers of a parent
7-64 that are to be exercised jointly, and the rights, privileges,
7-65 duties, and powers that are to be exercised exclusively by one
7-66 parent. Each parent retains the right to receive information from
7-67 the other parent concerning the health, education, and welfare of
7-68 the child and, to the extent possible, the right to confer with the
7-69 other parent before making a decision concerning the health,
7-70 education, and welfare of the child, and the court shall specify
8-1 these rights in the order.
8-2 (b) Unless by written findings the court determines it would
8-3 not be in the best interest of the child <Except as provided in
8-4 Subsection (d) of this section>, a parent appointed as a <sole
8-5 managing> conservator of the child retains <all> the following
8-6 rights, privileges, duties, and powers of a parent <to the
8-7 exclusion of the other parent>, subject to <the rights, privileges,
8-8 duties, and powers of a possessory conservator as provided in
8-9 Section 14.04 of this code and to> any limitation imposed by court
8-10 order in allowing access to the child:
8-11 (1) a parent appointed as a conservator of a child has
8-12 during the period that the parent has possession of the child:
8-13 (A) the right to physical possession and to
8-14 direct the moral and religious training of the child;
8-15 (B) the duty of care, control, protection, and
8-16 reasonable discipline of the child;
8-17 (C) the duty to support the child, including
8-18 providing the child with clothing, food, shelter, medical and
8-19 dental care not involving an invasive procedure, and
8-20 noninstitutional psychiatric or psychological treatment; and
8-21 (D) the power to consent to medical, dental,
8-22 psychological, and surgical treatment during an emergency involving
8-23 an immediate danger to the health and safety of the child;
8-24 (2) each parent appointed as a conservator of a child
8-25 has at all times:
8-26 (A) the right of access to medical, dental,
8-27 psychological, and educational records of the child;
8-28 (B) the right to consult with any physician,
8-29 dentist, or psychologist of the child;
8-30 (C) the right to consult with school officials
8-31 concerning the child's welfare and educational status, including
8-32 school activities;
8-33 (D) the right to attend school activities;
8-34 (E) the right to be designated on any records as
8-35 a person to be notified in case of an emergency; and
8-36 (F) the right to manage the estate of the child
8-37 to the extent the estate has been created by the parent or the
8-38 parent's family; and
8-39 (3) a parent appointed as the sole managing
8-40 conservator of a child exclusively has:
8-41 (A) the right to the services and earnings of
8-42 the child;
8-43 (B) the power to consent to marriage, to
8-44 enlistment in the armed forces of the United States, to medical,
8-45 dental, and surgical treatment involving invasive procedures, and
8-46 to psychiatric and psychological treatment in an institution;
8-47 (C) the power to represent the child in legal
8-48 action and to make other decisions of substantial legal
8-49 significance concerning the child, including the right to establish
8-50 the child's legal domicile and, except when a guardian of the
8-51 child's estate or a guardian or attorney ad litem has been
8-52 appointed for the child, a power as an agent of the child to act in
8-53 relation to the child's estate if the child's action is required by
8-54 a state, the United States, or a foreign government; and
8-55 (D) the power to receive and give receipt for
8-56 periodic payments for the support of the child and to hold or
8-57 disburse these funds for the benefit of the child.
8-58 (c) <(b)> A managing conservator who is not the parent of
8-59 the child has the following rights, privileges, duties, and powers,
8-60 subject to Subsection (b) of this section, to the rights,
8-61 privileges, duties, and powers of a possessory conservator as
8-62 provided in Section 14.04 of this code, and to any limitation
8-63 imposed by court order in allowing access to the child:
8-64 (1) the right to have physical possession, to direct
8-65 the moral and religious training, and to establish the legal
8-66 domicile of the child;
8-67 (2) the duty of care, control, protection, and
8-68 reasonable discipline of the child;
8-69 (3) the duty to provide the child with clothing, food,
8-70 shelter, and education;
9-1 (4) the right to the services and earnings of the
9-2 child;
9-3 (5) the power to consent to marriage, to enlistment in
9-4 the armed forces of the United States, and to medical, psychiatric,
9-5 psychological, dental, and surgical treatment;
9-6 (6) the power to represent the child in legal action
9-7 and to make other decisions of substantial legal significance
9-8 concerning the child including, except when a guardian of the
9-9 child's estate or a guardian or attorney ad litem has been
9-10 appointed for the child, a power as an agent of the child to act in
9-11 relation to the child's estate if the child's action is required by
9-12 a state, the United States, or a foreign government;
9-13 (7) the power to receive and give receipt for periodic
9-14 payments for the support of the child and to hold or disburse these
9-15 funds for the benefit of the child; and
9-16 (8) if the parent-child relationship has been
9-17 terminated with respect to the parents, or only living parent, or
9-18 if there is no living parent, the power to consent to the adoption
9-19 of the child and to make any other decision concerning the child
9-20 that a parent could make.
