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A BILL TO BE ENTITLED
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AN ACT
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relating to possession of or access to a child by a parent who is |
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deployed by the military. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 151, Family Code, is amended by adding |
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Section 151.004 to read as follows: |
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Sec. 151.004. PROHIBITION AGAINST CERTAIN ORDERS DURING |
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PARENT'S MILITARY DEPLOYMENT. A court may not render an order |
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affecting the terms of a parent's possession of or access to the |
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parent's child on the sole grounds that the parent has voluntarily |
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abandoned or left the child or has otherwise voluntarily |
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relinquished the primary care and possession of the child if the |
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parent has temporarily relinquished the primary care and possession |
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of the child to another person during a period in which the parent: |
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(1) is ordered to duty as a member of the armed forces |
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of the United States, the Texas National Guard, or the National |
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Guard of another state without the option of being accompanied by |
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the child; and |
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(2) is serving in a location where access to the child |
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is not reasonably possible. |
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SECTION 2. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.3162 to read as follows: |
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Sec. 153.3162. ADDITIONAL PERIODS OF POSSESSION OR ACCESS |
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AFTER CONCLUSION OF MILITARY DEPLOYMENT. (a) In this section, |
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"conservator" means: |
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(1) a possessory conservator of a child; or |
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(2) a joint managing conservator of a child without |
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the exclusive right to designate the primary residence of the |
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child. |
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(b) Not later than the 90th day after the date a conservator |
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who is a member of the armed services concludes the conservator's |
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active military deployment, the conservator may petition the court |
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to: |
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(1) compute the periods of possession of or access to |
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the child to which the conservator would have otherwise been |
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entitled during the conservator's deployment; and |
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(2) award the conservator additional periods of |
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possession of or access to the child to compensate for the periods |
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described by Subdivision (1). |
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(c) If a conservator petitions the court under Subsection |
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(b), the court: |
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(1) shall compute the periods of possession or access |
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to the child described by Subsection (b)(1); and |
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(2) may award to the conservator additional periods of |
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possession of or access to the child for a length of time and under |
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terms the court considers reasonable, if the court determines that: |
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(A) the conservator was deployed in a location |
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where access to the child was not reasonably possible; and |
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(B) the award of additional periods of possession |
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of or access to the child is in the best interest of the child. |
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(d) In making the determination under Subsection (c)(2), |
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the court: |
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(1) shall consider: |
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(A) the periods of possession of or access to the |
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child to which the conservator would otherwise have been entitled |
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during the conservator's deployment, as computed under Subsection |
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(c)(1); |
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(B) whether the court provided in an order under |
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Section 153.3161 that a person exercise limited possession of the |
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child during the conservator's deployment; and |
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(C) any other factor the court considers |
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appropriate; and |
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(2) is not required to award additional periods of |
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possession of or access to the child that equals the possession or |
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access to which the conservator would have been entitled during the |
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conservator's deployment, as computed under Subsection (c)(1). |
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(e) After the conservator has exercised all additional |
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periods of possession or access awarded under this section, the |
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rights of all affected parties are governed by the terms of any |
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court order applicable when the conservator is not deployed. |
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SECTION 3. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship, or an action to |
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modify an order in a suit affecting the parent-child relationship, |
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pending in a trial court on the effective date of this Act or filed |
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on or after that date. |
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SECTION 4. This Act takes effect September 1, 2009. |