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A BILL TO BE ENTITLED
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AN ACT
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relating to the periods of possession of a child to which the |
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child's managing conservator is entitled under a standard |
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possession order. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.312(b), Family Code, is amended to |
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read as follows: |
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(b) The following provisions govern possession of the child |
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for vacations and certain specific holidays and supersede |
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conflicting weekend or Thursday periods of possession. The |
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possessory conservator and the managing conservator shall have |
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rights of possession of the child as follows: |
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(1) the possessory conservator shall have possession |
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in even-numbered years, beginning at 6 p.m. on the day the child is |
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dismissed from school for the school's spring vacation and ending |
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at 6 p.m. on the day before school resumes after that vacation, and |
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the managing conservator shall have possession for the same period |
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in odd-numbered years; |
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(2) if a possessory conservator: |
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(A) gives the managing conservator written |
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notice by April 1 of each year specifying an extended period or |
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periods of summer possession, the possessory conservator shall have |
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possession of the child for 30 days beginning not earlier than the |
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day after the child's school is dismissed for the summer vacation |
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and ending not later than seven days before school resumes at the |
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end of the summer vacation, to be exercised in not more than two |
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separate periods of at least seven consecutive days each; or |
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(B) does not give the managing conservator |
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written notice by April 1 of each year specifying an extended period |
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or periods of summer possession, the possessory conservator shall |
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have possession of the child for 30 consecutive days beginning at 6 |
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p.m. on July 1 and ending at 6 p.m. on July 31; |
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(3) if, after receiving notice under Subdivision |
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(2)(A), the managing conservator gives the possessory conservator |
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written notice by April 15 of each year, the managing conservator |
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shall have possession of the child on any one weekend beginning |
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Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during |
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one period of possession by the possessory conservator under |
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Subdivision (2)(A), provided that the managing conservator picks up |
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the child from the possessory conservator and returns the child to |
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that same place; and |
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(4) if the managing conservator gives the possessory |
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conservator written notice by April 15 of each year or gives the |
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possessory conservator 14 days' written notice on or after April 16 |
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of each year, the managing conservator may designate one weekend |
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beginning not earlier than the day after the child's school is |
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dismissed for the summer vacation and ending not later than seven |
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days before school resumes at the end of the summer vacation, during |
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which an otherwise scheduled weekend period of possession by the |
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possessory conservator will not take place, provided that the |
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weekend designated does not interfere with the possessory |
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conservator's period or periods of extended summer possession or |
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with Father's Day if the possessory conservator is the father of the |
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child. |
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SECTION 2. The change in law made by this Act to Section |
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153.312, 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, 2009. |