Texas 2021 - 87th Regular

Texas House Bill HB4381 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R20809~~ MLH-D
	1	+	87R10348 MLH-D
2	2		By: White H.B. No. 4381
3		-	Substitute the following for H.B. No. 4381:
4		-	By: Swanson C.S.H.B. No. 4381
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to requiring notice to parties in certain suits affecting
10	8		the parent-child relationship of options for periods of possession
11	9		of or access to a child under a standard possession order.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 102.009, Family Code, is amended by
14	12		adding Subsection (f) to read as follows:
15	13		(f) If the petition requests the establishment or
16	14		modification of periods of possession of or access to a child, the
17	15		citation must include notice of the options for periods of
18	16		possession of or access to a child under a standard possession order
19		-	under Subchapter F, Chapter 153, including notice that:
20		-	(1) a conservator may elect one or more of the
21		-	alternative beginning and ending possession times provided under
22		-	Section 153.317, which the court must enter into the possession
23		-	order unless the court finds that the election is not in the best
24		-	interest of the child; and
25		-	(2) an election described by Subdivision (1) may
26		-	enable the conservator to substantially increase the conservator's
27		-	periods of possession and adapt the possession schedule based on
28		-	the needs of the conservator and the child.
29		-	SECTION 2. Section 102.0091, Family Code, is amended by
30		-	adding Subsection (a-1) to read as follows:
31		-	(a-1) A waiver filed in a suit in which the filed petition
32		-	requests the establishment or modification of periods of possession
33		-	of or access to a child must include an acknowledgment that the
34		-	waiving party is aware of the alternative beginning and ending
35		-	possession times provided under Section 153.317.
36		-	SECTION 3. Section 154.022, Civil Practice and Remedies
	17	+	under Subchapter F, Chapter 153.
	18	+	SECTION 2. Section 154.022, Civil Practice and Remedies
37	19		Code, is amended by adding Subsection (a-1) to read as follows:
38	20		(a-1) If a pending dispute concerns the establishment or
39	21		modification of periods of possession of or access to a child, the
40		-	notification must include notice of the ~~alternative beginning and~~
41		-	~~ending times for~~ possession of or access to a child under ~~Section~~
42		-	153~~.317~~, Family Code.
43		-	SECTION 4. The changes in law made by this Act apply only to
	22	+	notification must include notice of the options for periods of
	23	+	possession of or access to a child under a standard possession order
	24	+	under Subchapter F, Chapter 153, Family Code.
	25	+	SECTION 3. The changes in law made by this Act apply only to
44	26		a suit affecting the parent-child relationship filed on or after
45	27		the effective date of this Act. A suit affecting the parent-child
46	28		relationship filed before that date is governed by the law in effect
47	29		on the date the suit was filed, and that law is continued in effect
48	30		for that purpose.
49		-	SECTION 5. This Act takes effect September 1, 2021.
	31	+	SECTION 4. This Act takes effect September 1, 2021.