Texas 2021 - 87th Regular

Texas Senate Bill SB1936 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1936
	1	+	By: Hughes S.B. No. 1936
	2	+	(Cook, Swanson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the beginning and ending possession times in certain
6	8		standard possession orders in a suit affecting the parent-child
7	9		relationship.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter F, Chapter 153, Family Code, is
10	12		amended by adding Section 153.3171 to read as follows:
11	13		Sec. 153.3171. BEGINNING AND ENDING POSSESSION TIMES FOR
12	14		PARENTS WHO RESIDE 50 MILES OR LESS APART. (a) Except as provided
13	15		by Subsection (b), if the possessory conservator resides not more
14	16		than 50 miles from the primary residence of the child, the court
15	17		shall alter the standard possession order under Sections 153.312,
16	18		153.314, and 153.315 to provide that the conservator has the right
17	19		to possession of the child as if the conservator had made the
18	20		elections for alternative beginning and ending possession times
19	21		under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6),
20		-	(7)(C), (8)~~, and (9)~~.
	22	+	(7)(C), and (8).
21	23		(b) Subsection (a) does not apply if:
22	24		(1) the possessory conservator declines one or more of
23	25		the alternative beginning and ending possession times under
24	26		Subsection (a) in a written document filed with the court or through
25	27		an oral statement made in open court on the record;
26	28		(2) the court is denying, restricting, or limiting the
27	29		possessory conservator's possession of or access to the child in
28	30		the best interest of the child under Section 153.004; or
29	31		(3) the court finds that one or more of the alternative
30	32		beginning and ending possession times under Subsection (a) are not
31	33		in the best interest of the child, including:
32	34		(A) because the distances between residences
33	35		make the possession schedule described by Subsection (a) unworkable
34	36		or inappropriate considering the circumstances of the parties or
35	37		the area in which the parties reside;
36	38		(B) because before the filing of the suit, the
37	39		possessory conservator did not frequently and continuously
38	40		exercise the rights and duties of a parent with respect to the
39	41		child; or
40	42		(C) for any other reason the court considers
41	43		relevant.
42	44		(c) On the request of a party, the court shall make findings
43	45		of fact and conclusions of law regarding the order under this
44	46		section.
45		-	SECTION 2. Section 153.317(a), Family Code, is amended to
46		-	read as follows:
47		-	(a) If elected by a conservator, the court shall alter the
48		-	standard possession order under Sections 153.312, 153.314, and
49		-	153.315 to provide for one or more of the following alternative
50		-	beginning and ending possession times for the described periods of
51		-	possession, unless the court finds that the election is not in the
52		-	best interest of the child:
53		-	(1) for weekend periods of possession under Section
54		-	153.312(a)(1) during the regular school term:
55		-	(A) beginning at the time the child's school is
56		-	regularly dismissed;
57		-	(B) ending at the time the child's school resumes
58		-	after the weekend; or
59		-	(C) beginning at the time described by Paragraph
60		-	(A) and ending at the time described by Paragraph (B);
61		-	(2) for Thursday periods of possession under Section
62		-	153.312(a)(2):
63		-	(A) beginning at the time the child's school is
64		-	regularly dismissed;
65		-	(B) ending at the time the child's school resumes
66		-	on Friday; or
67		-	(C) beginning at the time described by Paragraph
68		-	(A) and ending at the time described by Paragraph (B);
69		-	(3) for spring vacation periods of possession under
70		-	Section 153.312(b)(1), beginning at the time the child's school is
71		-	dismissed for those vacations;
72		-	(4) for Christmas school vacation periods of
73		-	possession under Section 153.314(1), beginning at the time the
74		-	child's school is dismissed for the vacation;
75		-	(5) for Thanksgiving holiday periods of possession
76		-	under Section 153.314(3), beginning at the time the child's school
77		-	is dismissed for the holiday;
78		-	(6) for Father's Day periods of possession under
79		-	Section 153.314(5), ending at 8 a.m. on the Monday after Father's
80		-	Day weekend;
81		-	(7) for Mother's Day periods of possession under
82		-	Section 153.314(6):
83		-	(A) beginning at the time the child's school is
84		-	regularly dismissed on the Friday preceding Mother's Day;
85		-	(B) ending at the time the child's school resumes
86		-	after Mother's Day; or
87		-	(C) beginning at the time described by Paragraph
88		-	(A) and ending at the time described by Paragraph (B); [or]
89		-	(8) for weekend periods of possession that are
90		-	extended under Section 153.315(b) by a student holiday or teacher
91		-	in-service day that falls on a Friday, beginning at the time the
92		-	child's school is regularly dismissed on Thursday; or
93		-	(9) for weekend periods of possession that are
94		-	extended under Section 153.315(a) by a student holiday or teacher
95		-	in-service day that falls on a Monday, ending at 8 a.m. Tuesday.
96		-	SECTION 3. Subchapter B, Chapter 231, Family Code, is
	47	+	SECTION 2. Subchapter B, Chapter 231, Family Code, is
97	48		amended by adding Section 231.1211 to read as follows:
98	49		Sec. 231.1211. INFORMATIONAL MATERIALS ON STANDARD
99	50		POSSESSION ORDER. (a) The Title IV-D agency shall create
100	51		informational materials that describe the possession schedule
101	52		under the standard possession order under Subchapter F, Chapter
102	53		153, including any alternate schedules or elections available to
103	54		conservators.
104	55		(b) The Title IV-D agency shall make the informational
105	56		materials described by Subsection (a) available on the agency's
106	57		Internet website and distribute printed copies of those materials
107	58		on request.
108		-	SECTION 4. The enactment of this Act does not constitute a
	59	+	SECTION 3. The enactment of this Act does not constitute a
109	60		material and substantial change of circumstances sufficient to
110	61		warrant modification of a court order or portion of a decree that
111	62		provides for the possession of or access to a child rendered before
112	63		the effective date of this Act.
113		-	SECTION 5. The change in law made by this Act applies to a
	64	+	SECTION 4. The change in law made by this Act applies to a
114	65		suit affecting the parent-child relationship that is pending in a
115	66		trial court on the effective date of this Act or that is filed on or
116	67		after the effective date of this Act.
117		-	SECTION 6. This Act takes effect September 1, 2021.
118		-	______________________________ ______________________________
119		-	President of the Senate Speaker of the House
120		-	I hereby certify that S.B. No. 1936 passed the Senate on
121		-	April 23, 2021, by the following vote: Yeas 31, Nays 0; and that
122		-	the Senate concurred in House amendment on May 29, 2021, by the
123		-	following vote: Yeas 31, Nays 0.
124		-	______________________________
125		-	Secretary of the Senate
126		-	I hereby certify that S.B. No. 1936 passed the House, with
127		-	amendment, on May 26, 2021, by the following vote: Yeas 144,
128		-	Nays 1, one present not voting.
129		-	______________________________
130		-	Chief Clerk of the House
131		-	Approved:
132		-	______________________________
133		-	Date
134		-	______________________________
135		-	Governor
	68	+	SECTION 5. This Act takes effect September 1, 2021.