Texas 2015 - 84th Regular

Texas House Bill HB2363 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23044 JSC-D
2	2	By: Peña, et al. H.B. No. 2363
3	3	Substitute the following for H.B. No. 2363:
4	4	By: Dutton C.S.H.B. No. 2363
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to equal parenting orders in suits affecting the
10	10	parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 153.001(a), Family Code, is amended to
13	13	read as follows:
14	14	(a) The public policy of this state is to:
15	15	(1) assure that children will have frequent and
16	16	continuing contact with parents who have shown the ability to act in
17	17	the best interest of the child;
18	18	(2) provide a safe, stable, and nonviolent environment
19	19	for the child; and
20	20	(3) encourage parents to share equally in the rights
21	21	and duties of raising their child after the parents have separated
22	22	or dissolved their marriage.
23	23	SECTION 2. Section 153.134, Family Code, is amended by
24	24	adding Subsection (c) to read as follows:
25	25	(c) If the court renders an order appointing the parents
26	26	joint managing conservators under this section, the court shall
27	27	enter a possession order under Subchapter F-1 that provides for
28	28	equal parenting, unless the court determines that order is not in
29	29	the best interest of the child, in which case the court may enter:
30	30	(1) a standard possession order as provided by
31	31	Subchapter F; or
32	32	(2) another order regarding possession that the court
33	33	determines is in the best interest of the child.
34	34	SECTION 3. Chapter 153, Family Code, is amended by adding
35	35	Subchapter F-1 to read as follows:
36	36	SUBCHAPTER F-1. EQUAL PARENTING ORDER
37	37	Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER.
38	38	Notwithstanding any other provision of this chapter, a court shall,
39	39	as an alternative to the standard possession order under Subchapter
40	40	F, enter an order providing for periods of possession of a child in
41	41	accordance with this subchapter if the court:
42	42	(1) appoints the parents joint managing conservators
43	43	under Section 153.134; and
44	44	(2) determines that:
45	45	(A) the order would be in the best interest of the
46	46	child; and
47	47	(B) the distance between the residences of the
48	48	parents makes compliance with an equal parenting order reasonable
49	49	for the parents and the child.
50	50	Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING
51	51	ORDER. (a) Subject to Subsection (b), a court may enter an order
52	52	under this subchapter that provides that each parent has the right
53	53	to possession of the child under one of the following arrangements:
54	54	(1) an arrangement under which each parent has
55	55	possession of the child for one week at a time, alternating weeks of
56	56	possession with the other parent, with no modification based on
57	57	holidays that occur during each week, but subject to modification
58	58	based on agreement by each parent;
59	59	(2) an arrangement under which each parent has
60	60	possession of the child for two weeks at a time, alternating
61	61	two-week periods of possession with the other parent, with one
62	62	weeknight of possession exercised during each week of the period by
63	63	the parent not otherwise in possession during that period, and
64	64	subject to modification based on agreement by each parent;
65	65	(3) an arrangement under which each parent has
66	66	possession of the child for four weeks at a time, alternating
67	67	four-week periods of possession with the other parent, with one
68	68	weeknight of possession exercised during each week of the period by
69	69	the parent not otherwise in possession during that period, and
70	70	subject to modification based on agreement by each parent; or
71	71	(4) an arrangement under which each parent has
72	72	possession of the child under a schedule specified by the court,
73	73	provided that:
74	74	(A) the schedule may not grant possession to a
75	75	parent for a number of days each year that exceeds the number of
76	76	days of possession granted to the other parent for that year by more
77	77	than five days; and
78	78	(B) the schedule must alternate on a yearly basis
79	79	the parent who is granted possession for a number of days for the
80	80	year that exceeds the number of days granted to the other parent.
81	81	(b) A court shall provide parents with the opportunity to
82	82	select by agreement one of the arrangements described by Subsection
83	83	(a)(1), (2), or (3), subject to the court's determination that the
84	84	selected arrangement is in the best interest of the child. If the
85	85	parents do not agree, the court may order any arrangement described
86	86	by Subsection (a).
87	87	SECTION 4. The enactment of this Act does not constitute a
88	88	material and substantial change of circumstances sufficient to
89	89	warrant modification of a court order or portion of a decree that
90	90	provides for the possession of or access to a child rendered before
91	91	the effective date of this Act.
92	92	SECTION 5. The change in law made by this Act applies to a
93	93	suit affecting the parent-child relationship that is pending in a
94	94	trial court on the effective date of this Act or that is filed on or
95	95	after the effective date of this Act.
96	96	SECTION 6. This Act takes effect September 1, 2015.