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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative times of possession under a standard |
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possession order in a suit 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. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.3115 to read as follows: |
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Sec. 153.3115. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. |
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(a) Unless the court finds that an expanded standard possession |
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order under Section 153.317, or an election under that order, is not |
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in the best interest of the child, a conservator may elect to |
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increase the times of possession to which the conservator would |
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otherwise be entitled under Sections 153.312, 153.314, and 153.315 |
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by requesting an expanded standard possession order under Section |
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153.317. |
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(b) A conservator must make an election under Subsection |
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(a): |
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(1) before or at the time a possession order is |
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rendered; or |
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(2) if the conservators are parties to a mediated |
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settlement agreement under Section 153.0071 or a collaborative |
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family law settlement agreement under Chapter 15 that includes a |
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possession order, before the conservator making the election signs |
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that agreement. |
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(c) An election under Subsection (a) may be made: |
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(1) in a written document filed with the court; or |
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(2) through an oral statement made in open court on the |
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record. |
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SECTION 2. Section 153.317, Family Code, is amended to read |
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as follows: |
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Sec. 153.317. EXPANDED STANDARD POSSESSION ORDER |
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[ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES]. Subject to |
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the limitations prescribed by Section 153.3115 [(a)
If elected by
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a conservator], the court shall alter the standard possession order |
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described by [under] Sections 153.312, 153.314, and 153.315 to |
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provide for increased times of possession for a conservator as a |
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result of that conservator's election of one or more of the |
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following alternative beginning and ending possession times for the |
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described periods of that conservator's possession[, unless the
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court finds that the election is not in the best interest of the
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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; |
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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; |
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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): |
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(A) [,] beginning at the time the child's school |
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is dismissed for those vacations; |
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(B) ending at the time the child's school resumes |
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after those vacations; 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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(4) for Christmas school vacation periods of |
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possession: |
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(A) under Section 153.314(1), beginning at the |
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time the child's school is dismissed for the vacation; or |
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(B) under Section 153.314(2), ending at the time |
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the child's school resumes after the vacation; |
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(5) for Thanksgiving holiday periods of possession |
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under Section 153.314(3): |
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(A) [,] beginning at the time the child's school |
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is dismissed for the holiday; |
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(B) ending at the time the child's school resumes |
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after the holiday; 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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(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; |
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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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[(b)
A conservator must make an election under Subsection
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(a) before or at the time of the rendition of a possession
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order.
The election may be made:
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[(1) in a written document filed with the court; or
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[(2)
through an oral statement made in open court on
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the record.] |
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SECTION 3. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending before a |
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court on or filed on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |