Texas 2021 - 87th Regular

Texas House Bill HB803 Compare Versions

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

Old	New	Differences
1	1	87R2918 EAS-F
2	2	By: Middleton H.B. No. 803
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, the court shall
25	25	enter a possession order under Subchapter F-1 that provides for
26	26	equal parenting, unless the court determines that order is not in
27	27	the best interest of the child, in which case the court may enter:
28	28	(1) a standard possession order as provided by
29	29	Subchapter F; or
30	30	(2) another order regarding possession that the court
31	31	determines is in the best interest of the child.
32	32	SECTION 3. Chapter 153, Family Code, is amended by adding
33	33	Subchapter F-1 to read as follows:
34	34	SUBCHAPTER F-1. EQUAL PARENTING ORDER
35	35	Sec. 153.351. AUTHORITY TO ENTER EQUAL PARENTING ORDER.
36	36	Notwithstanding any other provision of this chapter, a court shall,
37	37	as an alternative to the standard possession order under Subchapter
38	38	F, enter an order providing for periods of possession of a child in
39	39	accordance with this subchapter if the court:
40	40	(1) appoints the parents joint managing conservators
41	41	under Section 153.134; and
42	42	(2) determines that the order would be in the best
43	43	interest of the child.
44	44	Sec. 153.352. PERIODS OF POSSESSION UNDER EQUAL PARENTING
45	45	ORDER. (a) Subject to Subsection (b), a court may enter an order
46	46	under this subchapter that provides that each parent has the right
47	47	to possession of the child under a schedule specified by the court,
48	48	provided that:
49	49	(1) the schedule may not grant possession to a parent
50	50	for a number of days each year that exceeds the number of days of
51	51	possession granted to the other parent for that year by more than
52	52	five days; and
53	53	(2) the schedule must alternate on a yearly basis the
54	54	parent who is granted possession for a number of days for the year
55	55	that exceeds the number of days granted to the other parent.
56	56	(b) A court shall provide parents with the opportunity to
57	57	select by agreement a schedule for possession described by
58	58	Subsection (a), subject to the court's determination that the
59	59	proposed schedule is in the best interest of the child. If the
60	60	parents do not agree, the court may order possession under any
61	61	schedule described by Subsection (a).
62	62	SECTION 4. The enactment of this Act does not constitute a
63	63	material and substantial change of circumstances sufficient to
64	64	warrant modification of a court order or portion of a decree that
65	65	provides for the possession of or access to a child rendered before
66	66	the effective date of this Act.
67	67	SECTION 5. The change in law made by this Act applies to a
68	68	suit affecting the parent-child relationship that is pending in a
69	69	trial court on the effective date of this Act or that is filed on or
70	70	after the effective date of this Act.
71	71	SECTION 6. This Act takes effect September 1, 2021.