82R10284 JSC-D
By: Gonzales of Williamson H.B. No. 2379
A BILL TO BE ENTITLED
AN ACT
relating to periods of possession of a child under a standard
possession order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.312(a), Family Code, is amended to
read as follows:
(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 Wednesday [Friday] of each month
and ending 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., unless the
court finds that visitation under this subdivision is not in the
best interest of the child].
SECTION 2. 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:
(A) on weekends throughout the year [regular
weekend possession] 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; [as provided under the terms applicable to parents who
reside 100 miles or less apart] or
(B) 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 3. Section 153.315(b), Family Code, is amended to
read as follows:
(b) If a weekend period of possession of the possessory
conservator under Section 153.313 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.
SECTION 4. Section 153.317(a), Family Code, is amended to
read as follows:
(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) [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;
(3) [(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;
(4) [(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;
(5) [(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;
(6) [(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
(7) [(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.
SECTION 5. The change in law made by this Act applies 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 6. This Act takes effect September 1, 2011.