By:  Harris                                           S.B. No. 1738
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the standard order for possession of or access to a
 1-2     child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 153.312, Family Code, is amended to read
 1-5     as follows:
 1-6           Sec. 153.312.  PARENTS WHO RESIDE 100 MILES OR LESS APART.
 1-7     (a)  If the possessory conservator resides 100 miles or less from
 1-8     the primary residence of the child, the possessory conservator
 1-9     shall have the right to possession of the child as follows:
1-10                 (1)  on weekends beginning at 6 p.m. on the first,
1-11     third, and fifth Friday of each month and ending at 6 p.m. on the
1-12     following Sunday or, at the possessory conservator's election made
1-13     before or at the time of the rendition of the original or
1-14     modification order, and as specified in the original or
1-15     modification order, beginning and ending at an alternative time
1-16     provided by Section 153.317 [at the time the child's school is
1-17     regularly dismissed and ending at 6 p.m. on the following Sunday];
1-18     and
1-19                 (2)  on Wednesdays of each week during the regular
1-20     school term beginning at 6 p.m. and ending at 8 p.m., or, at the
1-21     possessory conservator's election made before or at the time of the
1-22     rendition of the original or modification order, and as specified
1-23     in the original or modification order, beginning at the time the
1-24     child's school is regularly dismissed and ending at the time the
 2-1     child's school resumes, unless the court finds that visitation
 2-2     under this subdivision is not in the best interest of the child;
 2-3     provided, however, that at the request of a possessory conservator,
 2-4     the court may award Thursdays instead of Wednesdays at the time of
 2-5     an original order or modified order.
 2-6           (b)  The following provisions govern possession of the child
 2-7     for vacations and certain specific holidays and supersede
 2-8     conflicting weekend or Wednesday or Thursday periods of possession.
 2-9     The possessory conservator and the managing conservator shall have
2-10     rights of possession of the child as follows:
2-11                 (1)  the possessory conservator shall have possession
2-12     in even-numbered years, beginning at 6 p.m. on the day the child is
2-13     dismissed from school for the school's spring vacation and ending
2-14     at 6 p.m. on the day before school resumes after that vacation, and
2-15     the managing conservator shall have possession for the same period
2-16     in odd-numbered years;
2-17                 (2)  if the school has an Easter vacation and that
2-18     vacation occurs at a different time than the vacation under
2-19     Subdivision (1), the possessory conservator shall have possession
2-20     in odd-numbered years, beginning at 6 p.m. on the day the child is
2-21     dismissed from school for the school's Easter vacation and ending
2-22     at 6 p.m. on the day before school resumes after that vacation, and
2-23     the managing conservator shall have possession for the same period
2-24     in even-numbered years;
2-25                 (3)  if a possessory conservator:
2-26                       (A)  gives the managing conservator written
 3-1     notice by May 1 of each year specifying an extended period or
 3-2     periods of summer possession, the possessory conservator shall have
 3-3     possession of the child for 30 days beginning not earlier than the
 3-4     day after the child's school is dismissed for the summer vacation
 3-5     and ending not later than seven days before school resumes at the
 3-6     end of the summer vacation, to be exercised in not more than two
 3-7     separate periods of at least seven consecutive days each; or
 3-8                       (B)  does not give the managing conservator
 3-9     written notice by May 1 of each year specifying an extended period
3-10     or periods of summer possession, the possessory conservator shall
3-11     have possession of the child for 30 consecutive days beginning at 6
3-12     p.m. on July 1 and ending at 6 p.m. on July 31;
3-13                 (4) [(3)]  if the managing conservator gives the
3-14     possessory conservator written notice by June 1 of each year, the
3-15     managing conservator shall have possession of the child on any one
3-16     weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
3-17     following Sunday during one period of possession by the possessory
3-18     conservator under Subdivision (3) [(2)], provided that the managing
3-19     conservator picks up the child from the possessory conservator and
3-20     returns the child to that same place; and
3-21                 (5) [(4)]  if the managing conservator gives the
3-22     possessory conservator written notice by May 15 of each year or
3-23     gives the possessory conservator 14 days' written notice on or
3-24     after May 16 of each year, the managing conservator may designate
3-25     one weekend beginning not earlier than the day after the child's
3-26     school is dismissed for the summer vacation and ending not later
 4-1     than seven days before school resumes at the end of the summer
 4-2     vacation, during which an otherwise scheduled weekend period of
 4-3     possession by the possessory conservator will not take place,
 4-4     provided that the weekend designated does not interfere with the
 4-5     possessory conservator's period or periods of extended summer
 4-6     possession or with Father's Day if the possessory conservator is
 4-7     the father of the child.
