By: Dutton (Senate Sponsor - Hughes) H.B. No. 3203
(In the Senate - Received from the House May 12, 2021;
May 14, 2021, read first time and referred to Committee on State
Affairs; May 22, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 22, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3203 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the standard possession order and alternative
possession times in a suit affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.317(a), Family Code, is amended to
read as follows:
(a) If elected by a conservator, the court shall alter the
standard possession order under Sections 153.312, 153.314, and
153.315 to provide for one or more of the following alternative
beginning and ending possession times for the described periods of
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), beginning at the time the child's school is
dismissed for those vacations;
(4) for Christmas school vacation periods of
possession under Section 153.314(1), beginning at the time the
child's school is dismissed for the vacation;
(5) for Thanksgiving holiday periods of possession
under Section 153.314(3), beginning at the time the child's school
is dismissed for the holiday;
(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; or
(9) for weekend periods of possession that are
extended under Section 153.315(a) by a student holiday or teacher
in-service day that falls on a Monday, ending at 8 a.m. Tuesday.
SECTION 2. Subchapter F, Chapter 153, Family Code, is
amended by adding Section 153.3171 to read as follows:
Sec. 153.3171. BEGINNING AND ENDING POSSESSION TIMES FOR
PARENTS WHO RESIDE 50 MILES OR LESS APART. (a) Except as provided
by Subsection (b), if the possessory conservator resides not more
than 50 miles from the primary residence of the child, the court
shall alter the standard possession order under Sections 153.312,
153.314, and 153.315 to provide that the conservator has the right
to possession of the child as if the conservator had made the
elections for alternative beginning and ending possession times
under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6),
(7)(C), and (8).
(b) Subsection (a) does not apply if:
(1) the possessory conservator declines one or more of
the alternative beginning and ending possession times under
Subsection (a) in a written document filed with the court or through
an oral statement made in open court on the record;
(2) the court is denying, restricting, or limiting the
possessory conservator's possession of or access to the child in
the best interest of the child under Section 153.004; or
(3) the court finds that one or more of the alternative
beginning and ending possession times under Subsection (a) are not
in the best interest of the child, including:
(A) because the distances between residences
make the possession schedule described by Subsection (a) unworkable
or inappropriate considering the circumstances of the parties or
the area in which the parties reside;
(B) because before the filing of the suit, the
possessory conservator did not frequently and continuously
exercise the rights and duties of a parent with respect to the
child; or
(C) for any other reason the court considers
relevant.
(c) On the request of a party, the court shall make findings
of fact and conclusions of law regarding the order under this
section.
SECTION 3. Subchapter B, Chapter 231, Family Code, is
amended by adding Section 231.1211 to read as follows:
Sec. 231.1211. INFORMATIONAL MATERIALS ON STANDARD
POSSESSION ORDER. (a) The Title IV-D agency shall create
informational materials that describe the possession schedule
under the standard possession order under Subchapter F, Chapter
153, including any alternate schedules or elections available to
conservators.
(b) The Title IV-D agency shall make the informational
materials described by Subsection (a) available on the agency's
Internet website and distribute printed copies of those materials
on request.
SECTION 4. The enactment of this Act does not constitute a
material and substantial change of circumstances sufficient to
warrant modification of a court order or portion of a decree that
provides for the possession of or access to a child rendered before
the effective date of this Act.
SECTION 5. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or that is filed on or
after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2021.
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