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A BILL TO BE ENTITLED
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AN ACT
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relating to certain beginning and ending times of possession under |
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a standard possession order in a suit affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.312(a), Family Code, is amended to |
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read as follows: |
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(a) If the possessory conservator resides 100 miles or less |
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from the primary residence of the child, the possessory conservator |
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shall have the right to possession of the child as follows: |
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(1) on weekends throughout the year beginning at the |
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time the child's school is regularly dismissed [6 p.m.] on the |
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first, third, and fifth Friday of each month and ending at the time |
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school typically resumes [6 p.m.] on the following Monday [Sunday]; |
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and |
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(2) on Thursdays of each week during the regular |
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school term beginning at 6 p.m. and ending at 8 p.m., unless the |
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court finds that visitation under this subdivision is not in the |
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best interest of the child. |
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SECTION 2. Section 153.316, Family Code, is amended to read |
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as follows: |
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Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court |
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shall order the following general terms and conditions of |
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possession of a child to apply without regard to the distance |
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between the residence of a parent and the child: |
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(1) the managing conservator shall surrender the child |
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to the possessory conservator at the beginning of each period of the |
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possessory conservator's possession at the residence of the |
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managing conservator; |
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(2) if the possessory conservator's [conservator |
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elects to begin a] period of possession begins at the time the |
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child's school is regularly dismissed, the managing conservator |
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shall surrender the child to the possessory conservator at the |
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beginning of each period of possession at the school in which the |
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child is enrolled; |
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(3) the possessory conservator shall be ordered to do |
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one of the following: |
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(A) the possessory conservator shall surrender |
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the child to the managing conservator at the end of each period of |
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possession at the residence of the possessory conservator; or |
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(B) the possessory conservator shall return the |
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child to the residence of the managing conservator at the end of |
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each period of possession, except that the order shall provide that |
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the possessory conservator shall surrender the child to the |
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managing conservator at the end of each period of possession at the |
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residence of the possessory conservator if: |
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(i) at the time the original order or a |
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modification of an order establishing terms and conditions of |
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possession or access the possessory conservator and the managing |
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conservator lived in the same county, the possessory conservator's |
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county of residence remains the same after the rendition of the |
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order, and the managing conservator's county of residence changes, |
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effective on the date of the change of residence by the managing |
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conservator; or |
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(ii) the possessory conservator and |
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managing conservator lived in the same residence at any time during |
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a six-month period preceding the date on which a suit for |
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dissolution of the marriage was filed and the possessory |
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conservator's county of residence remains the same and the managing |
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conservator's county of residence changes after they no longer live |
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in the same residence, effective on the date the order is rendered; |
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(4) if the possessory conservator's [conservator |
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elects to end a] period of possession ends at the time the child's |
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school resumes, the possessory conservator shall surrender the |
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child to the managing conservator at the end of each period of |
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possession at the school in which the child is enrolled; |
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(5) each conservator shall return with the child the |
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personal effects that the child brought at the beginning of the |
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period of possession; |
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(6) either parent may designate a competent adult to |
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pick up and return the child, as applicable; a parent or a |
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designated competent adult shall be present when the child is |
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picked up or returned; |
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(7) a parent shall give notice to the person in |
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possession of the child on each occasion that the parent will be |
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unable to exercise that parent's right of possession for a |
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specified period; |
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(8) written notice, including notice provided by |
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electronic mail or facsimile, shall be deemed to have been timely |
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made if received or, if applicable, postmarked before or at the time |
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that notice is due; and |
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(9) if a conservator's time of possession of a child |
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ends at the time school resumes and for any reason the child is not |
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or will not be returned to school, the conservator in possession of |
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the child shall immediately notify the school and the other |
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conservator that the child will not be or has not been returned to |
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school. |
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SECTION 3. 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 |
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resumes 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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(2) [(3)] for spring vacation periods of possession |
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under Section 153.312(b)(1), beginning at the time the child's |
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school is dismissed for those vacations; |
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(3) [(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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(4) [(5)] for Thanksgiving holiday periods of |
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possession under Section 153.314(3), beginning at the time the |
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child's school is dismissed for the holiday; |
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(5) [(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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(6) [(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); |
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(7) [(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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(8) [(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 4. Section 153.3171(a), Family Code, as added by |
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Chapter 896 (H.B. 3203), Acts of the 87th Legislature, Regular |
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Session, 2021, is amended to read as follows: |
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(a) Except as provided by Subsection (b), if the possessory |
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conservator resides not more than 50 miles from the primary |
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residence of the child, the court shall alter the standard |
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possession order under Sections 153.312, 153.314, and 153.315 to |
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provide that the conservator has the right to possession of the |
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child as if the conservator had made the elections for alternative |
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beginning and ending possession times under Sections |
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153.317(a)(1)(C), (2) [(2)(C)], (3), (4), (5), (6)(C) [(6)], (7) |
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[(7)(C)], and (8). |
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SECTION 5. Section 153.3171(a), Family Code, as added by |
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Chapter 967 (S.B. 1936), Acts of the 87th Legislature, Regular |
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Session, 2021, is repealed. |
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SECTION 6. The change in law made by this Act does not |
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constitute a material and substantial change of circumstances under |
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Section 156.401, Family Code, sufficient to warrant modification of |
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a court order or a portion of a decree that provides for the support |
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of a child rendered before the effective date of this Act. |
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SECTION 7. 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 8. This Act takes effect September 1, 2023. |