 4-8           SECTION 2.  Section 153.313, Family Code, is amended to read
 4-9     as follows:
4-10           Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART.  If
4-11     the possessory conservator resides more than 100 miles from the
4-12     residence of the child, the possessory conservator shall have the
4-13     right to possession of the child as follows:
4-14                 (1)  either regular weekend possession beginning on the
4-15     first, third, and fifth Friday as provided under the terms
4-16     applicable to parents who reside 100 miles or less apart or not
4-17     more than one weekend per month of the possessory conservator's
4-18     choice beginning at 6 p.m. on the day school recesses for the
4-19     weekend and ending at 6 p.m. on the day before school resumes after
4-20     the weekend, provided that the possessory conservator gives the
4-21     managing conservator 14 days' written or telephonic notice
4-22     preceding a designated weekend, and provided that the possessory
4-23     conservator elects an option for this alternative period of
4-24     possession by written notice given to the managing conservator
4-25     within 90 days after the parties begin to reside more than 100
4-26     miles apart, as applicable;
 5-1                 (2)  each year beginning on the day the child is
 5-2     dismissed from school for the school's spring vacation and ending
 5-3     at 6 p.m. on the day before school resumes after that vacation;
 5-4                 (3)  in odd-numbered years, beginning at 6 p.m. on the
 5-5     day the child is dismissed from school for the school's Easter
 5-6     vacation and ending at 6 p.m. on the day before school resumes
 5-7     after that vacation;
 5-8                 (4)  if the possessory conservator:
 5-9                       (A)  gives the managing conservator written
5-10     notice by May 1 of each year specifying an extended period or
5-11     periods of summer possession, the possessory conservator shall have
5-12     possession of the child for 42 days beginning not earlier than the
5-13     day after the child's school is dismissed for the summer vacation
5-14     and ending not later than seven days before school resumes at the
5-15     end of the summer vacation, to be exercised in not more than two
5-16     separate periods of at least seven consecutive days each; or
5-17                       (B)  does not give the managing conservator
5-18     written notice by May 1 of each year specifying an extended period
5-19     or periods of summer possession, the possessory conservator shall
5-20     have possession of the child for 42 consecutive days beginning at 6
5-21     p.m. on June 15 and ending at 6 p.m. on July 27;
5-22                 (5) [(4)]  if the managing conservator gives the
5-23     possessory conservator written notice by June 1 of each year the
5-24     managing conservator shall have possession of the child on one
5-25     weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
5-26     following Sunday during one period of possession by the possessory
 6-1     conservator under Subdivision (4) [(3)], provided that if a period
 6-2     of possession by the possessory conservator exceeds 30 days, the
 6-3     managing conservator may have possession of the child under the
 6-4     terms of this subdivision on two nonconsecutive weekends during
 6-5     that time period, and further provided that the managing
 6-6     conservator picks up the child from the possessory conservator and
 6-7     returns the child to that same place; and
 6-8                 (6) [(5)]  if the managing conservator gives the
 6-9     possessory conservator written notice by June 1 of each year, the
6-10     managing conservator may designate 21 days beginning not earlier
6-11     than the day after the child's school is dismissed for the summer
6-12     vacation and ending not later than seven days before school resumes
6-13     at the end of the summer vacation, to be exercised in not more than
6-14     two separate periods of at least seven consecutive days each,
6-15     during which the possessory conservator may not have possession of
6-16     the child, provided that the period or periods so designated do not
6-17     interfere with the possessory conservator's period or periods of
6-18     extended summer possession or with Father's Day if the possessory
6-19     conservator is the father of the child.
6-20           SECTION 3.  Subsection (b), Section 153.315, Family Code, is
6-21     amended to read as follows:
6-22           (b)  At the possessory conservator's election, made before or
6-23     at the time of the rendition of the original or modification order,
6-24     and as specified in the original or modification order, periods of
6-25     possession extended by a holiday may begin at the time the child's
6-26     school is regularly dismissed and end at the time the school
 7-1     regularly resumes after that holiday.
 7-2           SECTION 4.  Section 153.317, Family Code, is amended to read
 7-3     as follows:
 7-4           Sec. 153.317.  ALTERNATIVE POSSESSION TIMES.  If [a child is
 7-5     enrolled in school and] the possessory conservator elects before or
 7-6     at the time of the rendition of the original or modification order,
 7-7     the standard order must expressly provide that the possessory
 7-8     conservator's period of possession shall begin or end, or both, at
 7-9     a different time expressly set in the standard order under and
7-10     within the range of alternative times provided by one or both of
7-11     the following subdivisions:
7-12                 (1)  instead of a period of possession by a possessory
7-13     conservator beginning at 6 p.m. on the day school recesses, the
7-14     period of possession may be set in the standard possession order to
7-15     begin at the time [the child's] school is regularly dismissed or at
7-16     any time between the time [the child's] school is regularly
7-17     dismissed and 6 p.m.; and
7-18                 (2)  except for Wednesday evening possession, instead
7-19     of a period of possession by a possessory conservator ending at 6
7-20     p.m. on the day before school resumes, the period of possession may
7-21     be set in the standard order to end at the time school resumes.
7-22           SECTION 5.  This Act takes effect September 1, 1999, and
7-23     applies only to an order rendered on or after that date.  An order
7-24     rendered before the effective date of this Act is governed by the
7-25     law in effect on the date the order was rendered, and the former
7-26     law is continued in effect for that purpose.
 8-1           SECTION 6.  The importance of this legislation and the
 8-2     crowded condition of the calendars in both houses create an
 8-3     emergency and an imperative public necessity that the
 8-4     constitutional rule requiring bills to be read on three several
 8-5     days in each house be suspended, and this rule is hereby suspended.