Texas 2009 - 81st Regular

Texas House Bill HB1010 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R775 KKA-F
2	2	By: Gonzalez Toureilles H.B. No. 1010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the standard possession order for possession of a child
8	8	by a parent.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter F, Chapter 153, Family Code, is
11	11	amended by adding Section 153.3101 to read as follows:
12	12	Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION
13	13	ORDER. In a standard possession order, "school" means the primary
14	14	or secondary school in which the child is enrolled or, if the child
15	15	is not enrolled in a primary or secondary school, the public school
16	16	district in which the child primarily resides.
17	17	SECTION 2. Section 153.311, Family Code, is amended to read
18	18	as follows:
19	19	Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
20	20	POSSESSION. The court shall specify in a standard possession order
21	21	that the parties may have possession of the child at times mutually
22	22	agreed to in advance by the parties and, in the absence of mutual
23	23	agreement, shall have possession of the child under the specified
24	24	terms set out in the standard possession order.
25	25	SECTION 3. Section 153.312, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
28	28	(a) If the possessory conservator resides 100 miles or less from
29	29	the primary residence of the child, the possessory conservator
30	30	shall have the right to possession of the child as follows:
31	31	(1) on weekends throughout the year beginning at 6
32	32	p.m. on the first, third, and fifth Friday of each month and ending
33	33	at 6 p.m. on the following Sunday [except that, at the possessory
34	34	conservator's election made before or at the time of the rendition
35	35	of the original or modification order, and as specified in the
36	36	original or modification order, the weekend periods of possession
37	37	specified by this subdivision that occur during the regular school
38	38	term shall begin at the time the child's school is regularly
39	39	dismissed and end at 6 p.m. on the following Sunday]; and
40	40	(2) on Thursdays of each week during the regular
41	41	school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
42	42	possessory conservator's election made before or at the time of the
43	43	rendition of the original or modification order, and as specified
44	44	in the original or modification order, beginning at the time the
45	45	child's school is regularly dismissed and ending at the time the
46	46	child's school resumes], unless the court finds that visitation
47	47	under this subdivision is not in the best interest of the child.
48	48	(b) The following provisions govern possession of the child
49	49	for vacations and certain specific holidays and supersede
50	50	conflicting weekend or Thursday periods of possession. The
51	51	possessory conservator and the managing conservator shall have
52	52	rights of possession of the child as follows:
53	53	(1) the possessory conservator shall have possession
54	54	in even-numbered years, beginning at 6 p.m. on the day the child is
55	55	dismissed from school for the school's spring vacation and ending
56	56	at 6 p.m. on the day before school resumes after that vacation, and
57	57	the managing conservator shall have possession for the same period
58	58	in odd-numbered years;
59	59	(2) if a possessory conservator:
60	60	(A) gives the managing conservator written
61	61	notice by April 1 of each year specifying an extended period or
62	62	periods of summer possession, the possessory conservator shall have
63	63	possession of the child for 30 days beginning not earlier than the
64	64	day after the child's school is dismissed for the summer vacation
65	65	and ending not later than seven days before school resumes at the
66	66	end of the summer vacation, to be exercised in not more than two
67	67	separate periods of at least seven consecutive days each, with each
68	68	period of possession beginning and ending at 6 p.m. on each
69	69	applicable day; or
70	70	(B) does not give the managing conservator
71	71	written notice by April 1 of each year specifying an extended period
72	72	or periods of summer possession, the possessory conservator shall
73	73	have possession of the child for 30 consecutive days beginning at 6
74	74	p.m. on July 1 and ending at 6 p.m. on July 31;
75	75	(3) if the managing conservator gives the possessory
76	76	conservator written notice by April 15 of each year, the managing
77	77	conservator shall have possession of the child on any one weekend
78	78	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
79	79	Sunday during one period of possession by the possessory
80	80	conservator under Subdivision (2), provided that the managing
81	81	conservator picks up the child from the possessory conservator and
82	82	returns the child to that same place; and
83	83	(4) if the managing conservator gives the possessory
84	84	conservator written notice by April 15 of each year or gives the
85	85	possessory conservator 14 days' written notice on or after April 16
86	86	of each year, the managing conservator may designate one weekend
87	87	beginning not earlier than the day after the child's school is
88	88	dismissed for the summer vacation and ending not later than seven
89	89	days before school resumes at the end of the summer vacation, during
90	90	which an otherwise scheduled weekend period of possession by the
91	91	possessory conservator will not take place, provided that the
92	92	weekend designated does not interfere with the possessory
93	93	conservator's period or periods of extended summer possession or
94	94	with Father's Day if the possessory conservator is the father of the
95	95	child.
