Texas 2009 - 81st Regular

Texas House Bill HB947 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R677 JSC-D
2	2	By: Dutton H.B. No. 947
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the periods of possession of a child to which the
8	8	child's managing conservator is entitled under a standard
9	9	possession order.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 153.312(b), Family Code, is amended to
12	12	read as follows:
13	13	(b) The following provisions govern possession of the child
14	14	for vacations and certain specific holidays and supersede
15	15	conflicting weekend or Thursday periods of possession. The
16	16	possessory conservator and the managing conservator shall have
17	17	rights of possession of the child as follows:
18	18	(1) the possessory conservator shall have possession
19	19	in even-numbered years, beginning at 6 p.m. on the day the child is
20	20	dismissed from school for the school's spring vacation and ending
21	21	at 6 p.m. on the day before school resumes after that vacation, and
22	22	the managing conservator shall have possession for the same period
23	23	in odd-numbered years;
24	24	(2) if a possessory conservator:
25	25	(A) gives the managing conservator written
26	26	notice by April 1 of each year specifying an extended period or
27	27	periods of summer possession, the possessory conservator shall have
28	28	possession of the child for 30 days beginning not earlier than the
29	29	day after the child's school is dismissed for the summer vacation
30	30	and ending not later than seven days before school resumes at the
31	31	end of the summer vacation, to be exercised in not more than two
32	32	separate periods of at least seven consecutive days each; or
33	33	(B) does not give the managing conservator
34	34	written notice by April 1 of each year specifying an extended period
35	35	or periods of summer possession, the possessory conservator shall
36	36	have possession of the child for 30 consecutive days beginning at 6
37	37	p.m. on July 1 and ending at 6 p.m. on July 31;
38	38	(3) if, after receiving notice under Subdivision
39	39	(2)(A), the managing conservator gives the possessory conservator
40	40	written notice by April 15 of each year, the managing conservator
41	41	shall have possession of the child on any one weekend beginning
42	42	Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during
43	43	one period of possession by the possessory conservator under
44	44	Subdivision (2)(A), provided that the managing conservator picks up
45	45	the child from the possessory conservator and returns the child to
46	46	that same place; and
47	47	(4) if the managing conservator gives the possessory
48	48	conservator written notice by April 15 of each year or gives the
49	49	possessory conservator 14 days' written notice on or after April 16
50	50	of each year, the managing conservator may designate one weekend
51	51	beginning not earlier than the day after the child's school is
52	52	dismissed for the summer vacation and ending not later than seven
53	53	days before school resumes at the end of the summer vacation, during
54	54	which an otherwise scheduled weekend period of possession by the
55	55	possessory conservator will not take place, provided that the
56	56	weekend designated does not interfere with the possessory
57	57	conservator's period or periods of extended summer possession or
58	58	with Father's Day if the possessory conservator is the father of the
59	59	child.
60	60	SECTION 2. The change in law made by this Act to Section
61	61	153.312, Family Code, applies only to a court order providing for
62	62	possession of or access to a child rendered on or after the
63	63	effective date of this Act. A court order rendered before the
64	64	effective date of this Act is governed by the law in effect on the
65	65	date the order was rendered, and the former law is continued in
66	66	effect for that purpose.
67	67	SECTION 3. This Act takes effect immediately if it receives
68	68	a vote of two-thirds of all the members elected to each house, as
69	69	provided by Section 39, Article III, Texas Constitution. If this
70	70	Act does not receive the vote necessary for immediate effect, this
71	71	Act takes effect September 1, 2009.