81R775 KKA-F
By: Gonzalez Toureilles H.B. No. 1010
A BILL TO BE ENTITLED
AN ACT
relating to the standard possession order for possession of a child
by a parent.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 153, Family Code, is
amended by adding Section 153.3101 to read as follows:
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION
ORDER. In a standard possession order, "school" means the primary
or secondary school in which the child is enrolled or, if the child
is not enrolled in a primary or secondary school, the public school
district in which the child primarily resides.
SECTION 2. Section 153.311, Family Code, is amended to read
as follows:
Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
POSSESSION. The court shall specify in a standard possession 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 standard possession order.
SECTION 3. Section 153.312, Family Code, is amended to read
as follows:
Sec. 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
(a) If the possessory conservator resides 100 miles or less from
the primary residence of the child, the possessory conservator
shall have the right to possession of the child as follows:
(1) on weekends throughout the year beginning at 6
p.m. on the first, third, and fifth Friday of each month and ending
at 6 p.m. on the following Sunday [except that, at the possessory
conservator's election made before or at the time of the rendition
of the original or modification order, and as specified in the
original or modification order, the weekend periods of possession
specified by this subdivision that occur during the regular school
term shall begin at the time the child's school is regularly
dismissed and end at 6 p.m. on the following Sunday]; and
(2) on Thursdays of each week during the regular
school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
possessory conservator's election made before or at the time of the
rendition of the original or modification order, and as specified
in the original or modification order, beginning at the time the
child's school is regularly dismissed and ending at the time the
child's school resumes], unless the court finds that visitation
under this subdivision is not in the best interest of the child.
(b) The following provisions govern possession of the child
for vacations and certain specific holidays and supersede
conflicting weekend or Thursday periods of possession. The
possessory conservator and the managing conservator shall have
rights of possession of the child as follows:
(1) the possessory conservator shall have possession
in even-numbered years, beginning at 6 p.m. on the day the child is
dismissed from school for the school's spring vacation and ending
at 6 p.m. on the day before school resumes after that vacation, and
the managing conservator shall have possession for the same period
in odd-numbered years;
(2) if a possessory conservator:
(A) gives the managing conservator written
notice by April 1 of each year specifying an extended period or
periods of summer possession, the possessory conservator shall have
possession of the child for 30 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day; or
(B) does not give the managing conservator
written notice by April 1 of each year specifying an extended period
or periods of summer possession, the possessory conservator shall
have possession of the child for 30 consecutive days beginning at 6
p.m. on July 1 and ending at 6 p.m. on July 31;
(3) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator shall have possession of the child on any one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following
Sunday during one period of possession by the possessory
conservator under Subdivision (2), provided that the managing
conservator picks up the child from the possessory conservator and
returns the child to that same place; and
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year or gives the
possessory conservator 14 days' written notice on or after April 16
of each year, the managing conservator may designate one weekend
beginning not earlier than the day after the child's school is
dismissed for the summer vacation and ending not later than seven
days before school resumes at the end of the summer vacation, during
which an otherwise scheduled weekend period of possession by the
possessory conservator will not take place, provided that the
weekend designated does not interfere with the possessory
conservator's period or periods of extended summer possession or
with Father's Day if the possessory conservator is the father of the
child.
SECTION 4. Section 153.313, Family Code, is amended to read
as follows:
Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
the possessory conservator resides more than 100 miles from the
residence of the child, the possessory conservator shall have the
right to possession of the child as follows:
(1) either regular weekend possession beginning on the
first, third, and fifth Friday as provided under the terms
applicable to parents who reside 100 miles or less apart or not more
than one weekend per month of the possessory conservator's choice
beginning at 6 p.m. on the day school recesses for the weekend and
ending at 6 p.m. on the day before school resumes after the weekend,
provided that the possessory conservator gives the managing
conservator 14 days' written or telephonic notice preceding a
designated weekend, and provided that the possessory conservator
elects an option for this alternative period of possession by
written notice given to the managing conservator within 90 days
after the parties begin to reside more than 100 miles apart, as
applicable;
(2) each year beginning at 6 p.m. on the day the child
is dismissed from school for the school's spring vacation and
ending at 6 p.m. on the day before school resumes after that
vacation;
(3) if the possessory conservator:
(A) gives the managing conservator written
notice by April 1 of each year specifying an extended period or
periods of summer possession, the possessory conservator shall have
possession of the child for 42 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day; or
(B) does not give the managing conservator
written notice by April 1 of each year specifying an extended period
or periods of summer possession, the possessory conservator shall
have possession of the child for 42 consecutive days beginning at 6
p.m. on June 15 and ending at 6 p.m. on July 27;
(4) if the managing conservator gives the possessory
conservator written notice by April 15 of each year the managing
conservator shall have possession of the child on one weekend
beginning Friday at 6 p.m. and ending at 6 p.m. on the following
Sunday during one period of possession by the possessory
conservator under Subdivision (3), provided that if a period of
possession by the possessory conservator exceeds 30 days, the
managing conservator may have possession of the child under the
terms of this subdivision on two nonconsecutive weekends during
that time period, and further provided that the managing
conservator picks up the child from the possessory conservator and
returns the child to that same place; and
(5) if the managing conservator gives the possessory
conservator written notice by April 15 of each year, the managing
conservator may designate 21 days beginning not earlier than the
day after the child's school is dismissed for the summer vacation
and ending not later than seven days before school resumes at the
end of the summer vacation, to be exercised in not more than two
separate periods of at least seven consecutive days each, with each
period of possession beginning and ending at 6 p.m. on each
applicable day, during which the possessory conservator may not
have possession of the child, provided that the period or periods so
designated do not interfere with the possessory conservator's
period or periods of extended summer possession or with Father's
Day if the possessory conservator is the father of the child.
