By: Hughes S.B. No. 1936
A BILL TO BE ENTITLED
AN ACT
relating to the beginning and ending possession times in certain
standard possession orders in a suit affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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 5. This Act takes effect September 1, 2021.