96	96	SECTION 4. Section 153.313, Family Code, is amended to read
97	97	as follows:
98	98	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
99	99	the possessory conservator resides more than 100 miles from the
100	100	residence of the child, the possessory conservator shall have the
101	101	right to possession of the child as follows:
102	102	(1) either regular weekend possession beginning on the
103	103	first, third, and fifth Friday as provided under the terms
104	104	applicable to parents who reside 100 miles or less apart or not more
105	105	than one weekend per month of the possessory conservator's choice
106	106	beginning at 6 p.m. on the day school recesses for the weekend and
107	107	ending at 6 p.m. on the day before school resumes after the weekend,
108	108	provided that the possessory conservator gives the managing
109	109	conservator 14 days' written or telephonic notice preceding a
110	110	designated weekend, and provided that the possessory conservator
111	111	elects an option for this alternative period of possession by
112	112	written notice given to the managing conservator within 90 days
113	113	after the parties begin to reside more than 100 miles apart, as
114	114	applicable;
115	115	(2) each year beginning at 6 p.m. on the day the child
116	116	is dismissed from school for the school's spring vacation and
117	117	ending at 6 p.m. on the day before school resumes after that
118	118	vacation;
119	119	(3) if the possessory conservator:
120	120	(A) gives the managing conservator written
121	121	notice by April 1 of each year specifying an extended period or
122	122	periods of summer possession, the possessory conservator shall have
123	123	possession of the child for 42 days beginning not earlier than the
124	124	day after the child's school is dismissed for the summer vacation
125	125	and ending not later than seven days before school resumes at the
126	126	end of the summer vacation, to be exercised in not more than two
127	127	separate periods of at least seven consecutive days each, with each
128	128	period of possession beginning and ending at 6 p.m. on each
129	129	applicable day; or
130	130	(B) does not give the managing conservator
131	131	written notice by April 1 of each year specifying an extended period
132	132	or periods of summer possession, the possessory conservator shall
133	133	have possession of the child for 42 consecutive days beginning at 6
134	134	p.m. on June 15 and ending at 6 p.m. on July 27;
135	135	(4) if the managing conservator gives the possessory
136	136	conservator written notice by April 15 of each year the managing
137	137	conservator shall have possession of the child on one weekend
138	138	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
139	139	Sunday during one period of possession by the possessory
140	140	conservator under Subdivision (3), provided that if a period of
141	141	possession by the possessory conservator exceeds 30 days, the
142	142	managing conservator may have possession of the child under the
143	143	terms of this subdivision on two nonconsecutive weekends during
144	144	that time period, and further provided that the managing
145	145	conservator picks up the child from the possessory conservator and
146	146	returns the child to that same place; and
147	147	(5) if the managing conservator gives the possessory
148	148	conservator written notice by April 15 of each year, the managing
149	149	conservator may designate 21 days beginning not earlier than the
150	150	day after the child's school is dismissed for the summer vacation
151	151	and ending not later than seven days before school resumes at the
152	152	end of the summer vacation, to be exercised in not more than two
153	153	separate periods of at least seven consecutive days each, with each
154	154	period of possession beginning and ending at 6 p.m. on each
155	155	applicable day, during which the possessory conservator may not
156	156	have possession of the child, provided that the period or periods so
157	157	designated do not interfere with the possessory conservator's
158	158	period or periods of extended summer possession or with Father's
159	159	Day if the possessory conservator is the father of the child.
