Texas 2017 - 85th Regular

Texas House Bill HB1491 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2131 KJE-F
2	2	By: Thompson of Harris H.B. No. 1491
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession of a child on the child's birthday under
8	8	a standard possession order in a suit affecting the parent-child
9	9	relationship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 153.314, Family Code, is amended to read
12	12	as follows:
13	13	Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
14	14	PARENTS RESIDE APART. The following provisions govern possession
15	15	of the child for certain specific holidays and supersede
16	16	conflicting weekend or Thursday periods of possession without
17	17	regard to the distance the parents reside apart. The possessory
18	18	conservator and the managing conservator shall have rights of
19	19	possession of the child as follows:
20	20	(1) the possessory conservator shall have possession
21	21	of the child in even-numbered years beginning at 6 p.m. on the day
22	22	the child is dismissed from school for the Christmas school
23	23	vacation and ending at noon on December 28, and the managing
24	24	conservator shall have possession for the same period in
25	25	odd-numbered years;
26	26	(2) the possessory conservator shall have possession
27	27	of the child in odd-numbered years beginning at noon on December 28
28	28	and ending at 6 p.m. on the day before school resumes after that
29	29	vacation, and the managing conservator shall have possession for
30	30	the same period in even-numbered years;
31	31	(3) the possessory conservator shall have possession
32	32	of the child in odd-numbered years, beginning at 6 p.m. on the day
33	33	the child is dismissed from school before Thanksgiving and ending
34	34	at 6 p.m. on the following Sunday, and the managing conservator
35	35	shall have possession for the same period in even-numbered years;
36	36	(4) if a [the] parent is not otherwise entitled under
37	37	this standard possession order to any period of [present]
38	38	possession of a child on the child's birthday, that parent shall
39	39	have possession of the child beginning at 6 p.m. and ending at 8
40	40	p.m. on that day, provided that the parent picks up the child from
41	41	[the residence of the conservator entitled to possession] and
42	42	returns the child to the residence of the conservator entitled to
43	43	possession [that same place];
44	44	(5) if a conservator, the father shall have possession
45	45	of the child beginning at 6 p.m. on the Friday preceding Father's
46	46	Day and ending on Father's Day at 6 p.m., provided that, if he is not
47	47	otherwise entitled under this standard possession order to present
48	48	possession of the child, he picks up the child from the residence of
49	49	the conservator entitled to possession and returns the child to
50	50	that same place; and
51	51	(6) if a conservator, the mother shall have possession
52	52	of the child beginning at 6 p.m. on the Friday preceding Mother's
53	53	Day and ending on Mother's Day at 6 p.m., provided that, if she is
54	54	not otherwise entitled under this standard possession order to
55	55	present possession of the child, she picks up the child from the
56	56	residence of the conservator entitled to possession and returns the
57	57	child to that same place.
58	58	SECTION 2. The change in law made by this Act to Section
59	59	153.314, Family Code, applies only to a court order providing for
60	60	possession of or access to a child rendered on or after the
61	61	effective date of this Act. A court order rendered before the
62	62	effective date of this Act is governed by the law in effect on the
63	63	date the order was rendered, and the former law is continued in
64	64	effect for that purpose.
65	65	SECTION 3. This Act takes effect September 1, 2017.