82R9955 JMM-D
By: Gonzales of Williamson H.B. No. 2531
A BILL TO BE ENTITLED
AN ACT
relating to the terms of a standard possession order in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.312(b), Family Code, is amended to
read as follows:
(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 March 15 [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 March 15 [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 March 31 [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 March 31 [April 15] of each year or
gives the possessory conservator 14 days' written notice on or
after April 1 [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 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 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 March 15 [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 March 15 [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 March 31 [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 March 31 [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. Sections 153.312 and 153.313, Family Code, as
amended by this Act, apply only to a court order providing for the
possession of or access to a child that is 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 4. This Act takes effect September 1, 2011.