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A BILL TO BE ENTITLED
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AN ACT
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relating to the terms of a standard possession order in a suit |
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affecting the parent-child relationship. |
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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 March 15 [April 1] of each year specifying an extended |
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period or periods of summer possession, the possessory conservator |
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shall have possession of the child for 30 days beginning not earlier |
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than the day after the child's school is dismissed for the summer |
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vacation and ending not later than seven days before school resumes |
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at the end of the summer vacation, to be exercised in not more than |
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two separate periods of at least seven consecutive days each, with |
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each period of possession beginning and ending at 6 p.m. on each |
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applicable day; or |
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(B) does not give the managing conservator |
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written notice by March 15 [April 1] of each year specifying an |
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extended period or periods of summer possession, the possessory |
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conservator shall have possession of the child for 30 consecutive |
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days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31; |
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(3) if the managing conservator gives the possessory |
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conservator written notice by March 31 [April 15] of each year, the |
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managing conservator shall have possession of the child on any one |
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weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the |
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following Sunday during one period of possession by the possessory |
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conservator under Subdivision (2), provided that the managing |
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conservator picks up the child from the possessory conservator and |
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returns the child to that same place; and |
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(4) if the managing conservator gives the possessory |
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conservator written notice by March 31 [April 15] of each year or |
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gives the possessory conservator 14 days' written notice on or |
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after April 1 [April 16] of each year, the managing conservator may |
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designate one weekend beginning not earlier than the day after the |
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child's school is dismissed for the summer vacation and ending not |
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later than seven days before school resumes at the end of the summer |
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vacation, during which an otherwise scheduled weekend period of |
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possession by the possessory conservator will not take place, |
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provided that the weekend designated does not interfere with the |
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possessory conservator's period or periods of extended summer |
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possession or with Father's Day if the possessory conservator is |
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the father of the child. |
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SECTION 2. Section 153.313, Family Code, is amended to read |
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as follows: |
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Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If |
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the possessory conservator resides more than 100 miles from the |
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residence of the child, the possessory conservator shall have the |
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right to possession of the child as follows: |
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(1) either regular weekend possession beginning on the |
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first, third, and fifth Friday as provided under the terms |
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applicable to parents who reside 100 miles or less apart or not more |
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than one weekend per month of the possessory conservator's choice |
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beginning at 6 p.m. on the day school recesses for the weekend and |
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ending at 6 p.m. on the day before school resumes after the weekend, |
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provided that the possessory conservator gives the managing |
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conservator 14 days' written or telephonic notice preceding a |
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designated weekend, and provided that the possessory conservator |
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elects an option for this alternative period of possession by |
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written notice given to the managing conservator within 90 days |
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after the parties begin to reside more than 100 miles apart, as |
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applicable; |
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(2) each year beginning at 6 p.m. on the day the child |
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is dismissed from school for the school's spring vacation and |
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ending at 6 p.m. on the day before school resumes after that |
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vacation; |
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(3) if the possessory conservator: |
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(A) gives the managing conservator written |
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notice by March 15 [April 1] of each year specifying an extended |
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period or periods of summer possession, the possessory conservator |
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shall have possession of the child for 42 days beginning not earlier |
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than the day after the child's school is dismissed for the summer |
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vacation and ending not later than seven days before school resumes |
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at the end of the summer vacation, to be exercised in not more than |
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two separate periods of at least seven consecutive days each, with |
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each period of possession beginning and ending at 6 p.m. on each |
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applicable day; or |
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(B) does not give the managing conservator |
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written notice by March 15 [April 1] of each year specifying an |
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extended period or periods of summer possession, the possessory |
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conservator shall have possession of the child for 42 consecutive |
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days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27; |
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(4) if the managing conservator gives the possessory |
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conservator written notice by March 31 [April 15] of each year the |
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managing conservator shall have possession of the child on one |
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weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the |
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following Sunday during one period of possession by the possessory |
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conservator under Subdivision (3), provided that if a period of |
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possession by the possessory conservator exceeds 30 days, the |
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managing conservator may have possession of the child under the |
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terms of this subdivision on two nonconsecutive weekends during |
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that time period, and further provided that the managing |
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conservator picks up the child from the possessory conservator and |
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returns the child to that same place; and |
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(5) if the managing conservator gives the possessory |
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conservator written notice by March 31 [April 15] of each year, the |
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managing conservator may designate 21 days beginning not earlier |
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than the day after the child's school is dismissed for the summer |
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vacation and ending not later than seven days before school resumes |
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at the end of the summer vacation, to be exercised in not more than |
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two separate periods of at least seven consecutive days each, with |
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each period of possession beginning and ending at 6 p.m. on each |
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applicable day, during which the possessory conservator may not |
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have possession of the child, provided that the period or periods so |
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designated do not interfere with the possessory conservator's |
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period or periods of extended summer possession or with Father's |
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Day if the possessory conservator is the father of the child. |
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SECTION 3. Sections 153.312 and 153.313, Family Code, as |
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amended by this Act, apply only to a court order providing for the |
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possession of or access to a child that is 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 4. This Act takes effect September 1, 2011. |