88R4796 AMF-F
 
  By: Cook H.B. No. 3379
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to orders for the conservatorship of, possession of or
  access to, or support of a child in a suit affecting the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.001(a), Family Code, is amended to
  read as follows:
         (a)  The public policy of this state is to:
               (1)  assure that children will have frequent and
  continuing contact with parents who have shown the ability to act in
  the best interest of the child;
               (2)  provide a safe, stable, and nonviolent environment
  for the child; [and]
               (3)  encourage parents to share equally in the rights
  and duties of raising their child after the parents have separated
  or dissolved their marriage; and
               (4)  if parents reside in reasonable proximity to each
  other, allocate rights of equal or nearly equal periods of physical
  possession of and access to the child.
         SECTION 2.  Section 153.002, Family Code, is amended to read
  as follows:
         Sec. 153.002.  BEST INTEREST OF CHILD. (a) The best
  interest of the child shall always be the primary consideration of
  the court in determining the issues of conservatorship and
  possession of and access to the child.
         (b)  In determining the best interest of the child, in
  addition to any other factors the court is required to consider
  under this chapter or other law, the court shall consider the
  following factors:
               (1)  the child's wishes as to conservatorship,
  possession, or access;
               (2)  the child's current and future emotional and
  physical needs;
               (3)  any current or future emotional or physical danger
  to the child;
               (4)  the parenting abilities of the party seeking
  conservatorship or possession of or access to the child;
               (5)  the programs available to assist the party seeking
  conservatorship or possession of or access to the child;
               (6)  the plans for the child of any person seeking
  conservatorship or possession of or access to the child;
               (7)  the stability of any proposed placement;
               (8)  any act or omission by a parent seeking
  conservatorship or possession of or access to the child that may
  indicate the parent does not act in the best interest of the child;
               (9)  any explanation for the parent's act or omission
  described by Subdivision (8); and
               (10)  any other factor the court considers relevant to
  the determination.
         SECTION 3.  Section 153.007(a), Family Code, is amended to
  read as follows:
         (a)  To promote the amicable settlement of disputes between
  the parties to a suit, the parties may enter into a written agreed
  parenting plan containing provisions for conservatorship and
  possession of the child and for modification of the parenting plan,
  including variations from the equal parenting order under
  Subchapter F-1 or the standard possession order under Subchapter F.
         SECTION 4.  Section 153.134, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Notwithstanding any other provision of this chapter and
  except as otherwise provided by this subsection, if the court
  renders an order appointing the parents as joint managing
  conservators under this section and the parents reside 20 miles or
  less apart, the court shall render an equal parenting order under
  Subchapter F-1 providing for equal or nearly equal periods of
  physical possession of the child, unless the court determines and
  enters a finding of fact on the record specifying that equal or
  nearly equal periods of physical possession are not in the best
  interest of the child, in which case the court may enter:
               (1)  a standard possession order as provided by
  Subchapter F, including an expanded standard possession order under
  Section 153.3171, if applicable; or
               (2)  if the court finds that the standard possession
  order is not in the best interest of the child, another order for
  possession of the child that the court determines is in the best
  interest of the child.
         SECTION 5.  Section 153.251(a), Family Code, is amended to
  read as follows:
         (a)  The guidelines established in the standard possession
  order are intended to guide the courts in ordering the terms and
  conditions for possession of a child by a parent named as a
  possessory conservator, or as the minimum possession for a joint
  managing conservator if the court does not render an equal
  parenting order under Subchapter F-1.
         SECTION 6.  Section 153.252, Family Code, is amended to read
  as follows:
         Sec. 153.252.  REBUTTABLE PRESUMPTION.  (a)  Except as
  provided by Subsection (b), in [In] a suit, there is a rebuttable
  presumption that the standard possession order in Subchapter F:
               (1)  provides reasonable minimum possession of a child
  for a parent named as a possessory conservator or joint managing
  conservator; and
               (2)  is in the best interest of the child.
         (b)  If the court renders an order appointing the parents as
  joint managing conservators and the parents reside 20 miles or less
  apart, there is a rebuttable presumption that the equal parenting
  order under Subchapter F-1 is in the best interest of the child. If
  the court finds that the equal parenting order under Subchapter F-1
  is not in the best interest of the child, the presumption provided
  by Subsection (a) applies.
         SECTION 7.  Chapter 153, Family Code, is amended by adding
  Subchapter F-1 to read as follows:
  SUBCHAPTER F-1. EQUAL PARENTING ORDER FOR JOINT MANAGING
  CONSERVATORS WHO RESIDE 20 MILES OR LESS APART
         Sec. 153.351.  AUTHORITY TO RENDER EQUAL PARENTING ORDER.