160	160	SECTION 5. Section 153.314, Family Code, is amended to read
161	161	as follows:
162	162	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
163	163	PARENTS RESIDE APART. The following provisions govern possession
164	164	of the child for certain specific holidays and supersede
165	165	conflicting weekend or Thursday periods of possession without
166	166	regard to the distance the parents reside apart. The possessory
167	167	conservator and the managing conservator shall have rights of
168	168	possession of the child as follows:
169	169	(1) the possessory conservator shall have possession
170	170	of the child in even-numbered years beginning at 6 p.m. on the day
171	171	the child is dismissed from school for the Christmas school
172	172	vacation and ending at noon on December 28, and the managing
173	173	conservator shall have possession for the same period in
174	174	odd-numbered years;
175	175	(2) the possessory conservator shall have possession
176	176	of the child in odd-numbered years beginning at noon on December 28
177	177	and ending at 6 p.m. on the day before school resumes after that
178	178	vacation, and the managing conservator shall have possession for
179	179	the same period in even-numbered years;
180	180	(3) the possessory conservator shall have possession
181	181	of the child in odd-numbered years, beginning at 6 p.m. on the day
182	182	the child is dismissed from school before Thanksgiving and ending
183	183	at 6 p.m. on the following Sunday, and the managing conservator
184	184	shall have possession for the same period in even-numbered years;
185	185	(4) the parent not otherwise entitled under this
186	186	standard possession order to present possession of a child on the
187	187	child's birthday shall have possession of the child beginning at 6
188	188	p.m. and ending at 8 p.m. on that day, provided that the parent
189	189	picks up the child from the residence of the conservator entitled to
190	190	possession and returns the child to that same place;
191	191	(5) if a conservator, the father shall have possession
192	192	of the child beginning at 6 p.m. on the Friday preceding Father's
193	193	Day and ending on Father's Day at 6 p.m., provided that, if he is not
194	194	otherwise entitled under this standard possession order to present
195	195	possession of the child, he picks up the child from the residence of
196	196	the conservator entitled to possession and returns the child to
197	197	that same place; and
198	198	(6) if a conservator, the mother shall have possession
199	199	of the child beginning at 6 p.m. on the Friday preceding Mother's
200	200	Day and ending on Mother's Day at 6 p.m., provided that, if she is
201	201	not otherwise entitled under this standard possession order to
202	202	present possession of the child, she picks up the child from the
203	203	residence of the conservator entitled to possession and returns the
204	204	child to that same place.
205	205	SECTION 6. Section 153.315, Family Code, is amended to read
206	206	as follows:
207	207	Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY.
208	208	(a) If a weekend period of possession of the possessory
209	209	conservator coincides with a student [school] holiday or teacher
210	210	in-service day that falls on a Monday during the regular school
211	211	term, as determined by the school in which the child is enrolled, or
212	212	with a federal, state, or local holiday that falls on a Monday
213	213	during the summer months in which school is not in session, the
214	214	weekend possession shall end at 6 p.m. on [a] Monday [holiday or
215	215	school holiday or shall begin at 6 p.m. Thursday for a Friday
216	216	holiday or school holiday, as applicable].
217	217	(b) If a weekend period of possession of the possessory
218	218	conservator coincides with a student holiday or teacher in-service
219	219	day that falls on a Friday during the regular school term, as
220	220	determined by the school in which the child is enrolled, or with a
221	221	federal, state, or local holiday that falls on a Friday during the
222	222	summer months in which school is not in session, the weekend
223	223	possession shall begin at 6 p.m. on Thursday [At the possessory
224	224	conservator's election, made before or at the time of the rendition
225	225	of the original or modification order, and as specified in the
226	226	original or modification order, periods of possession extended by a
227	227	holiday may begin at the time the child's school is regularly
228	228	dismissed].
