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A BILL TO BE ENTITLED
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AN ACT
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relating to the standard possession order and alternative |
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possession times 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. Subchapter F, Chapter 153, Family Code, is |
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amended by adding Section 153.3171 to read as follows: |
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Sec. 153.3171. BEGINNING AND ENDING POSSESSION TIMES FOR |
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PARENTS WHO RESIDE 50 MILES OR LESS APART. (a) Except as provided |
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by Subsection (b), if the possessory conservator resides not more |
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than 50 miles from the primary residence of the child, the court |
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shall alter the standard possession order under Sections 153.312, |
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153.314, and 153.315 to provide that the conservator has the right |
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to possession of the child as if the conservator had made the |
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elections for alternative beginning and ending possession times |
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under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6), |
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(7)(C), and (8). |
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(b) Subsection (a) does not apply if: |
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(1) the possessory conservator declines one or more of |
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the alternative beginning and ending possession times under |
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Subsection (a) in a written document filed with the court or through |
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an oral statement made in open court on the record; |
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(2) the court is denying, restricting, or limiting the |
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possessory conservator's possession of or access to the child in |
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the best interest of the child under Section 153.004; or |
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(3) the court finds that one or more of the alternative |
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beginning and ending possession times under Subsection (a) are not |
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in the best interest of the child, including: |
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(A) because the distances between residences |
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make the possession schedule described by Subsection (a) unworkable |
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or inappropriate considering the circumstances of the parties or |
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the area in which the parties reside; |
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(B) because before the filing of the suit, the |
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possessory conservator did not frequently and continuously |
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exercise the rights and duties of a parent with respect to the |
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child; or |
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(C) for any other reason the court considers |
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relevant. |
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(c) On the request of a party, the court shall make findings |
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of fact and conclusions of law regarding the order under this |
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section. |
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SECTION 3. Subchapter B, Chapter 231, Family Code, is |
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amended by adding Section 231.1211 to read as follows: |
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Sec. 231.1211. INFORMATIONAL MATERIALS ON STANDARD |
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POSSESSION ORDER. (a) The Title IV-D agency shall create |
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informational materials that describe the possession schedule |
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under the standard possession order under Subchapter F, Chapter |
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153, including any alternate schedules or elections available to |
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conservators. |
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(b) The Title IV-D agency shall make the informational |
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materials described by Subsection (a) available on the agency's |
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Internet website and distribute printed copies of those materials |
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on request. |
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SECTION 4. 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 5. 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 6. This Act takes effect September 1, 2021. |
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