9-21 (d) <(c)> A person or authorized agency designated managing
9-22 conservator of a child in an irrevocable or unrevoked affidavit of
9-23 relinquishment executed pursuant to Section 15.03 of this code
9-24 shall have a right to possession of the child superior to the right
9-25 of the person executing the affidavit, the right to consent to
9-26 medical and surgical treatment of the child, and the rights,
9-27 privileges, duties, and powers given by Section 14.04 of this code
9-28 to a possessory conservator until such time as these rights,
9-29 privileges, duties, and powers are modified or terminated by court
9-30 order.
9-31 (e) <(d)> The appointment of a managing conservator does not
9-32 create, rescind, or otherwise alter a right to inherit as
9-33 established by law or as modified under Chapter 15 of this code.
9-34 <(e) If both parents are appointed as joint managing
9-35 conservators of the child as provided by Section 14.021 of this
9-36 code, either by agreement between the parties or by court order,
9-37 the court shall specify the rights, privileges, duties, and powers
9-38 of a parent that are to be retained by both parents to be exercised
9-39 jointly, and the rights, privileges, duties, and powers that are to
9-40 be exercised exclusively by one parent. The court shall specify
9-41 that the parents exchange information concerning the health,
9-42 education, and welfare of the child, and, if possible, confer
9-43 before making decisions concerning the health, education, and
9-44 welfare of the child.>
9-45 SECTION 2. Section 14.04, Family Code, is amended to read as
9-46 follows:
9-47 Sec. 14.04. Rights, Privileges, Duties, and Powers of
9-48 Possessory Conservator. (a) A possessory conservator has the
9-49 following rights, privileges, duties, and powers during the period
9-50 of possession, subject to Section 14.02(b) of this code and any
9-51 limitations expressed in the decree:
9-52 (1) the duty of care, control, protection, and
9-53 reasonable discipline of the child;
9-54 (2) the duty to provide the child with clothing, food,
9-55 and shelter; and
9-56 (3) the power to consent to medical, dental,
9-57 psychological, and surgical treatment during an emergency involving
9-58 an immediate danger to the health and safety of the child.
9-59 (b) A possessory conservator has any other right, privilege,
9-60 duty, or power of a managing conservator expressly granted to the
9-61 possessory conservator in the decree awarding possession of the
9-62 child.
9-63 (c) A possessory conservator has the right of access to
9-64 medical, dental, psychological, and educational records of the
9-65 child to the same extent as the managing conservator. The court
9-66 shall include in the decree appointing a possessory conservator a
9-67 statement of this right, but the right is not abrogated or
9-68 diminished if the statement is omitted from the decree. If ordered
9-69 in the decree appointing a possessory conservator, the <The>
9-70 custodian of records shall delete all references in the records to
10-1 the place of residence of the managing conservator of the child
10-2 prior to their release to the possessory conservator.
10-3 SECTION 3. Sections 14.045(a) and (c), Family Code, are
10-4 amended to read as follows:
10-5 (a) Each decree that provides for the appointment of a
10-6 conservator who has possession of or access to a child shall
10-7 include, and in its absence shall be deemed to include, the
10-8 requirement that each conservator who intends a change of place of
10-9 residence must give written notice of the intended date of change,
10-10 new telephone number, and new street address of residence to the
10-11 court having jurisdiction of the suit affecting the parent-child
10-12 relationship in which the order was made and to every other party
10-13 who has possession of or access to the child. The notice must be
10-14 given on or before the 60th <30th> day before the conservator
10-15 changes the conservator's place of residence. If the conservator
10-16 did not know or could not have known of the change of residence or
10-17 if the required information was not available within the
10-18 60-day <30-day> period, the conservator shall supply the written
10-19 notice of the change of residence or the related information on or
10-20 before the fifth day after the date that the conservator knew or
10-21 should have known of the change or of the related information.
