By: Gonzales (Senate Sponsor - Hinojosa) H.B. No. 1864
         (In the Senate - Received from the House May 7, 2007;
  May 8, 2007, read first time and referred to Committee on
  Jurisprudence; May 18, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 18, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1864 By:  Hinojosa
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to periods of possession of a child under a standard
  possession order.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.312(a), Family Code, is amended to
  read as follows:
         (a)  If the possessory conservator resides 100 miles or less
  from the primary residence of the child, the possessory conservator
  shall have the right to possession of the child as follows:
               (1)  on weekends throughout the year beginning at 6
  p.m. on the first, third, and fifth Friday of each month and ending
  at 6 p.m. on the following Sunday except that [or], at the
  possessory conservator's election made before or at the time of the
  rendition of the original or modification order, and as specified
  in the original or modification order, the weekend periods of
  possession specified by this subdivision that occur during the
  regular school term shall begin [beginning] at the time the child's
  school is regularly dismissed and end [ending] at 6 p.m. on the
  following Sunday; and
               (2)  on Thursdays of each week during the regular
  school term beginning at 6 p.m. and ending at 8 p.m., or, at the
  possessory conservator's election made before or at the time of the
  rendition of the original or modification order, and as specified
  in the original or modification order, beginning at the time the
  child's school is regularly dismissed and ending at the time the
  child's school resumes, unless the court finds that visitation
  under this subdivision is not in the best interest of the child.
         SECTION 2.  Section 153.314, Family Code, is amended to read
  as follows:
         Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
  PARENTS RESIDE APART.  The following provisions govern possession
  of the child for certain specific holidays and supersede
  conflicting weekend or Thursday periods of possession without
  regard to the distance the parents reside apart. The possessory
  conservator and the managing conservator shall have rights of
  possession of the child as follows:
               (1)  the possessory conservator shall have possession
  of the child in even-numbered years beginning at 6 p.m. on the day
  the child is dismissed from school for the Christmas school
  vacation and ending at noon on December 28 [26], and the managing
  conservator shall have possession for the same period in
  odd-numbered years;
               (2)  the possessory conservator shall have possession
  of the child in odd-numbered years beginning at noon on December 28
  [26] and ending at 6 p.m. on the day before school resumes after
  that vacation, and the managing conservator shall have possession
  for the same period in even-numbered years;
               (3)  the possessory conservator shall have possession
  of the child in odd-numbered years, beginning at 6 p.m. on the day
  the child is dismissed from school before Thanksgiving and ending
  at 6 p.m. on the following Sunday, and the managing conservator
  shall have possession for the same period in even-numbered years;
               (4)  the parent not otherwise entitled under this
  standard order to present possession of a child on the child's
  birthday shall have possession of the child beginning at 6 p.m. and
  ending at 8 p.m. on that day, provided that the parent picks up the
  child from the residence of the conservator entitled to possession
  and returns the child to that same place;
               (5)  if a conservator, the father shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Father's
  Day and ending on Father's Day at 6 p.m., provided that, if he is not
  otherwise entitled under this standard order to present possession
  of the child, he picks up the child from the residence of the
  conservator entitled to possession and returns the child to that
  same place; [and]
               (6)  if a conservator, the mother shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Mother's
  Day and ending on Mother's Day at 6 p.m., provided that, if she is
  not otherwise entitled under this standard order to present
  possession of the child, she picks up the child from the residence
  of the conservator entitled to possession and returns the child to
  that same place; and
               (7)  the parent not otherwise entitled under this
  standard order to present possession of a child on December 25 is
  entitled to have possession of the child for a two-hour period
  selected by that parent on December 24 or December 25, provided that
  the parent picks up the child from the residence of the conservator
  entitled to possession and returns the child to that same place.
         SECTION 3.  The change in law made by this Act to Section
  153.314, Family Code, applies only to a court order providing for
  possession of or access to a child rendered on or after the
  effective date of this Act.  A court order rendered before the
  effective date of this Act is governed by the law in effect on the
  date the order was rendered, and the former law is continued in
  effect for that purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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