Texas 2021 - 87th Regular

Texas House Bill HB1135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Morales of Harris, et al. H.B. No. 1135
2		-	(Senate Sponsor - Zaffirini)
3		-	(In the Senate - Received from the House April 19, 2021;
4		-	April 21, 2021, read first time and referred to Committee on State
5		-	Affairs; May 21, 2021, reported favorably by the following vote:
6		-	Yeas 8, Nays 0; May 21, 2021, sent to printer.)
7		-	Click here to see the committee vote
	1	+	87R8617 MLH-D
	2	+	By: Morales of Harris, Swanson, et al. H.B. No. 1135
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to the terms and conditions of a standard possession order
13	8		in a suit affecting the parent-child relationship.
14	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	10		SECTION 1. Section 153.316, Family Code, is amended to read
16	11		as follows:
17	12		Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court
18	13		shall order the following general terms and conditions of
19	14		possession of a child to apply without regard to the distance
20	15		between the residence of a parent and the child:
21	16		(1) the managing conservator shall surrender the child
22	17		to the possessory conservator at the beginning of each period of the
23	18		possessory conservator's possession at the residence of the
24	19		managing conservator;
25	20		(2) if the possessory conservator elects to begin a
26	21		period of possession at the time the child's school is regularly
27	22		dismissed, the managing conservator shall surrender the child to
28	23		the possessory conservator at the beginning of each period of
29	24		possession at:
30	25		(A) the school in which the child is enrolled; or
31	26		(B) if the child is not physically attending
32	27		school:
33	28		(i) the managing conservator's residence;
34	29		(ii) a location agreed to by all parties; or
35	30		(iii) a location determined by a party who,
36	31		following a finding under Section 105.006(c), is not required to
37	32		disclose the party's address to the other party or is protected from
38	33		the other party by an order rendered by the court;
39	34		(3) the possessory conservator shall be ordered to do
40	35		one of the following:
41	36		(A) the possessory conservator shall surrender
42	37		the child to the managing conservator at the end of each period of
43	38		possession at the residence of the possessory conservator; or
44	39		(B) the possessory conservator shall return the
45	40		child to the residence of the managing conservator at the end of
46	41		each period of possession, except that the order shall provide that
47	42		the possessory conservator shall surrender the child to the
48	43		managing conservator at the end of each period of possession at the
49	44		residence of the possessory conservator if:
50	45		(i) at the time the original order or a
51	46		modification of an order establishing terms and conditions of
52	47		possession or access the possessory conservator and the managing
53	48		conservator lived in the same county, the possessory conservator's
54	49		county of residence remains the same after the rendition of the
55	50		order, and the managing conservator's county of residence changes,
56	51		effective on the date of the change of residence by the managing
57	52		conservator; or
58	53		(ii) the possessory conservator and
59	54		managing conservator lived in the same residence at any time during
60	55		a six-month period preceding the date on which a suit for
61	56		dissolution of the marriage was filed and the possessory
62	57		conservator's county of residence remains the same and the managing
63	58		conservator's county of residence changes after they no longer live
64	59		in the same residence, effective on the date the order is rendered;
65	60		(4) if the possessory conservator elects to end a
66	61		period of possession at the time the child's school resumes, the
67	62		possessory conservator shall surrender the child to the managing
68	63		conservator at the end of each period of possession at:
69	64		(A) the school in which the child is enrolled; or
70	65		(B) if the child is not physically attending
71	66		school:
72	67		(i) the possessory conservator's residence;
73	68		(ii) a location agreed to by all parties; or
74	69		(iii) a location determined by a party who,
75	70		following a finding under Section 105.006(c), is not required to
76	71		disclose the party's address to the other party or is protected from
77	72		the other party by an order rendered by the court;
78	73		(5) each conservator shall return with the child the
79	74		personal effects that the child brought at the beginning of the
80	75		period of possession;
81	76		(6) either parent may designate a competent adult to
82	77		pick up and return the child, as applicable; a parent or a
83	78		designated competent adult shall be present when the child is
84	79		picked up or returned;
85	80		(7) a parent shall give notice to the person in
86	81		possession of the child on each occasion that the parent will be
87	82		unable to exercise that parent's right of possession for a
88	83		specified period;
89	84		(8) written notice, including notice provided by
90	85		electronic mail or facsimile, shall be deemed to have been timely
91	86		made if received or, if applicable, postmarked before or at the time
92	87		that notice is due; and
93	88		(9) if a conservator's time of possession of a child
94	89		ends at the time school is scheduled to resume [resumes] and [for
95	90		any reason] the child is not physically attending [or will not be
96	91		returned to] school, the conservator in possession of the child
97	92		shall immediately notify [the school and] the other conservator
98	93		that the child will not be or has not been returned to school.
99	94		SECTION 2. The change in law made by this Act applies only
100	95		to a court order providing for possession of or access to a child
101	96		rendered on or after the effective date of this Act. A court order
102	97		rendered before the effective date of this Act is governed by the
103	98		law in effect on the date the order was rendered, and the former law
104	99		is continued in effect for that purpose.
105	100		SECTION 3. This Act takes effect September 1, 2021.
106		-	* * * * *