  Notwithstanding any other provision of this chapter, a court shall
  enter an equal parenting order under this subchapter providing for
  equal or nearly equal periods of possession of a child in accordance
  with this subchapter if the court:
               (1)  appoints the parents as joint managing
  conservators under Section 153.134;
               (2)  determines the parents reside 20 miles or less
  apart; and
               (3)  determines that the order would be in the best
  interest of the child.
         Sec. 153.352.  DESIGNATION OF CONSERVATORS UNDER EQUAL
  PARENTING ORDER. For purposes of this subchapter, the court shall
  designate the joint managing conservator with the exclusive right
  to designate the child's primary residence as "conservator A" and
  the other joint managing conservator as "conservator B."
         Sec. 153.353.  REFERENCE TO "SCHOOL" IN EQUAL PARENTING
  ORDER.  (a)  In an equal parenting order, "school" means the
  elementary or secondary school in which the child is enrolled or, if
  the child is not enrolled in an elementary or secondary school, the
  public school district in which the child primarily resides.
         (b)  In this subchapter, if a period of possession in an
  equal parenting order begins or ends at the time the child's school
  regularly resumes, and the child is not attending school on that
  day, the period of possession shall begin or end at 8:00 a.m.
         Sec. 153.354.  MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
  POSSESSION. The court shall specify in an equal parenting order
  that the parties may have possession of the child at times mutually
  agreed to in advance by the parties and, in the absence of mutual
  agreement, shall have possession of the child under the specified
  terms set out in the equal parenting order.
         Sec. 153.355.  POSSESSION SCHEDULE UNDER EQUAL PARENTING
  ORDER. Unless an alternative possession schedule is ordered under
  Section 153.356, in an equal parenting order:
               (1)  conservator B shall have the right to possession
  of the child as follows:
                     (A)  on weekends throughout the year beginning at
  the time school regularly resumes on the first and third Friday of
  each month and ending at the time school regularly resumes on the
  following Monday; and
                     (B)  on Wednesdays and Thursdays of each week
  beginning at the time school regularly resumes on Wednesday and
  ending at the time school regularly resumes on Friday;
               (2)  conservator A shall have the right to possession
  of the child as follows:
                     (A)  on weekends throughout the year beginning at
  the time school regularly resumes on the second and fourth Friday of
  each month and ending at the time school regularly resumes on the
  following Monday; and
                     (B)  on Mondays and Tuesdays of each week
  beginning at the time school regularly resumes on Monday and ending
  at the time school regularly resumes on Wednesday; and
               (3)  for weekends that begin at the time school
  regularly resumes on the fifth Friday of a month and end at the time
  school regularly resumes on the following Monday, the conservators
  shall alternate weekends of possession throughout the year on a
  schedule that begins as follows:
                     (A)  conservator B shall have the right to
  possession of the child on the first such weekend of the year in
  even-numbered years; and
                     (B)  conservator A shall have the right to
  possession of the child on the first such weekend of the year in
  odd-numbered years.
         Sec. 153.356.  ALTERNATIVE SCHEDULE UNDER EQUAL PARENTING
  ORDER. (a)  As an alternative to the possession schedule under
  Section 153.355, the court in an equal parenting order may
  designate an alternative possession schedule as provided in this
  section.
         (b)  Under an alternative possession schedule:
               (1)  conservator B shall have the right to possession
  of the child beginning at the time school regularly resumes on the
  first and third Friday of each month and ending at the time school
  regularly resumes on the following Friday;
               (2)  conservator A shall have the right to possession
  of the child beginning at the time school regularly resumes on the
  second and fourth Friday of each month and ending at the time school
  regularly resumes on the following Friday; and
               (3)  for weeks that begin at the time school regularly
  resumes on the fifth Friday of a month and end at the time school
  regularly resumes on the following Friday, the conservators shall
  alternate weeks of possession throughout the year on a schedule
  that begins as follows:
                     (A)  conservator B shall have the right to
  possession of the child on the first such week of the year in
  even-numbered years; and
                     (B)  conservator A shall have the right to
  possession of the child on the first such week of the year in
  odd-numbered years.
         Sec. 153.357.  VACATION AND HOLIDAY POSSESSION SCHEDULE
  UNDER EQUAL PARENTING ORDER. (a)  This section governs possession
  of the child for certain vacations and holidays and supersedes the
  periods of possession described by Section 153.355 or 153.356.
