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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. 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; |
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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), 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; |
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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; or |
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(9) for weekend periods of possession that are |
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extended under Section 153.315(a) by a student holiday or teacher |
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in-service day that falls on a Monday, ending at 8 a.m. Tuesday. |
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SECTION 2. 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 3. 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 4. This Act takes effect September 1, 2021. |