By Janek H.B. No. 3094
77R7512 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the standard possession order providing for possession
1-3 of or access to a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 153.312(b), Family Code, is amended to
1-6 read as follows:
1-7 (b) The following provisions govern possession of the child
1-8 for vacations and certain specific holidays and supersede
1-9 conflicting weekend or Wednesday periods of possession. The
1-10 possessory conservator and the managing conservator shall have
1-11 rights of possession of the child as follows:
1-12 (1) the possessory conservator shall have possession
1-13 in even-numbered years, beginning at 6 p.m. on the day the child is
1-14 dismissed from school for the school's spring vacation and ending
1-15 at 6 p.m. on the day before school resumes after that vacation, and
1-16 the managing conservator shall have possession for the same period
1-17 in odd-numbered years;
1-18 (2) if a possessory conservator:
1-19 (A) gives the managing conservator written
1-20 notice by March 1 of each year, if the managing conservator is
1-21 employed outside the home at the time the notice is given, or gives
1-22 the managing conservator written notice by April 1 of each year, if
1-23 the managing conservator is not employed outside the home at the
1-24 time notice is given, specifying an extended period or periods of
2-1 summer possession, the possessory conservator shall have possession
2-2 of the child for 30 days beginning not earlier than the day after
2-3 the child's school is dismissed for the summer vacation and ending
2-4 not later than seven days before school resumes at the end of the
2-5 summer vacation, to be exercised in not more than two separate
2-6 periods of at least seven consecutive days each; or
2-7 (B) does not give the managing conservator
2-8 written notice by March 1 or April 1 of each year, as provided by
2-9 Paragraph (A), specifying an extended period or periods of summer
2-10 possession, the possessory conservator shall have possession of the
2-11 child for 30 consecutive days beginning at 6 p.m. on July 1 and
2-12 ending at 6 p.m. on July 31;
2-13 (3) if the managing conservator gives the possessory
2-14 conservator written notice by April 15 of each year, the managing
2-15 conservator shall have possession of the child on any one weekend
2-16 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
2-17 Sunday during one period of possession by the possessory
2-18 conservator under Subdivision (2), provided that the managing
2-19 conservator picks up the child from the possessory conservator and
2-20 returns the child to that same place; and
2-21 (4) if the managing conservator gives the possessory
2-22 conservator written notice by April 15 of each year or gives the
2-23 possessory conservator 14 days' written notice on or after April 16
2-24 of each year, the managing conservator may designate one weekend
2-25 beginning not earlier than the day after the child's school is
2-26 dismissed for the summer vacation and ending not later than seven
2-27 days before school resumes at the end of the summer vacation,
3-1 during which an otherwise scheduled weekend period of possession by
3-2 the possessory conservator will not take place, provided that the
3-3 weekend designated does not interfere with the possessory
3-4 conservator's period or periods of extended summer possession or
3-5 with Father's Day if the possessory conservator is the father of
3-6 the child.
3-7 SECTION 2. Section 153.313, Family Code, is amended to read
3-8 as follows:
3-9 Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
3-10 the possessory conservator resides more than 100 miles from the
3-11 residence of the child, the possessory conservator shall have the
3-12 right to possession of the child as follows:
3-13 (1) either regular weekend possession beginning on the
3-14 first, third, and fifth Friday as provided under the terms
3-15 applicable to parents who reside 100 miles or less apart or not
3-16 more than one weekend per month of the possessory conservator's
3-17 choice beginning at 6 p.m. on the day school recesses for the
3-18 weekend and ending at 6 p.m. on the day before school resumes after
3-19 the weekend, provided that the possessory conservator gives the
3-20 managing conservator 14 days' written or telephonic notice
3-21 preceding a designated weekend, and provided that the possessory
3-22 conservator elects an option for this alternative period of
3-23 possession by written notice given to the managing conservator
3-24 within 90 days after the parties begin to reside more than 100
3-25 miles apart, as applicable;
3-26 (2) each year beginning on the day the child is
3-27 dismissed from school for the school's spring vacation and ending
4-1 at 6 p.m. on the day before school resumes after that vacation;
4-2 (3) if the possessory conservator:
4-3 (A) gives the managing conservator written
4-4 notice by March 1 of each year, if the managing conservator is
4-5 employed outside the home at the time the notice is given, or gives
4-6 the managing conservator written notice by April 1 of each year, if
4-7 the managing conservator is not employed outside the home at the
4-8 time notice is given, specifying an extended period or periods of
4-9 summer possession, the possessory conservator shall have possession
4-10 of the child for 42 days beginning not earlier than the day after
4-11 the child's school is dismissed for the summer vacation and ending
4-12 not later than seven days before school resumes at the end of the
4-13 summer vacation, to be exercised in not more than two separate
4-14 periods of at least seven consecutive days each; or
4-15 (B) does not give the managing conservator
4-16 written notice by March 1 or April 1 of each year, as provided by
4-17 Paragraph (A), specifying an extended period or periods of summer
4-18 possession, the possessory conservator shall have possession of the
4-19 child for 42 consecutive days beginning at 6 p.m. on June 15 and
4-20 ending at 6 p.m. on July 27;
4-21 (4) if the managing conservator gives the possessory
4-22 conservator written notice by April 15 of each year the managing
4-23 conservator shall have possession of the child on one weekend
4-24 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
4-25 Sunday during one period of possession by the possessory
4-26 conservator under Subdivision (3), provided that if a period of
4-27 possession by the possessory conservator exceeds 30 days, the
5-1 managing conservator may have possession of the child under the
5-2 terms of this subdivision on two nonconsecutive weekends during
5-3 that time period, and further provided that the managing
5-4 conservator picks up the child from the possessory conservator and
5-5 returns the child to that same place; and
5-6 (5) if the managing conservator gives the possessory
5-7 conservator written notice by April 15 of each year, the managing
5-8 conservator may designate 21 days beginning not earlier than the
5-9 day after the child's school is dismissed for the summer vacation
5-10 and ending not later than seven days before school resumes at the
5-11 end of the summer vacation, to be exercised in not more than two
5-12 separate periods of at least seven consecutive days each, during
5-13 which the possessory conservator may not have possession of the
5-14 child, provided that the period or periods so designated do not
5-15 interfere with the possessory conservator's period or periods of
5-16 extended summer possession or with Father's Day if the possessory
5-17 conservator is the father of the child.
5-18 SECTION 3. (a) This Act takes effect September 1, 2001, and
5-19 applies to a standard possession order entered on or after that
5-20 date.
5-21 (b) The change in law made by this Act constitutes a
5-22 material and substantial change under Section 156.301, Family Code,
5-23 that would authorize a court, on the motion of a party, to modify a
5-24 standard possession order in effect on the effective date of this
5-25 Act to conform to this Act.