10-22 (c) The notice required by this section may be given to a
10-23 party <served> by delivery of a copy of the notice to the party <to
10-24 be served> either in person or by registered or certified mail,
10-25 return receipt requested, to the last known address of the party
10-26 <to be served>. The notice required by this section may be given
10-27 to the court by delivery of a copy of the notice either in person
10-28 to the clerk of the court or by registered or certified mail
10-29 addressed to the clerk of the court.
10-30 SECTION 4. This Act takes effect September 1, 1993, and
10-31 applies to any suit affecting the parent-child relationship,
10-32 including a motion to modify a decree or a petition for further
10-33 action, filed:
10-34 (1) after that date; or
10-35 (2) filed before that date and in which no decree has
10-36 been rendered by the trial court.
10-37 SECTION 5. The importance of this legislation and the
10-38 crowded condition of the calendars in both houses create an
10-39 emergency and an imperative public necessity that the
10-40 constitutional rule requiring bills to be read on three several
10-41 days in each house be suspended, and this rule is hereby suspended.
10-42 * * * * *
10-43 Austin,
10-44 Texas
10-45 May 18, 1993
10-46 Hon. Bob Bullock
10-47 President of the Senate
10-48 Sir:
10-49 We, your Committee on Jurisprudence to which was referred H.B. No.
10-50 1630, have had the same under consideration, and I am instructed to
10-51 report it back to the Senate with the recommendation that it do
10-52 pass, as amended, and be printed.
10-53 Henderson,
10-54 Chairman
10-55 * * * * *
10-56 WITNESSES
10-57 FOR AGAINST ON
10-58 ___________________________________________________________________
10-59 Name: John J. Sampson x
10-60 Representing: Self
10-61 City: Austin
10-62 -------------------------------------------------------------------
10-63 Name: William Morris x
10-64 Representing: Self
10-65 City: Houston
10-66 -------------------------------------------------------------------
10-67 Name: E. Shaw x
10-68 Representing: Self
10-69 City: Houston
10-70 -------------------------------------------------------------------
11-1 Name: Bob Green x
11-2 Representing: Tx Fathers Alliance
11-3 City: Austin
11-4 -------------------------------------------------------------------
11-5 Name: Shannon Noble x
11-6 Representing: Tx Women's Pol. Caucus
11-7 City: Austin
11-8 -------------------------------------------------------------------
11-9 Name: Cicily Simms x
11-10 Representing: Self
11-11 City: Austin
11-12 -------------------------------------------------------------------
11-13 Name: Brent D. Sandbak x
11-14 Representing: Tx Father's For Equal Rights
11-15 City: Austin
11-16 -------------------------------------------------------------------
11-17 Name: Rhonda Cates x
11-18 Representing: Tx Cncl. On Family Violence
11-19 City: Austin
11-20 -------------------------------------------------------------------
11-21 Name: Ms. Paula Spears x
11-22 Representing: Self
11-23 City: Austin
11-24 -------------------------------------------------------------------
11-25 Name: Ms. Penny Blaine x
11-26 Representing: Self
11-27 City: Austin
11-28 -------------------------------------------------------------------
11-29 Name: Mr. Alvin Hurwitz x
11-30 Representing: Self
11-31 City: Austin
11-32 -------------------------------------------------------------------
11-33 Name: Ms. Becky Beaver x
11-34 Representing: Self
11-35 City: Austin
11-36 -------------------------------------------------------------------
11-37 Name: Ms. Becky Howard x
11-38 Representing: Self
11-39 City: Austin
11-40 -------------------------------------------------------------------
11-41 Name: Ann Harris Morra x
11-42 Representing: Self
11-43 City: Port Aransas
11-44 -------------------------------------------------------------------