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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession under the standard possession order of a |
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child by a conservator of the child during certain holidays. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.314, Family Code, is amended to read |
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as follows: |
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Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE |
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PARENTS RESIDE APART. The following provisions govern possession |
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of the child for certain specific holidays and supersede |
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conflicting weekend or Thursday periods of possession without |
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regard to the distance the parents reside apart. The possessory |
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conservator and the managing conservator shall have rights of |
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possession of the child as follows: |
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(1) the possessory conservator shall have possession |
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of the child in even-numbered years beginning at 6 p.m. on the day |
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the child is dismissed from school for the Christmas school |
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vacation and ending at noon on December 28 [26], and the managing |
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conservator shall have possession for the same period in |
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odd-numbered years; |
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(2) the possessory conservator shall have possession |
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of the child in odd-numbered years beginning at noon on December 28 |
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[26] and ending at 6 p.m. on the day before school resumes after |
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that vacation, and the managing conservator shall have possession |
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for the same period in even-numbered years; |
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(3) the possessory conservator shall have possession |
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of the child in odd-numbered years, beginning at 6 p.m. on the day |
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the child is dismissed from school before Thanksgiving and ending |
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at 6 p.m. on the following Sunday, and the managing conservator |
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shall have possession for the same period in even-numbered years; |
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(4) the parent not otherwise entitled under this |
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standard order to present possession of a child on the child's |
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birthday shall have possession of the child beginning at 6 p.m. and |
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ending at 8 p.m. on that day, provided that the parent picks up the |
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child from the residence of the conservator entitled to possession |
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and returns the child to that same place; |
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(5) if a conservator, the father shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Father's |
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Day and ending on Father's Day at 6 p.m., provided that, if he is not |
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otherwise entitled under this standard order to present possession |
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of the child, he picks up the child from the residence of the |
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conservator entitled to possession and returns the child to that |
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same place; and |
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(6) if a conservator, the mother shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Mother's |
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Day and ending on Mother's Day at 6 p.m., provided that, if she is |
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not otherwise entitled under this standard order to present |
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possession of the child, she picks up the child from the residence |
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of the conservator entitled to possession and returns the child to |
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that same place. |
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SECTION 2. The change in law made by this Act to Section |
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153.314, Family Code, applies only to a court order providing for |
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possession of or access to a child rendered on or after the |
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effective date of this Act. A court order rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |