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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.316, Family Code, is amended to read |
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as follows: |
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Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court |
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shall order the following general terms and conditions of |
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possession of a child to apply without regard to the distance |
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between the residence of a parent and the child: |
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(1) the managing conservator shall surrender the child |
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to the possessory conservator at the beginning of each period of the |
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possessory conservator's possession at the residence of the |
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managing conservator; |
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(2) if the possessory conservator elects to begin a |
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period of possession at the time the child's school is regularly |
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dismissed, the managing conservator shall surrender the child to |
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the possessory conservator at the beginning of each period of |
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possession at the school in which the child is enrolled; |
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(3) the possessory conservator shall be ordered to do |
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one of the following: |
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(A) the possessory conservator shall surrender |
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the child to the managing conservator at the end of each period of |
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possession at the residence of the possessory conservator; or |
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(B) the possessory conservator shall return the |
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child to the residence of the managing conservator at the end of |
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each period of possession, except that the order shall provide that |
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the possessory conservator shall surrender the child to the |
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managing conservator at the end of each period of possession at the |
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residence of the possessory conservator if: |
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(i) at the time the original order or a |
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modification of an order establishing terms and conditions of |
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possession or access the possessory conservator and the managing |
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conservator lived in the same county, the possessory conservator's |
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county of residence remains the same after the rendition of the |
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order, and the managing conservator's county of residence changes, |
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effective on the date of the change of residence by the managing |
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conservator; or |
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(ii) the possessory conservator and |
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managing conservator lived in the same residence at any time during |
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a six-month period preceding the date on which a suit for |
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dissolution of the marriage was filed and the possessory |
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conservator's county of residence remains the same and the managing |
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conservator's county of residence changes after they no longer live |
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in the same residence, effective on the date the order is rendered; |
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(4) if the possessory conservator elects to end a |
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period of possession at the time the child's school resumes, the |
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possessory conservator shall surrender the child to the managing |
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conservator at the end of each period of possession at the school in |
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which the child is enrolled; |
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(5) each conservator shall return with the child the |
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personal effects that the child brought at the beginning of the |
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period of possession; |
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(6) either parent may designate a competent adult to |
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pick up and return the child, as applicable; a parent or a |
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designated competent adult shall be present when the child is |
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picked up or returned; |
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(7) a parent shall give notice to the person in |
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possession of the child on each occasion that the parent will be |
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unable to exercise that parent's right of possession for a |
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specified period; |
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(8) written notice, including notice provided by |
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electronic mail or facsimile, shall be deemed to have been timely |
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made if received or, if applicable, postmarked before or at the time |
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that notice is due; and |
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(9) if a conservator's time of possession of a child |
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ends at the time school resumes and for any reason the child is not |
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or will not be returned to school, the conservator in possession of |
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the child shall immediately notify the school and the other |
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conservator that the child will not be or has not been returned to |
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school. |
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SECTION 2. Section 153.317(a), Family Code, is amended to |
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read as follows: |
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(a) If elected by a conservator, the court shall alter the |
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standard possession order under Sections 153.312, 153.314, and |
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153.315 to provide for one or more of the following alternative |
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beginning and ending possession times for the described periods of |
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possession, unless the court finds that the election is not in the |
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best interest of the child: |
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(1) for weekend periods of possession under Section |
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153.312(a)(1) during the regular school term: |
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(A) beginning at the time the child's school is |
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regularly dismissed; [or] |
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(B) ending at the time the child's school resumes |
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after the weekend; or |
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(C) beginning at the time described by Paragraph |
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(A) and ending at the time described by Paragraph (B); |
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(2) for Thursday periods of possession under Section |
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153.312(a)(2): |
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(A) beginning at the time the child's school is |
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regularly dismissed; [or] |
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(B) ending at the time the child's school resumes |
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on Friday; or |
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(C) beginning at the time described by Paragraph |
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(A) and ending at the time described by Paragraph (B); |
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(3) for spring vacation periods of possession under |
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Section 153.312(b)(1), beginning at the time the child's school is |
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dismissed for those vacations; |
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(4) for Christmas school vacation periods of |
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possession under Section 153.314(1), beginning at the time the |
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child's school is dismissed for the vacation; |
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(5) for Thanksgiving holiday periods of possession |
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under Section 153.314(3), beginning at the time the child's school |
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is dismissed for the holiday; |
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(6) for Father's Day periods of possession under |
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Section 153.314(5), ending at 8 a.m. on the Monday after Father's |
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Day weekend; |
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(7) for Mother's Day periods of possession under |
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Section 153.314(6): |
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(A) beginning at the time the child's school is |
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regularly dismissed on the Friday preceding Mother's Day; [or] |
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(B) ending at the time the child's school resumes |
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after Mother's Day; or |
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(C) beginning at the time described by Paragraph |
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(A) and ending at the time described by Paragraph (B); or |
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(8) for weekend periods of possession that are |
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extended under Section 153.315(b) by a student holiday or teacher |
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in-service day that falls on a Friday, beginning at the time the |
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child's school is regularly dismissed on Thursday. |
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SECTION 3. Section 153.3162, Family Code, is repealed. |
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SECTION 4. Sections 153.316 and 153.317, Family Code, as |
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amended by this Act, apply 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 5. This Act takes effect September 1, 2013. |