81R1188 KSD-D
 
  By: Nelson S.B. No. 279
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the modification of an order establishing the
  conservatorship of a child or providing for the possession of or
  access to a child based on military deployment.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 156.006, Family Code, is amended by
  adding Subsections (c) and (d) to read as follows:
         (c)  Subsection (b)(2) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment.
         (d)  In this section, "military deployment" means military
  duty ordered for a period of more than six months during which the
  person ordered to duty:
               (1)  is not provided the option of being accompanied by
  the person's child; and
               (2)  is serving in a location where access to the
  person's child is not reasonably possible.
         SECTION 2.  Section 156.101, Family Code, is amended to read
  as follows:
         Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER
  ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS.  (a)  The
  court may modify an order that provides for the appointment of a
  conservator of a child, that provides the terms and conditions of
  conservatorship, or that provides for the possession of or access
  to a child if modification would be in the best interest of the
  child and:
               (1)  the circumstances of the child, a conservator, or
  other party affected by the order have materially and substantially
  changed since the earlier of:
                     (A)  the date of the rendition of the order; or
                     (B)  the date of the signing of a mediated or
  collaborative law settlement agreement on which the order is based;
               (2)  the child is at least 12 years of age and has filed
  with the court, in writing, the name of the person who is the
  child's preference to have the exclusive right to designate the
  primary residence of the child; or
               (3)  the conservator who has the exclusive right to
  designate the primary residence of the child has voluntarily
  relinquished the primary care and possession of the child to
  another person for at least six months.
         (b)  Subsection (a)(3) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment.
         (c)  In this section, "military deployment" means military
  duty ordered for a period of more than six months during which the
  person ordered to duty:
               (1)  is not provided the option of being accompanied by
  the person's child; and
               (2)  is serving in a location where access to the
  person's child is not reasonably possible.
         SECTION 3.  Section 156.102, Family Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  Subsection (b)(3) does not apply to a person who has the
  exclusive right to designate the primary residence of the child and
  who has temporarily relinquished the primary care and possession of
  the child to another person during the conservator's military
  deployment.
         (e)  In this section, "military deployment" means military
  duty ordered for a period of more than six months during which the
  person ordered to duty:
               (1)  is not provided the option of being accompanied by
  the person's child; and
               (2)  is serving in a location where access to the
  person's child is not reasonably possible.
         SECTION 4.  Section 156.105, Family Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  If the court determines that modification is in the best
  interest of the child based on the military deployment of a person
  described by Subsection (b), the court may modify the order or
  decree to provide in a manner consistent with Section 153.3161 for
  possession of the child during the period of the military
  deployment by a person designated by the deployed conservator.
         (d)  The military deployment of a conservator who has the
  exclusive right to designate the primary residence of the child and
  who temporarily relinquishes the primary care and possession of the
  child to another person during the conservator's deployment does
  not by itself constitute a material and substantial change of
  circumstances sufficient to justify a modification of an existing
  court order or portion of a decree that sets the terms and
  conditions for the possession of or access to the child.
         SECTION 5.  The changes in law made by this Act apply to an
  action to modify an order in a suit affecting the parent-child
  relationship that is pending in a trial court on the effective date
  of this Act or filed on or after that date.
         SECTION 6.  This Act takes effect September 1, 2009.