| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring notice to parties in certain suits affecting |
|
|
the parent-child relationship of options for periods of possession |
|
|
of or access to a child under a standard possession order. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 102.009, Family Code, is amended by |
|
|
adding Subsection (f) to read as follows: |
|
|
(f) If the petition requests the establishment or |
|
|
modification of periods of possession of or access to a child, the |
|
|
citation must include notice of the options for periods of |
|
|
possession of or access to a child under a standard possession order |
|
|
under Subchapter F, Chapter 153, including notice that: |
|
|
(1) a conservator may elect one or more of the |
|
|
alternative beginning and ending possession times provided under |
|
|
Section 153.317, which the court must enter into the possession |
|
|
order unless the court finds that the election is not in the best |
|
|
interest of the child; and |
|
|
(2) an election described by Subdivision (1) may |
|
|
enable the conservator to substantially increase the conservator's |
|
|
periods of possession and adapt the possession schedule based on |
|
|
the needs of the conservator and the child. |
|
|
SECTION 2. Section 102.0091, Family Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) A waiver filed in a suit in which the filed petition |
|
|
requests the establishment or modification of periods of possession |
|
|
of or access to a child must include an acknowledgment that the |
|
|
waiving party is aware of the alternative beginning and ending |
|
|
possession times provided under Section 153.317. |
|
|
SECTION 3. Section 154.022, Civil Practice and Remedies |
|
|
Code, is amended by adding Subsection (a-1) to read as follows: |
|
|
(a-1) If a pending dispute concerns the establishment or |
|
|
modification of periods of possession of or access to a child, the |
|
|
notification must include notice of the alternative beginning and |
|
|
ending times for possession of or access to a child under Section |
|
|
153.317, Family Code. |
|
|
SECTION 4. The changes in law made by this Act apply only to |
|
|
a suit affecting the parent-child relationship filed on or after |
|
|
the effective date of this Act. A suit affecting the parent-child |
|
|
relationship filed before that date is governed by the law in effect |
|
|
on the date the suit was filed, and that law is continued in effect |
|
|
for that purpose. |
|
|
SECTION 5. This Act takes effect September 1, 2021. |