By Zbranek                                             H.B. No. 217
       74R1095 MJW-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to terms and conditions of a standard possession order
    1-3  regarding the return of a child by a possessory conservator.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 14.033(g), Family Code, is amended to
    1-6  read as follows:
    1-7        (g)  General Terms and Conditions.  Except as otherwise
    1-8  explicitly provided, terms and conditions of possession of a child
    1-9  that apply irrespective of the distance between the residence of a
   1-10  parent and the child are as follows:
   1-11              (1)  the managing conservator shall surrender the child
   1-12  to the possessory conservator at the beginning of each period of
   1-13  the possessory conservator's possession at the residence of the
   1-14  managing conservator;
   1-15              (2)  if the possessory conservator elects to begin a
   1-16  period of possession at the time the child's school is regularly
   1-17  dismissed, the managing conservator shall surrender the child to
   1-18  the possessory conservator at the beginning of each such period of
   1-19  possession at the school in which the child is enrolled;
   1-20              (3)  the possessory conservator shall be ordered to do
   1-21  one of the following:
   1-22                    (A)  the possessory conservator shall surrender
   1-23  the child to the managing conservator at the end of each period of
   1-24  possession at the residence of the possessory conservator; or
    2-1                    (B)  the possessory conservator shall return the
    2-2  child to the residence of the managing conservator at the end of
    2-3  each period of possession, except that the order shall provide that
    2-4  the possessory conservator shall surrender the child to the
    2-5  managing conservator at the end of each period of possession at the
    2-6  residence of the possessory conservator if:
    2-7                          (i)  the possessory conservator's county of
    2-8  domicile remains the same after the rendition of the order
    2-9  establishing terms and conditions of possession and access, and
   2-10  <if> the managing conservator's county of domicile changes <should
   2-11  change>, effective on the date of the change of domicile by the
   2-12  managing conservator; or
   2-13                          (ii)  the possessory conservator and
   2-14  managing conservator lived in the same residence at any time during
   2-15  a six-month period preceding the rendition of the order and the
   2-16  possessory conservator's county of domicile remains the same and
   2-17  the managing conservator's county of domicile changes after they no
   2-18  longer live in the same residence, effective on the date the order
   2-19  is rendered <, the possessory conservator shall surrender the child
   2-20  to the managing conservator at the end of each period of possession
   2-21  at the residence of the possessory conservator>;
   2-22              (4)  if the possessory conservator elects to end a
   2-23  period of possession at the time the child's school resumes, the
   2-24  possessory conservator shall surrender the child to the managing
   2-25  conservator at the end of each period of possession at the school
   2-26  in which the child is enrolled;
   2-27              (5)  each conservator shall return with the child the
    3-1  personal effects that the child brought at the beginning of the
    3-2  period of possession;
    3-3              (6)  either parent may designate any competent adult to
    3-4  pick up and return the child, as applicable; a parent or a
    3-5  designated competent adult shall be present when the child is
    3-6  picked up or returned;
    3-7              (7)  a parent shall give notice to the person in
    3-8  possession of the child on each occasion that the parent will be
    3-9  unable to exercise that parent's right of possession for any
   3-10  specified period; repeated failure of a parent to give notice of an
   3-11  inability to exercise possessory rights may be considered as a
   3-12  factor in a modification of those possessory rights;
   3-13              (8)  written notice shall be deemed to have been timely
   3-14  made if received or postmarked before or at the time that notice is
   3-15  due; and
   3-16              (9)  if a conservator's time of possession of a child
   3-17  ends at the time school resumes and for any reason the child is not
   3-18  or will not be returned to school, the conservator in possession of
   3-19  the child shall immediately notify the school and the other
   3-20  conservator that the child will not be or has not been returned to
   3-21  school.
   3-22        SECTION 2.  The change in law made by this Act applies only
   3-23  to a standard possession order that is issued or modified on or
   3-24  after the effective date of this Act.  A standard possession order
   3-25  issued or modified before the effective date of this Act is covered
   3-26  by the law in effect when the order was issued or modified, and the
   3-27  former law is continued in effect for that purpose.
    4-1        SECTION 3.  This Act takes effect September 1, 1995.
    4-2        SECTION 4.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.