Texas 2019 - 86th Regular

Texas Senate Bill SB2203 Compare Versions

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

Old	New	Differences
1	1	86R10417 JSC-D
2	2	By: Fallon S.B. No. 2203
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to equal parenting orders in suits affecting the
8	8	parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 153.001(a), Family Code, is amended to
11	11	read as follows:
12	12	(a) The public policy of this state is to:
13	13	(1) assure that children will have frequent and
14	14	continuing contact with parents who have shown the ability to act in
15	15	the best interest of the child;
16	16	(2) provide a safe, stable, and nonviolent environment
17	17	for the child; and
18	18	(3) encourage parents to share equally in the rights
19	19	and duties of raising their child after the parents have separated
20	20	or dissolved their marriage.
21	21	SECTION 2. Section 153.134, Family Code, is amended by
22	22	adding Subsection (c) to read as follows:
23	23	(c) If the court renders an order appointing the parents
24	24	joint managing conservators under this section, it is a rebuttable
25	25	presumption that an equal parenting order under Subchapter F-1 is
26	26	in the best interest of the child. If the court finds that an equal
27	27	parenting order under Subchapter F-1 is not in the best interest of
28	28	the child, the court may enter:
29	29	(1) a standard possession order as provided by
30	30	Subchapter F; or
31	31	(2) another order regarding possession that the court
32	32	determines is in the best interest of the child.
33	33	SECTION 3. Chapter 153, Family Code, is amended by adding
34	34	Subchapter F-1 to read as follows:
35	35	SUBCHAPTER F-1. EQUAL PARENTING ORDER
36	36	Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER.
37	37	Notwithstanding any other provision of this chapter, a court shall,
38	38	as an alternative to the standard possession order under Subchapter
39	39	F, enter an order providing for periods of possession of a child in
40	40	accordance with this subchapter if the court:
41	41	(1) appoints the parents joint managing conservators
42	42	under Section 153.134; and
43	43	(2) does not find that the order would not be in the
44	44	best interest of the child.
45	45	Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING
46	46	ORDER. (a) Subject to Subsection (b), a court may enter an order
47	47	under this subchapter that provides that each parent has the right
48	48	to possession of the child under a schedule specified by the court,
49	49	provided that:
50	50	(1) the schedule may not grant possession to a parent
51	51	for a number of days each year that exceeds the number of days of
52	52	possession granted to the other parent for that year by more than
53	53	five days; and
54	54	(2) the schedule must alternate on a yearly basis the
55	55	parent who is granted possession for a number of days for the year
56	56	that exceeds the number of days granted to the other parent.
57	57	(b) A court shall provide parents with the opportunity to
58	58	select by agreement a schedule for possession described by
59	59	Subsection (a), subject to the court's finding that the proposed
60	60	schedule is in the best interest of the child. If the parents do not
61	61	agree, the court may order possession under any schedule described
62	62	by Subsection (a).
63	63	SECTION 4. The enactment of this Act does not constitute a
64	64	material and substantial change of circumstances sufficient to
65	65	warrant modification of a court order or portion of a decree that
66	66	provides for the possession of or access to a child rendered before
67	67	the effective date of this Act.
68	68	SECTION 5. The change in law made by this Act applies to a
69	69	suit affecting the parent-child relationship that is pending in a
70	70	trial court on the effective date of this Act or that is filed on or
71	71	after the effective date of this Act.
72	72	SECTION 6. This Act takes effect September 1, 2019.