1-1 By: Harris S.B. No. 1738
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 6, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 3, Nays 0; April 6, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1738 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the standard order for possession of or access to a
1-11 child.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 153.312, Family Code, is amended to read
1-14 as follows:
1-15 Sec. 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
1-16 (a) If the possessory conservator resides 100 miles or less from
1-17 the primary residence of the child, the possessory conservator
1-18 shall have the right to possession of the child as follows:
1-19 (1) on weekends beginning at 6 p.m. on the first,
1-20 third, and fifth Friday of each month and ending at 6 p.m. on the
1-21 following Sunday or, at the possessory conservator's election made
1-22 before or at the time of the rendition of the original or
1-23 modification order, and as specified in the original or
1-24 modification order, beginning and ending at an alternative time
1-25 provided by Section 153.317 [at the time the child's school is
1-26 regularly dismissed and ending at 6 p.m. on the following Sunday];
1-27 and
1-28 (2) on Wednesdays of each week during the regular
1-29 school term beginning at 6 p.m. and ending at 8 p.m., or, at the
1-30 possessory conservator's election made before or at the time of the
1-31 rendition of the original or modification order, and as specified
1-32 in the original or modification order, beginning at the time the
1-33 child's school is regularly dismissed and ending at the time the
1-34 child's school resumes, unless the court finds that visitation
1-35 under this subdivision is not in the best interest of the child;
1-36 provided, however, that at the request of a possessory conservator,
1-37 the court may award Thursdays instead of Wednesdays at the time of
1-38 an original order or modified order.
1-39 (b) The following provisions govern possession of the child
1-40 for vacations and certain specific holidays and supersede
1-41 conflicting weekend or Wednesday or Thursday periods of possession.
1-42 The possessory conservator and the managing conservator shall have
1-43 rights of possession of the child as follows:
1-44 (1) the possessory conservator shall have possession
1-45 in even-numbered years, beginning at 6 p.m. on the day the child is
1-46 dismissed from school for the school's spring vacation and ending
1-47 at 6 p.m. on the day before school resumes after that vacation, and
1-48 the managing conservator shall have possession for the same period
1-49 in odd-numbered years;
1-50 (2) if the school has an Easter vacation and that
1-51 vacation occurs at a different time than the vacation under
1-52 Subdivision (1), the possessory conservator shall have possession
1-53 in odd-numbered years, beginning at 6 p.m. on the day the child is
1-54 dismissed from school for the school's Easter vacation and ending
1-55 at 6 p.m. on the day before school resumes after that vacation, and
1-56 the managing conservator shall have possession for the same period
1-57 in even-numbered years;
1-58 (3) if a possessory conservator:
1-59 (A) gives the managing conservator written
1-60 notice by May 1 of each year specifying an extended period or
1-61 periods of summer possession, the possessory conservator shall have
1-62 possession of the child for 30 days beginning not earlier than the
1-63 day after the child's school is dismissed for the summer vacation
1-64 and ending not later than seven days before school resumes at the
2-1 end of the summer vacation, to be exercised in not more than two
2-2 separate periods of at least seven consecutive days each; or
2-3 (B) does not give the managing conservator
2-4 written notice by May 1 of each year specifying an extended period
2-5 or periods of summer possession, the possessory conservator shall
2-6 have possession of the child for 30 consecutive days beginning at 6
2-7 p.m. on July 1 and ending at 6 p.m. on July 31;
2-8 (4) [(3)] if the managing conservator gives the
2-9 possessory conservator written notice by June 1 of each year, the
2-10 managing conservator shall have possession of the child on any one
2-11 weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
2-12 following Sunday during one period of possession by the possessory
2-13 conservator under Subdivision (3) [(2)], provided that the managing
2-14 conservator picks up the child from the possessory conservator and
2-15 returns the child to that same place; and
2-16 (5) [(4)] if the managing conservator gives the
2-17 possessory conservator written notice by May 15 of each year or
2-18 gives the possessory conservator 14 days' written notice on or
2-19 after May 16 of each year, the managing conservator may designate
2-20 one weekend beginning not earlier than the day after the child's
2-21 school is dismissed for the summer vacation and ending not later
2-22 than seven days before school resumes at the end of the summer
2-23 vacation, during which an otherwise scheduled weekend period of
2-24 possession by the possessory conservator will not take place,
2-25 provided that the weekend designated does not interfere with the
2-26 possessory conservator's period or periods of extended summer
2-27 possession or with Father's Day if the possessory conservator is
2-28 the father of the child.