SECTION 5. Section 153.314, Family Code, is amended to read
as follows:
Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
PARENTS RESIDE APART. The following provisions govern possession
of the child for certain specific holidays and supersede
conflicting weekend or Thursday periods of possession without
regard to the distance the parents reside apart. The possessory
conservator and the managing conservator shall have rights of
possession of the child as follows:
(1) the possessory conservator shall have possession
of the child in even-numbered years beginning at 6 p.m. on the day
the child is dismissed from school for the Christmas school
vacation and ending at noon on December 28, and the managing
conservator shall have possession for the same period in
odd-numbered years;
(2) the possessory conservator shall have possession
of the child in odd-numbered years beginning at noon on December 28
and ending at 6 p.m. on the day before school resumes after that
vacation, and the managing conservator shall have possession for
the same period in even-numbered years;
(3) the possessory conservator shall have possession
of the child in odd-numbered years, beginning at 6 p.m. on the day
the child is dismissed from school before Thanksgiving and ending
at 6 p.m. on the following Sunday, and the managing conservator
shall have possession for the same period in even-numbered years;
(4) the parent not otherwise entitled under this
standard possession 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;
(5) if a conservator, 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 standard possession 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
(6) if a conservator, 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 standard possession 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 6. Section 153.315, Family Code, is amended to read
as follows:
Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY.
(a) If a weekend period of possession of the possessory
conservator coincides with a student [school] holiday or teacher
in-service day that falls on a Monday during the regular school
term, as determined by the school in which the child is enrolled, or
with a federal, state, or local holiday that falls on a Monday
during the summer months in which school is not in session, the
weekend possession shall end at 6 p.m. on [a] Monday [holiday or
school holiday or shall begin at 6 p.m. Thursday for a Friday
holiday or school holiday, as applicable].
(b) If a weekend period of possession of the possessory
conservator coincides with a student holiday or teacher in-service
day that falls on a Friday during the regular school term, as
determined by the school in which the child is enrolled, or with a
federal, state, or local holiday that falls on a Friday during the
summer months in which school is not in session, the weekend
possession shall begin at 6 p.m. on Thursday [At the possessory
conservator's election, made before or at the time of the rendition
of the original or modification order, and as specified in the
original or modification order, periods of possession extended by a
holiday may begin at the time the child's school is regularly
dismissed].
SECTION 7. Section 153.317, Family Code, is amended to read
as follows:
Sec. 153.317. ALTERNATIVE BEGINNING AND ENDING POSSESSION
TIMES. (a) If elected by a conservator, the court shall alter the
standard possession order under Sections 153.312, 153.314, and
153.315 to provide for one or more of the following alternative
beginning and ending possession times for the described periods of
possession, unless the court finds that the election is not in the
best interest of the child:
(1) for weekend periods of possession under Section
153.312(a)(1) during the regular school term:
(A) beginning at the time the child's school is
regularly dismissed; or
(B) ending at the time the child's school resumes
after the weekend;
(2) for Thursday periods of possession under Section
153.312(a)(2):
(A) beginning at the time the child's school is
regularly dismissed; or
(B) ending at the time the child's school resumes
on Friday;
(3) for spring vacation periods of possession under
Section 153.312(b)(1), beginning at the time the child's school is
dismissed for those vacations;
(4) for Christmas school vacation periods of
possession under Section 153.314(1), beginning at the time the
child's school is dismissed for the vacation;
(5) for Thanksgiving holiday periods of possession
under Section 153.314(3), beginning at the time the child's school
is dismissed for the holiday;
(6) for Father's Day periods of possession under
Section 153.314(5), ending at 8 a.m. on the Monday after Father's
Day weekend;
(7) for Mother's Day periods of possession under
Section 153.314(6):
(A) beginning at the time the child's school is
regularly dismissed on the Friday preceding Mother's Day; or
(B) ending at the time the child's school resumes
after Mother's Day; or
(8) for weekend periods of possession that are
extended under Section 153.315(b) by a student holiday or teacher
in-service day that falls on a Friday, beginning at the time the
child's school is regularly dismissed on Thursday.
(b) A conservator must make an election under Subsection (a)
before or at the time of the rendition of a possession order. The
election may be made:
(1) in a written document filed with the court; or
(2) through an oral statement made in open court on the
record [If a child is enrolled in school and the possessory
conservator elects before or at the time of the rendition of the
original or modification order, the standard order must expressly
provide that the possessory conservator's period of possession
shall begin or end, or both, at a different time expressly set in
the standard order under and within the range of alternative times
provided by one or both of the following subdivisions:
[(1) instead of a period of possession by a possessory
conservator beginning at 6 p.m. on the day school recesses, the
period of possession may be set in the standard possession order to
begin at the time the child's school is regularly dismissed or at
any time between the time the child's school is regularly dismissed
and 6 p.m.; and
[(2) except for Thursday evening possession, instead
of a period of possession by a possessory conservator ending at 6
p.m. on the day before school resumes, the period of possession may
be set in the standard order to end at the time school resumes].
SECTION 8. Section 153.137, Family Code, is repealed.
SECTION 9. The changes in law made by this Act apply 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 10. This Act takes effect September 1, 2009.