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.
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