         (b)  Under an equal parenting order:
               (1)  conservator B shall have possession of the child
  in even-numbered years beginning at the time the child's school
  resumes on the day the child is dismissed from school for the
  school's spring vacation and ending at the time the child's school
  resumes after that vacation;
               (2)  conservator A shall have possession of the child
  in odd-numbered years beginning at the time the child's school
  resumes on the day the child is dismissed from school for the
  school's spring vacation and ending at the time the child's school
  resumes after that vacation;
               (3)  the conservators shall alternate 14-day periods of
  possession for eight weeks during the period the child's school is
  dismissed for summer vacation, regardless of whether the child
  participates in summer school, on a schedule that begins as
  follows:
                     (A)  in even-numbered years, conservator B shall
  have the right to possession of the child:
                           (i)  beginning when school regularly resumes
  the day school is dismissed for summer vacation if school is
  dismissed for summer vacation on a Friday, otherwise at 8:00 a.m.
  the first Friday of the period the child's school is dismissed for
  summer vacation; and
                           (ii)  ending at 8 a.m. the second Friday
  after the period of possession begins; and
                     (B)  in odd-numbered years, conservator A shall
  have the right to possession of the child:
                           (i)  beginning when school regularly resumes
  the day school is dismissed for summer vacation if school is
  dismissed for summer vacation on a Friday, otherwise at 8:00 a.m.
  the first Friday of the period the child's school is dismissed for
  summer vacation; and
                           (ii)  ending at 8 a.m. the second Friday
  after the period of possession begins; and
               (4)  the conservators shall have rights of possession
  of the child during holiday periods as follows:
                     (A)  conservator B shall have possession of the
  child in even-numbered years beginning at 4 p.m. on the day the
  child is dismissed from school for the Christmas school vacation
  and ending at noon on December 28, and conservator A shall have
  possession for the same period in odd-numbered years;
                     (B)  conservator B shall have possession of the
  child in odd-numbered years beginning at noon on December 28 and
  ending at 4 p.m. on the day before school resumes after that
  vacation, and conservator A shall have possession for the same
  period in even-numbered years;
                     (C)  conservator B shall have possession of the
  child in odd-numbered years beginning at 4 p.m. on the day the child
  is dismissed from school before Thanksgiving and ending at 4 p.m. on
  the following Sunday, and conservator A shall have possession for
  the same period in even-numbered years;
                     (D)  the parent not otherwise entitled under this
  equal order to present possession of a child on the child's birthday
  shall have possession of the child beginning at 6 p.m. and ending at
  8 p.m. on that day, provided that the parent picks up the child from
  the residence of the conservator entitled to possession and returns
  the child to that same place;
                     (E)  the father shall have possession of the child
  beginning at 6 p.m. on the Friday preceding Father's Day and ending
  on Father's Day at 6 p.m., provided that, if he is not otherwise
  entitled under this equal parenting order to present possession of
  the child, he picks up the child from the residence of the
  conservator entitled to possession and returns the child to that
  same place; and
                     (F)  the mother shall have possession of the child
  beginning at 6 p.m. on the Friday preceding Mother's Day and ending
  on Mother's Day at 6 p.m., provided that, if she is not otherwise
  entitled under this equal parenting order to present possession of
  the child, she picks up the child from the residence of the
  conservator entitled to possession and returns the child to that
  same place.
         SECTION 8.  Section 154.122, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An order for child support rendered for a child who is
  the subject of an equal parenting order under Subchapter F-1,
  Chapter 153, is presumed to be reasonable and in the best interest
  of the child if the order for child support conforms to Section
  154.1265.
         SECTION 9.  Subchapter C, Chapter 154, Family Code, is
  amended by adding Section 154.1265 to read as follows:
         Sec. 154.1265.  APPLICATION OF GUIDELINES FOR CHILD SUBJECT
  TO EQUAL PARENTING ORDER. (a)  In ordering child support for a
  child who is the subject of an equal parenting order under
  Subchapter F-1, Chapter 153, the court shall determine the amount
  of the child support obligation as provided by this section.
         (b)  The court shall first apply the child support guidelines
  with respect to each parent without regard to the other and then
  subtract the amount of child support determined under the
  guidelines for the parent who would be obligated to pay the lesser
  of the two amounts from the amount of child support determined for
  the parent who would be obligated to pay the greater amount. The
  net amount is presumed to be a reasonable amount of child support.
         (c)  The court shall render an order requiring the parent
  determined under Subsection (b) to owe the greater amount to pay as
  periodic child support the net amount to the other parent.
         (d)  A child support order conforming to the requirements of
  this section is presumed to be in the best interest of the child.
         SECTION 10.  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 11.  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 12.  This Act takes effect September 1, 2023.