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.