86R879 JSC-F
By: Dutton, White H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to alternative times of possession under 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. Subchapter F, Chapter 153, Family Code, is
amended by adding Section 153.3115 to read as follows:
Sec. 153.3115. RIGHT TO EXPANDED STANDARD POSSESSION ORDER.
(a) Unless the court finds that an expanded standard possession
order under Section 153.317, or an election under that order, is not
in the best interest of the child, a conservator may elect to
increase the times of possession to which the conservator would
otherwise be entitled under Sections 153.312, 153.314, and 153.315
by requesting an expanded standard possession order under Section
153.317.
(b) A conservator must make an election under Subsection
(a):
(1) before or at the time a possession order is
rendered; or
(2) if the conservators are parties to a mediated
settlement agreement under Section 153.0071 or a collaborative
family law settlement agreement under Chapter 15 that includes a
possession order, before the conservator making the election signs
that agreement.
(c) An election under Subsection (a) may be made:
(1) in a written document filed with the court; or
(2) through an oral statement made in open court on the
record.
SECTION 2. Section 153.317, Family Code, is amended to read
as follows:
Sec. 153.317. EXPANDED STANDARD POSSESSION ORDER
[ALTERNATIVE BEGINNING AND ENDING POSSESSION TIMES]. Subject to
the limitations prescribed by Section 153.3115 [(a) If elected by
a conservator], the court shall alter the standard possession order
described by [under] Sections 153.312, 153.314, and 153.315 to
provide for increased times of possession for a conservator as a
result of that conservator's election of one or more of the
following alternative beginning and ending possession times for the
described periods of that conservator's 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)(1) during the regular school term:
(A) beginning at the time the child's school is
regularly dismissed;
(B) ending at the time the child's school resumes
after the weekend; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(2) for Thursday periods of possession under Section
153.312(a)(2):
(A) beginning at the time the child's school is
regularly dismissed;
(B) ending at the time the child's school resumes
on Friday; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(3) for spring vacation periods of possession under
Section 153.312(b)(1):
(A) [,] beginning at the time the child's school
is dismissed for those vacations;
(B) ending at the time the child's school resumes
after those vacations; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(4) for Christmas school vacation periods of
possession:
(A) under Section 153.314(1), beginning at the
time the child's school is dismissed for the vacation; or
(B) under Section 153.314(2), ending at the time
the child's school resumes after the vacation;
(5) for Thanksgiving holiday periods of possession
under Section 153.314(3):
(A) [,] beginning at the time the child's school
is dismissed for the holiday;
(B) ending at the time the child's school resumes
after the holiday; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(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;
(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;
(B) ending at the time the child's school resumes
after Mother's Day; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B); or
(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.
[(b) A conservator must make an election under Subsection
(a) before or at the time of the rendition of a possession
order. The election may be made:
[(1) in a written document filed with the court; or
[(2) through an oral statement made in open court on
the record.]
SECTION 3. The change in law made by this Act applies only
to a suit affecting the parent-child relationship pending before a
court on or filed on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.