By: Harris S.B. No. 1738
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain requirements for possession orders.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 153.312, Family Code, is amended to read
1-4 as follows:
1-5 Sec. 153.312. Parents Who Reside 100 Miles or Less Apart.
1-6 (a) If the possessory conservator resides 100 miles or
1-7 less from the primary residence of the child, the possessory
1-8 conservator shall have the right to possession of the child as
1-9 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 [at the time the child's school is
1-16 regularly dismissed and ending at 6 p.m. on the following Sunday]
1-17 and or ending at an alternative time authorized by 153.317; and
1-18 (2) on Wednesdays of each week during the regular
1-19 school term beginning at 6 p.m. and ending at 8 p.m., or, at the
1-20 possessory conservator's election made before or at the time of the
1-21 rendition of the original or modification order, and as specified
1-22 in the original or modification order, beginning at the time the
2-1 child's school is regularly dismissed and ending at the time the
2-2 child's school resumes, unless the court finds that visitation
2-3 under this subdivision is not in the best interest of the child.
2-4 (b) The following provisions govern possession of the child
2-5 for vacations and certain specific holidays and supersede
2-6 conflicting weekend or Wednesday periods of possession. The
2-7 possessory conservator and the managing conservator shall have
2-8 rights of possession of the child as follows:
2-9 (1) the possessory conservator shall have possession
2-10 in even-numbered years, beginning at 6 p.m. on the day the child is
2-11 dismissed from school for the school's spring vacation and ending
2-12 at 6 p.m. on the day before school resumes after that vacation, and
2-13 the managing conservator shall have possession for the same period
2-14 in odd-numbered years;
2-15 (2) the possessory conservator shall have possession
2-16 in odd-numbered years, beginning at 6 p.m. on the day the child is
2-17 dismissed from school for the school's Easter vacation and ending
2-18 at 6 p.m. on the day before school resumes after that vacation, and
2-19 the managing conservator shall have possession for the same period
2-20 in even-numbered years;
2-21 [(2)] (3) if a possessory conservator:
2-22 (A) gives the managing conservator written notice by May 1
2-23 of each year specifying an extended period or periods of summer
2-24 possession, the possessory conservator shall have possession of the
2-25 child for 30 days beginning not earlier than the day after the
2-26 child's school is dismissed for the summer vacation and ending not
3-1 later than seven days before school resumes at the end of the
3-2 summer vacation, to be exercised in not more than two separate
3-3 periods of at least seven consecutive days each; or
3-4 (B) does not give the managing conservator written notice by
3-5 May 1 of each year specifying an extended period or periods of
3-6 summer possession, the possessory conservator shall have possession
3-7 of the child for 30 consecutive days beginning at 6 p.m. on July 1
3-8 and ending at 6 p.m. on July 31;
3-9 [(3)] (4) if the managing conservator gives the
3-10 possessory conservator written notice by June 1 of each year, the
3-11 managing conservator shall have possession of the child on any one
3-12 weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
3-13 following Sunday during one period of possession by the possessory
3-14 conservator under Subdivision (2), provided that the managing
3-15 conservator picks up the child from the possessory conservator and
3-16 returns the child to that same place; and
3-17 [(4)] (5) if the managing conservator gives the
3-18 possessory conservator written notice by May 15 of each year or
3-19 gives the possessory conservator 14 days' written notice on or
3-20 after May 16 of each year, the managing conservator may designate
3-21 one weekend beginning not earlier than the day after the child's
3-22 school is dismissed for the summer vacation and ending not later
3-23 than seven days before school resumes at the end of the summer
3-24 vacation, during which an otherwise scheduled weekend period of
3-25 possession by the possessory conservator will not take place,
3-26 provided that the weekend designated does not interfere with the
4-1 possessory conservator's period or periods of extended summer
4-2 possession or with Father's Day if the possessory conservator is
4-3 the father of the child.
4-4 SECTION 2. Section 153.313, Family Code is amended to read
4-5 as follows.
4-6 (2) each year beginning on the day the child is dismissed
4-7 from school for the school's spring vacation and ending at 6 p.m.
4-8 on the day before school resumes after that vacation;
4-9 (3) the possessory conservator shall have possession in
4-10 odd-numbered years, beginning at 6 p.m. on the day the child is
4-11 dismissed from school for the school's Easter vacation and ending
4-12 at 6 p.m. on the day before school resumes after that vacation, and
4-13 the managing conservator shall have possession for the same period
4-14 in even-numbered years;
4-15 [(3)] (4) if the possessory conservator:
4-16 (A) gives the managing conservator written
4-17 notice by May 1 of each year specifying an extended period or
4-18 periods of summer possession, the possessory conservator shall have
4-19 possession of the child for 42 days beginning not earlier than the
4-20 day after the child's school is dismissed for the summer vacation
4-21 and ending not later than seven days before school resumes at the
4-22 end of the summer vacation, to be exercised in not more than two
4-23 separate periods of at least seven consecutive days each; or
4-24 (B) does not give the managing conservator
4-25 written notice by May 1 of each year specifying an extended period
4-26 or periods of summer possession, the possessory conservator shall
5-1 have possession of the child for 42 consecutive days beginning at 6
5-2 p.m. on June 15 and ending at 6 p.m. on July 27;
5-3 [(4)] (5) if the managing conservator gives the possessory
5-4 conservator written notice by June 1 of each year the managing
5-5 conservator shall have possession of the child on one weekend
5-6 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
5-7 Sunday during one period of possession by the possessory
5-8 conservator under Subdivision (3), provided that if a period of
5-9 possession by the possessory conservator exceeds 30 days, the
5-10 managing conservator may have possession of the child under the
5-11 terms of this subdivision on two nonconsecutive weekends during
5-12 that time period, and further provided that the managing
5-13 conservator picks up the child from the possessory conservator and
5-14 returns the child to that same place; and
5-15 [(5)] (6) if the managing conservator gives the possessory
5-16 conservator written notice by June 1 of each year, the managing
5-17 conservator may designate 21 days beginning not earlier than the
5-18 day after the child's school is dismissed for the summer vacation
5-19 and ending not later than seven days before school resumes at the
5-20 end of the summer vacation, to be exercised in not more than two
5-21 separate periods of at least seven consecutive days each, during
5-22 which the possessory conservator may not have possession of the
5-23 child, provided that the period or periods so designated do not
5-24 interfere with the possessory conservator's period or periods of
5-25 extended summer possession or with Father's Day if the possessory
5-26 conservator is the father of the child.
6-1 SECTION 3. Section 153.315, (b), Family Code is amended as
6-2 follows:
6-3 (b) At the possessory conservator's election, made before or
6-4 at the time of the rendition of the original or modification order,
6-5 and as specified in the original or modification order, periods of
6-6 possession extended by a holiday may begin at the time the child's
6-7 school is regularly dismissed [.] and end at the time the school
6-8 regularly resumes after that holiday.
6-9 SECTION 4. This act takes effect September 1, 1999.
6-10 SECTION 5. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.