2-29 SECTION 2. Section 153.313, Family Code, is amended to read
2-30 as follows:
2-31 Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
2-32 the possessory conservator resides more than 100 miles from the
2-33 residence of the child, the possessory conservator shall have the
2-34 right to possession of the child as follows:
2-35 (1) either regular weekend possession beginning on the
2-36 first, third, and fifth Friday as provided under the terms
2-37 applicable to parents who reside 100 miles or less apart or not
2-38 more than one weekend per month of the possessory conservator's
2-39 choice beginning at 6 p.m. on the day school recesses for the
2-40 weekend and ending at 6 p.m. on the day before school resumes after
2-41 the weekend, provided that the possessory conservator gives the
2-42 managing conservator 14 days' written or telephonic notice
2-43 preceding a designated weekend, and provided that the possessory
2-44 conservator elects an option for this alternative period of
2-45 possession by written notice given to the managing conservator
2-46 within 90 days after the parties begin to reside more than 100
2-47 miles apart, as applicable;
2-48 (2) each year beginning on the day the child is
2-49 dismissed from school for the school's spring vacation and ending
2-50 at 6 p.m. on the day before school resumes after that vacation;
2-51 (3) in odd-numbered years, beginning at 6 p.m. on the
2-52 day the child is dismissed from school for the school's Easter
2-53 vacation and ending at 6 p.m. on the day before school resumes
2-54 after that vacation;
2-55 (4) if the possessory conservator:
2-56 (A) gives the managing conservator written
2-57 notice by May 1 of each year specifying an extended period or
2-58 periods of summer possession, the possessory conservator shall have
2-59 possession of the child for 42 days beginning not earlier than the
2-60 day after the child's school is dismissed for the summer vacation
2-61 and ending not later than seven days before school resumes at the
2-62 end of the summer vacation, to be exercised in not more than two
2-63 separate periods of at least seven consecutive days each; or
2-64 (B) does not give the managing conservator
2-65 written notice by May 1 of each year specifying an extended period
2-66 or periods of summer possession, the possessory conservator shall
2-67 have possession of the child for 42 consecutive days beginning at 6
2-68 p.m. on June 15 and ending at 6 p.m. on July 27;
2-69 (5) [(4)] if the managing conservator gives the
3-1 possessory conservator written notice by June 1 of each year the
3-2 managing conservator shall have possession of the child on one
3-3 weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the
3-4 following Sunday during one period of possession by the possessory
3-5 conservator under Subdivision (4) [(3)], provided that if a period
3-6 of possession by the possessory conservator exceeds 30 days, the
3-7 managing conservator may have possession of the child under the
3-8 terms of this subdivision on two nonconsecutive weekends during
3-9 that time period, and further provided that the managing
3-10 conservator picks up the child from the possessory conservator and
3-11 returns the child to that same place; and
3-12 (6) [(5)] if the managing conservator gives the
3-13 possessory conservator written notice by June 1 of each year, the
3-14 managing conservator may designate 21 days beginning not earlier
3-15 than the day after the child's school is dismissed for the summer
3-16 vacation and ending not later than seven days before school resumes
3-17 at the end of the summer vacation, to be exercised in not more than
3-18 two separate periods of at least seven consecutive days each,
3-19 during which the possessory conservator may not have possession of
3-20 the child, provided that the period or periods so designated do not
3-21 interfere with the possessory conservator's period or periods of
3-22 extended summer possession or with Father's Day if the possessory
3-23 conservator is the father of the child.
3-24 SECTION 3. Subsection (b), Section 153.315, Family Code, is
3-25 amended to read as follows:
3-26 (b) At the possessory conservator's election, made before or
3-27 at the time of the rendition of the original or modification order,
3-28 and as specified in the original or modification order, periods of
3-29 possession extended by a holiday may begin at the time the child's
3-30 school is regularly dismissed and end at the time the school
3-31 regularly resumes after that holiday.
3-32 SECTION 4. Section 153.317, Family Code, is amended to read
3-33 as follows:
3-34 Sec. 153.317. ALTERNATIVE POSSESSION TIMES. If [a child is
3-35 enrolled in school and] the possessory conservator elects before or
3-36 at the time of the rendition of the original or modification order,
3-37 the standard order must expressly provide that the possessory
3-38 conservator's period of possession shall begin or end, or both, at
3-39 a different time expressly set in the standard order under and
3-40 within the range of alternative times provided by one or both of
3-41 the following subdivisions:
3-42 (1) instead of a period of possession by a possessory
3-43 conservator beginning at 6 p.m. on the day school recesses, the
3-44 period of possession may be set in the standard possession order to
3-45 begin at the time [the child's] school is regularly dismissed or at
3-46 any time between the time [the child's] school is regularly
3-47 dismissed and 6 p.m.; and
3-48 (2) except for Wednesday evening possession, instead
3-49 of a period of possession by a possessory conservator ending at 6
3-50 p.m. on the day before school resumes, the period of possession may
3-51 be set in the standard order to end at the time school resumes.
3-52 SECTION 5. This Act takes effect September 1, 1999, and
3-53 applies only to an order rendered on or after that date. An order
3-54 rendered before the effective date of this Act is governed by the
3-55 law in effect on the date the order was rendered, and the former
3-56 law is continued in effect for that purpose.
3-57 SECTION 6. The importance of this legislation and the
3-58 crowded condition of the calendars in both houses create an
3-59 emergency and an imperative public necessity that the
3-60 constitutional rule requiring bills to be read on three several
3-61 days in each house be suspended, and this rule is hereby suspended.
3-62 * * * * *