229	229	SECTION 7. Section 153.317, Family Code, is amended to read
230	230	as follows:
231	231	Sec. 153.317. ALTERNATIVE BEGINNING AND ENDING POSSESSION
232	232	TIMES. (a) If elected by a conservator, the court shall alter the
233	233	standard possession order under Sections 153.312, 153.314, and
234	234	153.315 to provide for one or more of the following alternative
235	235	beginning and ending possession times for the described periods of
236	236	possession, unless the court finds that the election is not in the
237	237	best interest of the child:
238	238	(1) for weekend periods of possession under Section
239	239	153.312(a)(1) during the regular school term:
240	240	(A) beginning at the time the child's school is
241	241	regularly dismissed; or
242	242	(B) ending at the time the child's school resumes
243	243	after the weekend;
244	244	(2) for Thursday periods of possession under Section
245	245	153.312(a)(2):
246	246	(A) beginning at the time the child's school is
247	247	regularly dismissed; or
248	248	(B) ending at the time the child's school resumes
249	249	on Friday;
250	250	(3) for spring vacation periods of possession under
251	251	Section 153.312(b)(1), beginning at the time the child's school is
252	252	dismissed for those vacations;
253	253	(4) for Christmas school vacation periods of
254	254	possession under Section 153.314(1), beginning at the time the
255	255	child's school is dismissed for the vacation;
256	256	(5) for Thanksgiving holiday periods of possession
257	257	under Section 153.314(3), beginning at the time the child's school
258	258	is dismissed for the holiday;
259	259	(6) for Father's Day periods of possession under
260	260	Section 153.314(5), ending at 8 a.m. on the Monday after Father's
261	261	Day weekend;
262	262	(7) for Mother's Day periods of possession under
263	263	Section 153.314(6):
264	264	(A) beginning at the time the child's school is
265	265	regularly dismissed on the Friday preceding Mother's Day; or
266	266	(B) ending at the time the child's school resumes
267	267	after Mother's Day; or
268	268	(8) for weekend periods of possession that are
269	269	extended under Section 153.315(b) by a student holiday or teacher
270	270	in-service day that falls on a Friday, beginning at the time the
271	271	child's school is regularly dismissed on Thursday.
272	272	(b) A conservator must make an election under Subsection (a)
273	273	before or at the time of the rendition of a possession order. The
274	274	election may be made:
275	275	(1) in a written document filed with the court; or
276	276	(2) through an oral statement made in open court on the
277	277	record [If a child is enrolled in school and the possessory
278	278	conservator elects before or at the time of the rendition of the
279	279	original or modification order, the standard order must expressly
280	280	provide that the possessory conservator's period of possession
281	281	shall begin or end, or both, at a different time expressly set in
282	282	the standard order under and within the range of alternative times
283	283	provided by one or both of the following subdivisions:
284	284	[(1) instead of a period of possession by a possessory
285	285	conservator beginning at 6 p.m. on the day school recesses, the
286	286	period of possession may be set in the standard possession order to
287	287	begin at the time the child's school is regularly dismissed or at
288	288	any time between the time the child's school is regularly dismissed
289	289	and 6 p.m.; and
290	290	[(2) except for Thursday evening possession, instead
291	291	of a period of possession by a possessory conservator ending at 6
292	292	p.m. on the day before school resumes, the period of possession may
293	293	be set in the standard order to end at the time school resumes].
294	294	SECTION 8. Section 153.137, Family Code, is repealed.
295	295	SECTION 9. The changes in law made by this Act apply only to
296	296	a court order providing for possession of or access to a child
297	297	rendered on or after the effective date of this Act. A court order
298	298	rendered before the effective date of this Act is governed by the
299	299	law in effect on the date the order was rendered, and the former law
300	300	is continued in effect for that purpose.
301	301	SECTION 10. This Act takes effect September 1, 2009.