88R22986 MLH-D
 
  By: Morales of Harris, Swanson H.B. No. 120
 
  Substitute the following for H.B. No. 120:
 
  By:  Wu C.S.H.B. No. 120
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the terms and conditions of a standard possession order
  in a suit affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.316, Family Code, is amended to read
  as follows:
         Sec. 153.316.  GENERAL TERMS AND CONDITIONS. The court
  shall order the following general terms and conditions of
  possession of a child to apply without regard to the distance
  between the residence of a parent and the child:
               (1)  the managing conservator shall surrender the child
  to the possessory conservator at the beginning of each period of the
  possessory conservator's possession at the residence of the
  managing conservator;
               (2)  if the possessory conservator elects to begin a
  period of possession at the time the child's school is regularly
  dismissed, the managing conservator shall surrender the child to
  the possessory conservator at the beginning of each period of
  possession at:
                     (A)  the school in which the child is enrolled; or
                     (B)  if the child is not physically attending
  school:
                           (i)  the managing conservator's residence,
  unless:
                                 (a)  the exchanging parties agree on a
  different location, in which event the child must be surrendered at
  that location; or
                                 (b)  the court orders an exchange at a
  specific location, in which event the child must be surrendered at
  the location designated by the court; or
                           (ii)  a location determined by a party who,
  because of a finding under Section 105.006(c), is not required to
  disclose the party's address to the other party or is protected from
  the other party by an order rendered by the court, provided that the
  location is recorded in the final order for possession of the child;
               (3)  the possessory conservator shall be ordered to do
  one of the following:
                     (A)  the possessory conservator shall surrender
  the child to the managing conservator at the end of each period of
  possession at the residence of the possessory conservator; or
                     (B)  the possessory conservator shall return the
  child to the residence of the managing conservator at the end of
  each period of possession, except that the order shall provide that
  the possessory conservator shall surrender the child to the
  managing conservator at the end of each period of possession at the
  residence of the possessory conservator if:
                           (i)  at the time the original order or a
  modification of an order establishing terms and conditions of
  possession or access the possessory conservator and the managing
  conservator lived in the same county, the possessory conservator's
  county of residence remains the same after the rendition of the
  order, and the managing conservator's county of residence changes,
  effective on the date of the change of residence by the managing
  conservator; or
                           (ii)  the possessory conservator and
  managing conservator lived in the same residence at any time during
  a six-month period preceding the date on which a suit for
  dissolution of the marriage was filed and the possessory
  conservator's county of residence remains the same and the managing
  conservator's county of residence changes after they no longer live
  in the same residence, effective on the date the order is rendered;
               (4)  if the possessory conservator elects to end a
  period of possession at the time the child's school resumes, the
  possessory conservator shall surrender the child to the managing
  conservator at the end of each period of possession at:
                     (A)  the school in which the child is enrolled; or
                     (B)  if the child is not physically attending
  school:
                           (i)  the possessory conservator's residence,
  unless:
                                 (a)  the exchanging parties agree on a
  different location, in which event the child must be surrendered at
  that location; or
                                 (b)  the court orders an exchange at a
  specific location, in which event the child must be surrendered at
  the location designated by the court; or
                           (ii)  a location determined by a party who,
  because of a finding under Section 105.006(c), is not required to
  disclose the party's address to the other party or is protected from
  the other party by an order rendered by the court, provided that the
  location is recorded in the final order for possession of the child;
               (5)  each conservator shall return with the child the
  personal effects that the child brought at the beginning of the
  period of possession;
               (6)  either parent may designate a competent adult to
  pick up and return the child, as applicable; a parent or a
  designated competent adult shall be present when the child is
  picked up or returned;
               (7)  a parent shall give notice to the person in
  possession of the child on each occasion that the parent will be
  unable to exercise that parent's right of possession for a
  specified period;
               (8)  written notice, including notice provided by
  electronic mail or facsimile, shall be deemed to have been timely
  made if received or, if applicable, postmarked before or at the time
  that notice is due; and
               (9)  if a conservator's time of possession of a child
  ends at the time school is scheduled to resume [resumes] and [for
  any reason] the child is not physically attending [or will not be
  returned to] school, the conservator in possession of the child
  shall immediately notify [the school and] the other conservator
  that the child will not be or has not been returned to school.
         SECTION 2.  Section 153.3171(b), Family Code, is amended to
  read as follows:
         (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 has received information or a request
  from a party that the court is required to consider that may result
  in the denial, restriction, or limitation of the possessory
  conservator's possession of or access to the child in the best
  interest of the child under Section 153.004; or
               (4)  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.
         SECTION 3.  The change in law made by this Act applies only
  to a court order providing for possession of or access to a child
  rendered on or after the effective date of this Act. A court order
  rendered before the effective date of this Act is governed by the
  law in effect on the date the order was rendered, and the former law
  is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.