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A BILL TO BE ENTITLED
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AN ACT
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relating to the conservatorship and possession of, and support for, |
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a child in certain suits 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. Chapter 102, Family Code, is amended by adding |
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Section 102.015 to read as follows: |
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Sec. 102.015. PROVISION OF PARENTING PLAN HANDBOOK. On the |
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filing of a petition involving the conservatorship or possession of |
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or access to a child, the court shall provide to each party to the |
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proceeding the parenting plan handbook developed under Section |
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153.008. |
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SECTION 2. Sections 153.007(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) To promote the amicable settlement of disputes between |
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the parties to a suit, the parties may enter into a written agreed |
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parenting plan containing provisions for conservatorship and |
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possession of the child and for modification of the parenting plan, |
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including model provisions prescribed in the parenting plan |
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handbook developed under Section 153.008, variations from those |
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model provisions, or variations from the standard possession order. |
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(b) If the court finds that the agreed parenting plan is in |
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the child's best interest, the court shall render an order in |
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accordance with the parenting plan. In determining whether the |
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agreed parenting plan is in the child's best interest, the court |
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shall consider all relevant factors, including: |
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(1) the child's needs for frequent, continuing, and |
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meaningful contact with both parents and whether both parents agree |
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to facilitate that contact; |
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(2) the interaction and interrelationship of the child |
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with the child's parents, siblings, and any other member of the |
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child's household who may significantly affect the child's best |
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interests; |
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(3) the child's adjustment to the child's home, |
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school, and community; and |
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(4) the mental and physical health of the child and all |
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individuals involved in the parenting plan, including an |
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examination of any history of family violence, sexual assault or |
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abuse, child neglect or abuse, or other harmful behavior. |
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SECTION 3. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.008 to read as follows: |
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Sec. 153.008. PARENTING PLAN HANDBOOK. (a) The attorney |
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general shall develop a parenting plan handbook to assist parties |
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to a suit in arriving at an agreement for conservatorship and |
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possession of a child. |
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(b) The handbook must include: |
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(1) guidelines for creating and implementing a |
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parenting plan, including: |
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(A) the requirements for a joint managing |
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conservatorship parenting plan under Section 153.133; and |
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(B) alternative dispute resolution options; and |
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(2) various models of potential parenting plans that |
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could be used or adapted for use. |
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(c) To the greatest extent possible, the guidelines and |
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models developed under Subsection (b) must maximize each |
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conservator's period of possession of the child consistent with the |
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child's best interest. |
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(d) In developing the guidelines and models required by |
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Subsection (b), the attorney general may consult with any relevant |
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agency or other entity. |
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(e) The attorney general shall make the handbook available |
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online and provide paper copies on request to members of the public. |
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SECTION 4. Section 154.122, Family Code, is amended to read |
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as follows: |
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Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY |
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PRESUMED TO BE IN BEST INTEREST OF CHILD. (a) Subject to |
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Subsection (b), the [The] amount of a periodic child support |
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payment established by the child support guidelines in effect in |
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this state at the time of the hearing is presumed to be reasonable, |
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and an order of support conforming to the guidelines is presumed to |
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be in the best interest of the child. |
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(b) Before entering an order of support conforming to the |
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guidelines, a [A] court must [may] determine whether [that] the |
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application of the guidelines would be unjust or inappropriate |
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under the circumstances. In making the determination, a court |
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shall consider the financial resources available to each parent of |
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the child and each other relevant factor, including the factors |
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specified by Section 154.123(b). |
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SECTION 5. The attorney general shall develop and make |
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available the parenting plan handbook required by Section 153.008, |
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Family Code, as added by this Act, not later than December 1, 2019. |
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SECTION 6. (a) A court is not required to comply with |
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Section 102.015, Family Code, as added by this Act, before January |
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1, 2020. |
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(b) Sections 153.007 and 154.122, Family Code, as amended by |
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this Act, apply only to an original suit affecting the parent-child |
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relationship commenced on or after January 1, 2020. A suit filed |
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before that date is governed by the law in effect on the date the |
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suit was filed, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |