AN ACT

 1-1     relating to standard orders for the possession of a child.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Sections 153.316 and 153.317, Family Code, are

 1-4     amended to read as follows:

 1-5           Sec. 153.316.  General Terms and Conditions.  The court shall

 1-6     order the following general terms and conditions of possession of a

 1-7     child to apply without regard to the distance between the residence

 1-8     of a parent and the child:

 1-9                 (1)  the managing conservator shall surrender the child

1-10     to the possessory conservator at the beginning of each period of

1-11     the possessory conservator's possession at the residence of the

1-12     managing conservator;

1-13                 (2)  if the possessory conservator elects to begin a

1-14     period of possession at the time the child's school is regularly

1-15     dismissed, the managing conservator shall surrender the child to

1-16     the possessory conservator at the beginning of each period of

1-17     possession at the school in which the child is enrolled;

1-18                 (3)  the possessory conservator shall be ordered to do

1-19     one of the following:

1-20                       (A)  the possessory conservator shall surrender

1-21     the child to the managing conservator at the end of each period of

1-22     possession at the residence of the possessory conservator; or

1-23                       (B)  the possessory conservator shall return the

 2-1     child to the residence of the managing conservator at the end of

 2-2     each period of possession, except that the order shall provide that

 2-3     the possessory conservator shall surrender the child to the

 2-4     managing conservator at the end of each period of possession at the

 2-5     residence of the possessory conservator if:

 2-6                             (i)  at the time the original order or a

 2-7     modification of an order establishing terms and conditions of

 2-8     possession or access the possessory conservator and the managing

 2-9     conservator lived in the same county, the possessory conservator's

2-10     county of residence remains the same after the rendition of the

2-11     order [establishing terms and conditions of possession and access],

2-12     and the managing conservator's county of residence changes,

2-13     effective on the date of the change of residence by the managing

2-14     conservator; or

2-15                             (ii)  the possessory conservator and

2-16     managing conservator lived in the same residence at any time during

2-17     a six-month period preceding the date on which a suit for

2-18     dissolution of the marriage was filed and the possessory

2-19     conservator's county of residence remains the same and the managing

2-20     conservator's county of residence changes after they no longer live

2-21     in the same residence, effective on the date the order is rendered;

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

 3-1     in which the child is enrolled;

 3-2                 (5)  each conservator shall return with the child the

 3-3     personal effects that the child brought at the beginning of the

 3-4     period of possession;

 3-5                 (6)  either parent may designate a competent adult to

 3-6     pick up and return the child, as applicable; a parent or a

 3-7     designated competent adult shall be present when the child is

 3-8     picked up or returned;

 3-9                 (7)  a parent shall give notice to the person in

3-10     possession of the child on each occasion that the parent will be

3-11     unable to exercise that parent's right of possession for a

3-12     specified period;

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           Sec. 153.317.  Alternative Possession Times.  If a child is

3-23     enrolled in school and the possessory conservator elects before or

3-24     at the time of the rendition of the original or modification order,

3-25     the standard order must [may] expressly provide that the possessory

 4-1     conservator's period of possession shall begin or end, or both, at

 4-2     a different time expressly set in the standard order under and

 4-3     within the range of alternative times provided by one or both of

 4-4     the following subdivisions:

 4-5                 (1)  [except for the Christmas school vacation and

 4-6     Wednesday evening possession,] instead of a period of possession by

 4-7     a possessory conservator beginning at 6 p.m. on the day school

 4-8     recesses, the period of possession may be set in the standard

 4-9     possession order to begin at the time the child's school is

4-10     regularly dismissed or at any time between the time the child's

4-11     school is regularly dismissed and 6 p.m.; and

4-12                 (2)  except for Wednesday evening possession, instead

4-13     of a period of possession by a possessory conservator ending at 6

4-14     p.m. on the day before school resumes, the period of possession may

4-15     be set in the standard order to end at the time school resumes.

4-16           SECTION 2.  The changes made by this Act to orders for the

4-17     possession of a child apply only to an order rendered on or after

4-18     the effective date of this Act.  This Act does not affect the terms

4-19     or conditions of an order made before that date.

4-20           SECTION 3.  This Act takes effect September 1, 1997.

4-21           SECTION 4.  The importance of this legislation and the

4-22     crowded condition of the calendars in both houses create an

4-23     emergency and an imperative public necessity that the

4-24     constitutional rule requiring bills to be read on three several

4-25     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 435 passed the Senate on

         March 13, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 435 passed the House on

         April 3, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor