87R20809 MLH-D
By: White H.B. No. 4381
Substitute the following for H.B. No. 4381:
By: Swanson C.S.H.B. No. 4381
A BILL TO BE ENTITLED
AN ACT
relating to requiring notice to parties in certain suits affecting
the parent-child relationship of options for periods of possession
of or access to a child under a standard possession order.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.009, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) If the petition requests the establishment or
modification of periods of possession of or access to a child, the
citation must include notice of the options for periods of
possession of or access to a child under a standard possession order
under Subchapter F, Chapter 153, including notice that:
(1) a conservator may elect one or more of the
alternative beginning and ending possession times provided under
Section 153.317, which the court must enter into the possession
order unless the court finds that the election is not in the best
interest of the child; and
(2) an election described by Subdivision (1) may
enable the conservator to substantially increase the conservator's
periods of possession and adapt the possession schedule based on
the needs of the conservator and the child.
SECTION 2. Section 102.0091, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A waiver filed in a suit in which the filed petition
requests the establishment or modification of periods of possession
of or access to a child must include an acknowledgment that the
waiving party is aware of the alternative beginning and ending
possession times provided under Section 153.317.
SECTION 3. Section 154.022, Civil Practice and Remedies
Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) If a pending dispute concerns the establishment or
modification of periods of possession of or access to a child, the
notification must include notice of the alternative beginning and
ending times for possession of or access to a child under Section
153.317, Family Code.
SECTION 4. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before that date is governed by the law in effect
on the date the suit was filed, and that law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2021.