By: Hughes  S.B. No. 1936
         (In the Senate - Filed March 12, 2021; April 1, 2021, read
  first time and referred to Committee on State Affairs;
  April 14, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 14, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1936 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the beginning and ending possession times in certain
  standard possession orders in a suit affecting the parent-child
  relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 153, Family Code, is
  amended by adding Section 153.3171 to read as follows:
         Sec. 153.3171.  BEGINNING AND ENDING POSSESSION TIMES FOR
  PARENTS WHO RESIDE 50 MILES OR LESS APART. (a)  Except as provided
  by Subsection (b), if the possessory conservator resides not more
  than 50 miles from the primary residence of the child, the court
  shall alter the standard possession order under Sections 153.312,
  153.314, and 153.315 to provide that the conservator has the right
  to possession of the child as if the conservator had made the
  elections for alternative beginning and ending possession times
  under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6),
  (7)(C), and (8).
         (b)  Subsection (a) does not apply if:
               (1)  the possessory conservator declines one or more of
  the alternative beginning and ending possession times under
  Subsection (a) in a written document filed with the court or through
  an oral statement made in open court on the record;
               (2)  the court is denying, restricting, or limiting the
  possessory conservator's possession of or access to the child in
  the best interest of the child under Section 153.004; or
               (3)  the court finds that one or more of the alternative
  beginning and ending possession times under Subsection (a) are not
  in the best interest of the child, including:
                     (A)  because the distances between residences
  make the possession schedule described by Subsection (a) unworkable
  or inappropriate considering the circumstances of the parties or
  the area in which the parties reside;
                     (B)  because before the filing of the suit, the
  possessory conservator did not frequently and continuously
  exercise the rights and duties of a parent with respect to the
  child; or
                     (C)  for any other reason the court considers
  relevant.
         (c)  On the request of a party, the court shall make findings
  of fact and conclusions of law regarding the order under this
  section.
         SECTION 2.  Subchapter B, Chapter 231, Family Code, is
  amended by adding Section 231.1211 to read as follows:
         Sec. 231.1211.  INFORMATIONAL MATERIALS ON STANDARD
  POSSESSION ORDER. (a) The Title IV-D agency shall create
  informational materials that describe the possession schedule
  under the standard possession order under Subchapter F, Chapter
  153, including any alternate schedules or elections available to
  conservators.
         (b)  The Title IV-D agency shall make the informational
  materials described by Subsection (a) available on the agency's
  Internet website and distribute printed copies of those materials
  on request.
         SECTION 3.  The enactment of this Act does not constitute a
  material and substantial change of circumstances sufficient to
  warrant modification of a court order or portion of a decree that
  provides for the possession of or access to a child rendered before
  the effective date of this Act.
         SECTION 4.  The change in law made by this Act applies to a
  suit affecting the parent-child relationship that is pending in a
  trial court on the effective date of this Act or that is filed on or
  after the effective date of this Act.
         SECTION 5.  This Act takes effect September 1, 2021.
 
  * * * * *