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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative equal access times of possession under a |
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standard possession order in a suit affecting the parent-child |
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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 ALTERNATIVE EQUAL ACCESS STANDARD |
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POSSESSION ORDER. (a) Unless the court finds that an alternative |
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equal access standard possession order under Section 153.318, or an |
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election under that order, is not in the best interest of the child, |
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a conservator may elect to increase the times of possession to which |
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the conservator would otherwise be entitled under Sections 153.312, |
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153.314, and 153.315 by requesting an alternative equal access |
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standard possession order under Section 153.318. |
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(b) A conservator must make an election under Subsection (a) |
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before or at the time a possession order is rendered. |
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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. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.318 to read as follows: |
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Sec. 153.318. ALTERNATIVE EQUAL ACCESS POSSESSION ORDER. |
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(a) If elected by a conservator under Section 153.3115 and subject |
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to the limitations prescribed by that section, the court shall |
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alter the standard possession order under Sections 153.312, |
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153.314, and 153.315 to provide for increased times of possession |
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as a result of that conservator's election under one of the |
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following arrangements: |
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(1) an arrangement under which each parent has |
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possession of the child for one week at a time, alternating weeks of |
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possession with the other parent; |
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(2) an arrangement under which possession of the child |
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alternates between the parents for succeeding two-day alternating |
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periods followed by alternating five-day periods; or |
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(3) an arrangement under which each parent has |
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possession of the child under a schedule specified by the court or |
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agreed to by the parties, provided that the schedule provides the |
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child, as reasonably as possible, approximately equal access to |
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both conservators. |
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(b) If under an arrangement elected under Subsection (a), |
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one parent is granted possession of the child for a greater number |
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of days than the other parent in a year, the other parent must be |
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granted possession of the child for that same number of days in the |
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following year. |
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(c) The holiday and vacation schedules prescribed by this |
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subchapter apply to an arrangement elected under Subsection (a). |
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(d) The parents may modify an arrangement elected under |
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Subsection (a) or the holiday or vacation schedule by mutual |
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agreement. |
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(e) A period of possession that begins or ends on a Friday or |
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a Sunday under an arrangement elected under Subsection (b) is |
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subject to the possession period extensions provided by Section |
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153.315. |
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SECTION 3. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |