Texas 2009 - 81st Regular

Texas House Bill HB1012 Compare Versions

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1	1	81R5715 JSC-D
2	2	By: Gonzalez Toureilles H.B. No. 1012
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the conservatorship or possession of, or access to, a
8	8	child in a suit affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 102.0045(b), Family Code, is amended to
11	11	read as follows:
12	12	(b) Access to a child by a sibling of the child is governed
13	13	by the standards established by Section 153.551 [Subchapter J,
14	14	Chapter 153].
15	15	SECTION 2. Section 153.133, Family Code, is amended by
16	16	adding Subsection (c) to read as follows:
17	17	(c) Notwithstanding Subsection (a)(1), the court shall
18	18	render an order adopting the provisions of a written agreed
19	19	parenting plan appointing the parents as joint managing
20	20	conservators if the parenting plan:
21	21	(1) meets all the requirements of Subsections (a)(2)
22	22	through (6); and
23	23	(2) provides that the child's primary residence shall
24	24	be within a specified geographic area.
25	25	SECTION 3. Subchapter F, Chapter 153, Family Code, is
26	26	amended by adding Section 153.3101 to read as follows:
27	27	Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION
28	28	ORDER. In a standard possession order, "school" means the primary
29	29	or secondary school in which the child is enrolled or, if the child
30	30	is not enrolled in a primary or secondary school, the public school
31	31	district in which the child primarily resides.
32	32	SECTION 4. Section 153.311, Family Code, is amended to read
33	33	as follows:
34	34	Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
35	35	POSSESSION. The court shall specify in a standard possession order
36	36	that the parties may have possession of the child at times mutually
37	37	agreed to in advance by the parties and, in the absence of mutual
38	38	agreement, shall have possession of the child under the specified
39	39	terms set out in the standard possession order.
40	40	SECTION 5. Section 153.312, Family Code, is amended to read
41	41	as follows:
42	42	Sec. 153.312. PARENTS WHO RESIDE 100 MILES OR LESS APART.
43	43	(a) If the possessory conservator resides 100 miles or less from
44	44	the primary residence of the child, the possessory conservator
45	45	shall have the right to possession of the child as follows:
46	46	(1) on weekends throughout the year beginning at 6
47	47	p.m. on the first, third, and fifth Friday of each month and ending
48	48	at 6 p.m. on the following Sunday [except that, at the possessory
49	49	conservator's election made before or at the time of the rendition
50	50	of the original or modification order, and as specified in the
51	51	original or modification order, the weekend periods of possession
52	52	specified by this subdivision that occur during the regular school
53	53	term shall begin at the time the child's school is regularly
54	54	dismissed and end at 6 p.m. on the following Sunday]; and
55	55	(2) on Thursdays of each week during the regular
56	56	school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
57	57	possessory conservator's election made before or at the time of the
58	58	rendition of the original or modification order, and as specified
59	59	in the original or modification order, beginning at the time the
60	60	child's school is regularly dismissed and ending at the time the
61	61	child's school resumes], unless the court finds that visitation
62	62	under this subdivision is not in the best interest of the child.
63	63	(b) The following provisions govern possession of the child
64	64	for vacations and certain specific holidays and supersede
65	65	conflicting weekend or Thursday periods of possession. The
66	66	possessory conservator and the managing conservator shall have
67	67	rights of possession of the child as follows:
68	68	(1) the possessory conservator shall have possession
69	69	in even-numbered years, beginning at 6 p.m. on the day the child is
70	70	dismissed from school for the school's spring vacation and ending
71	71	at 6 p.m. on the day before school resumes after that vacation, and
72	72	the managing conservator shall have possession for the same period
73	73	in odd-numbered years;
74	74	(2) if a possessory conservator:
75	75	(A) gives the managing conservator written
76	76	notice by April 1 of each year specifying an extended period or
77	77	periods of summer possession, the possessory conservator shall have
78	78	possession of the child for 30 days beginning not earlier than the
79	79	day after the child's school is dismissed for the summer vacation
80	80	and ending not later than seven days before school resumes at the
81	81	end of the summer vacation, to be exercised in not more than two
82	82	separate periods of at least seven consecutive days each, with each
83	83	period of possession beginning and ending at 6 p.m. on each
84	84	applicable day; or
85	85	(B) does not give the managing conservator
86	86	written notice by April 1 of each year specifying an extended period
87	87	or periods of summer possession, the possessory conservator shall
88	88	have possession of the child for 30 consecutive days beginning at 6
89	89	p.m. on July 1 and ending at 6 p.m. on July 31;
90	90	(3) if the managing conservator gives the possessory
91	91	conservator written notice by April 15 of each year, the managing
92	92	conservator shall have possession of the child on any one weekend
93	93	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
94	94	Sunday during one period of possession by the possessory
95	95	conservator under Subdivision (2), provided that the managing
96	96	conservator picks up the child from the possessory conservator and
97	97	returns the child to that same place; and
98	98	(4) if the managing conservator gives the possessory
99	99	conservator written notice by April 15 of each year or gives the
100	100	possessory conservator 14 days' written notice on or after April 16
101	101	of each year, the managing conservator may designate one weekend
102	102	beginning not earlier than the day after the child's school is
103	103	dismissed for the summer vacation and ending not later than seven
104	104	days before school resumes at the end of the summer vacation, during
105	105	which an otherwise scheduled weekend period of possession by the
106	106	possessory conservator will not take place, provided that the
107	107	weekend designated does not interfere with the possessory
108	108	conservator's period or periods of extended summer possession or
109	109	with Father's Day if the possessory conservator is the father of the
110	110	child.
111	111	SECTION 6. Section 153.313, Family Code, is amended to read
112	112	as follows:
113	113	Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
114	114	the possessory conservator resides more than 100 miles from the
115	115	residence of the child, the possessory conservator shall have the
116	116	right to possession of the child as follows:
117	117	(1) either regular weekend possession beginning on the
118	118	first, third, and fifth Friday as provided under the terms
119	119	applicable to parents who reside 100 miles or less apart or not more
120	120	than one weekend per month of the possessory conservator's choice
121	121	beginning at 6 p.m. on the day school recesses for the weekend and
122	122	ending at 6 p.m. on the day before school resumes after the weekend,
123	123	provided that the possessory conservator gives the managing
124	124	conservator 14 days' written or telephonic notice preceding a
125	125	designated weekend, and provided that the possessory conservator
126	126	elects an option for this alternative period of possession by
127	127	written notice given to the managing conservator within 90 days
128	128	after the parties begin to reside more than 100 miles apart, as
129	129	applicable;
130	130	(2) each year beginning at 6 p.m. on the day the child
131	131	is dismissed from school for the school's spring vacation and
132	132	ending at 6 p.m. on the day before school resumes after that
133	133	vacation;
134	134	(3) if the possessory conservator:
135	135	(A) gives the managing conservator written
136	136	notice by April 1 of each year specifying an extended period or
137	137	periods of summer possession, the possessory conservator shall have
138	138	possession of the child for 42 days beginning not earlier than the
139	139	day after the child's school is dismissed for the summer vacation
140	140	and ending not later than seven days before school resumes at the
141	141	end of the summer vacation, to be exercised in not more than two
142	142	separate periods of at least seven consecutive days each, with each
143	143	period of possession beginning and ending at 6 p.m. on each
144	144	applicable day; or
145	145	(B) does not give the managing conservator
146	146	written notice by April 1 of each year specifying an extended period
147	147	or periods of summer possession, the possessory conservator shall
148	148	have possession of the child for 42 consecutive days beginning at 6
149	149	p.m. on June 15 and ending at 6 p.m. on July 27;
150	150	(4) if the managing conservator gives the possessory
151	151	conservator written notice by April 15 of each year the managing
152	152	conservator shall have possession of the child on one weekend
153	153	beginning Friday at 6 p.m. and ending at 6 p.m. on the following
154	154	Sunday during one period of possession by the possessory
155	155	conservator under Subdivision (3), provided that if a period of
156	156	possession by the possessory conservator exceeds 30 days, the
157	157	managing conservator may have possession of the child under the
158	158	terms of this subdivision on two nonconsecutive weekends during
159	159	that time period, and further provided that the managing
160	160	conservator picks up the child from the possessory conservator and
161	161	returns the child to that same place; and
162	162	(5) if the managing conservator gives the possessory
163	163	conservator written notice by April 15 of each year, the managing
164	164	conservator may designate 21 days beginning not earlier than the
165	165	day after the child's school is dismissed for the summer vacation
166	166	and ending not later than seven days before school resumes at the
167	167	end of the summer vacation, to be exercised in not more than two
168	168	separate periods of at least seven consecutive days each, with each
169	169	period of possession beginning and ending at 6 p.m. on each
170	170	applicable day, during which the possessory conservator may not
171	171	have possession of the child, provided that the period or periods so
172	172	designated do not interfere with the possessory conservator's
173	173	period or periods of extended summer possession or with Father's
174	174	Day if the possessory conservator is the father of the child.
175	175	SECTION 7. Section 153.314, Family Code, is amended to read
176	176	as follows:
177	177	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
178	178	PARENTS RESIDE APART. The following provisions govern possession
179	179	of the child for certain specific holidays and supersede
180	180	conflicting weekend or Thursday periods of possession without
181	181	regard to the distance the parents reside apart. The possessory
182	182	conservator and the managing conservator shall have rights of
183	183	possession of the child as follows:
184	184	(1) the possessory conservator shall have possession
185	185	of the child in even-numbered years beginning at 6 p.m. on the day
186	186	the child is dismissed from school for the Christmas school
187	187	vacation and ending at noon on December 28, and the managing
188	188	conservator shall have possession for the same period in
189	189	odd-numbered years;
190	190	(2) the possessory conservator shall have possession
191	191	of the child in odd-numbered years beginning at noon on December 28
192	192	and ending at 6 p.m. on the day before school resumes after that
193	193	vacation, and the managing conservator shall have possession for
194	194	the same period in even-numbered years;
195	195	(3) the possessory conservator shall have possession
196	196	of the child in odd-numbered years, beginning at 6 p.m. on the day
197	197	the child is dismissed from school before Thanksgiving and ending
198	198	at 6 p.m. on the following Sunday, and the managing conservator
199	199	shall have possession for the same period in even-numbered years;
200	200	(4) the parent not otherwise entitled under this
201	201	standard possession order to present possession of a child on the
202	202	child's birthday shall have possession of the child beginning at 6
203	203	p.m. and ending at 8 p.m. on that day, provided that the parent
204	204	picks up the child from the residence of the conservator entitled to
205	205	possession and returns the child to that same place;
206	206	(5) if a conservator, the father shall have possession
207	207	of the child beginning at 6 p.m. on the Friday preceding Father's
208	208	Day and ending on Father's Day at 6 p.m., provided that, if he is not
209	209	otherwise entitled under this standard possession order to present
210	210	possession of the child, he picks up the child from the residence of
211	211	the conservator entitled to possession and returns the child to
212	212	that same place; and
213	213	(6) if a conservator, the mother shall have possession
214	214	of the child beginning at 6 p.m. on the Friday preceding Mother's
215	215	Day and ending on Mother's Day at 6 p.m., provided that, if she is
216	216	not otherwise entitled under this standard possession order to
217	217	present possession of the child, she picks up the child from the
218	218	residence of the conservator entitled to possession and returns the
219	219	child to that same place.
220	220	SECTION 8. Section 153.315, Family Code, is amended to read
221	221	as follows:
222	222	Sec. 153.315. WEEKEND POSSESSION EXTENDED BY HOLIDAY.
223	223	(a) If a weekend period of possession of the possessory
224	224	conservator coincides with a student [school] holiday or teacher
225	225	in-service day that falls on a Monday during the regular school
226	226	term, as determined by the school in which the child is enrolled, or
227	227	with a federal, state, or local holiday that falls on a Monday
228	228	during the summer months in which school is not in session, the
229	229	weekend possession shall end at 6 p.m. on [a] Monday [holiday or
230	230	school holiday or shall begin at 6 p.m. Thursday for a Friday
231	231	holiday or school holiday, as applicable].
232	232	(b) If a weekend period of possession of the possessory
233	233	conservator coincides with a student holiday or teacher in-service
234	234	day that falls on a Friday during the regular school term, as
235	235	determined by the school in which the child is enrolled, or with a
236	236	federal, state, or local holiday that falls on a Friday during the
237	237	summer months in which school is not in session, the weekend
238	238	possession shall begin at 6 p.m. on Thursday [At the possessory
239	239	conservator's election, made before or at the time of the rendition
240	240	of the original or modification order, and as specified in the
241	241	original or modification order, periods of possession extended by a
242	242	holiday may begin at the time the child's school is regularly
243	243	dismissed].
244	244	SECTION 9. Section 153.317, Family Code, is amended to read
245	245	as follows:
246	246	Sec. 153.317. ALTERNATIVE BEGINNING AND ENDING POSSESSION
247	247	TIMES. (a) If elected by a conservator, the court shall alter the
248	248	standard possession order under Sections 153.312, 153.314, and
249	249	153.315 to provide for one or more of the following alternative
250	250	beginning and ending possession times for the described periods of
251	251	possession, unless the court finds that the election is not in the
252	252	best interest of the child:
253	253	(1) for weekend periods of possession under Section
254	254	153.312(a)(1) during the regular school term:
255	255	(A) beginning at the time the child's school is
256	256	regularly dismissed; or
257	257	(B) ending at the time the child's school resumes
258	258	after the weekend;
259	259	(2) for Thursday periods of possession under Section
260	260	153.312(a)(2):
261	261	(A) beginning at the time the child's school is
262	262	regularly dismissed; or
263	263	(B) ending at the time the child's school resumes
264	264	on Friday;
265	265	(3) for spring vacation periods of possession under
266	266	Section 153.312(b)(1), beginning at the time the child's school is
267	267	dismissed for those vacations;
268	268	(4) for Christmas school vacation periods of
269	269	possession under Section 153.314(1), beginning at the time the
270	270	child's school is dismissed for the vacation;
271	271	(5) for Thanksgiving holiday periods of possession
272	272	under Section 153.314(3), beginning at the time the child's school
273	273	is dismissed for the holiday;
274	274	(6) for Father's Day periods of possession under
275	275	Section 153.314(5), ending at 8 a.m. on the Monday after Father's
276	276	Day weekend;
277	277	(7) for Mother's Day periods of possession under
278	278	Section 153.314(6):
279	279	(A) beginning at the time the child's school is
280	280	regularly dismissed on the Friday preceding Mother's Day; or
281	281	(B) ending at the time the child's school resumes
282	282	after Mother's Day; or
283	283	(8) for weekend periods of possession that are
284	284	extended under Section 153.315(b) by a student holiday or teacher
285	285	in-service day that falls on a Friday, beginning at the time the
286	286	child's school is regularly dismissed on Thursday.
287	287	(b) A conservator must make an election under Subsection (a)
288	288	before or at the time of the rendition of a possession order. The
289	289	election may be made:
290	290	(1) in a written document filed with the court; or
291	291	(2) through an oral statement made in open court on the
292	292	record. [If a child is enrolled in school and the possessory
293	293	conservator elects before or at the time of the rendition of the
294	294	original or modification order, the standard order must expressly
295	295	provide that the possessory conservator's period of possession
296	296	shall begin or end, or both, at a different time expressly set in
297	297	the standard order under and within the range of alternative times
298	298	provided by one or both of the following subdivisions:
299	299	[(1) instead of a period of possession by a possessory
300	300	conservator beginning at 6 p.m. on the day school recesses, the
301	301	period of possession may be set in the standard possession order to
302	302	begin at the time the child's school is regularly dismissed or at
303	303	any time between the time the child's school is regularly dismissed
304	304	and 6 p.m.; and
305	305	[(2) except for Thursday evening possession, instead
306	306	of a period of possession by a possessory conservator ending at 6
307	307	p.m. on the day before school resumes, the period of possession may
308	308	be set in the standard order to end at the time school resumes.]
309	309	SECTION 10. Section 153.551, Family Code, is amended by
310	310	amending Subsection (b) and adding Subsection (c) to read as
311	311	follows:
312	312	(b) A [The] sibling described by Subsection (a) [of a child]
313	313	may request access to the child in a suit filed for the sole purpose
314	314	of requesting the relief, without regard to whether the appointment
315	315	of a managing conservator is an issue in the suit.
316	316	(c) The court shall order reasonable access to the child by
317	317	the child's sibling described by Subsection (a) if the court finds
318	318	that access is in the best interest of the child.
319	319	SECTION 11. Section 156.002, Family Code, is amended by
320	320	adding Subsection (c) to read as follows:
321	321	(c) The sibling of a child who is separated from the child
322	322	because of the actions of the Department of Family and Protective
323	323	Services may file a suit for modification requesting access to the
324	324	child in the court with continuing, exclusive jurisdiction.
325	325	SECTION 12. Sections 153.137 and 153.552, Family Code, are
326	326	repealed.
327	327	SECTION 13. (a) Sections 102.0045, 153.551, and 156.002,
328	328	Family Code, as amended by this Act, apply only to a suit affecting
329	329	the parent-child relationship pending in a trial court on or filed
330	330	on or after the effective date of this Act.
331	331	(b) Sections 153.311, 153.312, 153.313, 153.314, 153.315,
332	332	and 153.317, Family Code, as amended by this Act, and Section
333	333	153.3101, Family Code, as added by this Act, apply only to a court
334	334	order providing for possession of or access to a child rendered on
335	335	or after the effective date of this Act. A court order rendered
336	336	before the effective date of this Act is governed by the law in
337	337	effect on the date the order was rendered, and the former law is
338	338	continued in effect for that purpose.
339	339	SECTION 14. This Act takes effect September 1, 2009.