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.