Texas 2023 - 88th Regular

Texas House Bill HB1120 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5417 MLH-F
2	2	By: Cook H.B. No. 1120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to orders for possession of and access to a child in a suit
8	8	affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 153.253, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR
13	13	UNWORKABLE. The court shall render an order that grants periods of
14	14	possession of the child as similar as possible to those provided by
15	15	the standard possession order if the work schedule or other special
16	16	circumstances of the managing conservator, the possessory
17	17	conservator, or the child, or the year-round school schedule of the
18	18	child, make the standard possession order unworkable or
19	19	inappropriate.
20	20	SECTION 2. Section 153.254, Family Code, is amended by
21	21	amending Subsection (a) and adding Subsections (b) and (c) to read
22	22	as follows:
23	23	(a) The court shall render an order appropriate under the
24	24	circumstances for possession of a child less than three years of
25	25	age. In rendering the order, the court shall consider evidence of
26	26	all relevant factors, including:
27	27	(1) the preexisting parent-child relationship,
28	28	including whether there has been minimal or inconsistent contact
29	29	with the child and the child's siblings, if applicable [caregiving
30	30	provided to the child before and during the current suit];
31	31	(2) [the effect on the child that may result from
32	32	separation from either party;
33	33	[(3)] the personal availability of the parties as
34	34	caregivers [and the willingness of the parties to personally care
35	35	for the child];
36	36	(3) [(4)] the present and immediate physical,
37	37	medical, behavioral, or [and] developmental needs of the child;
38	38	(4) any [(5) the] physical, medical, behavioral
39	39	[emotional], economic, or [and] social conditions of the parties;
40	40	(5) [(6)] the impact and influence of each individual
41	41	residing in a residence with a party to the suit or having
42	42	considerable interaction with the child [individuals, other than
43	43	the parties, who will be present] during a party's periods of
44	44	possession;
45	45	(6) the present and proposed environments in which
46	46	possession and access has occurred or is to occur;
47	47	(7) the presence or absence of siblings during periods
48	48	of possession;
49	49	(8) the child's need to develop healthy attachments to
50	50	each party, if possible [both parents];
51	51	(9) the child's need for continuity of routine;
52	52	(10) the location and proximity of the residences of
53	53	the parties;
54	54	(11) the need for a graduated [temporary] possession
55	55	schedule when there has been [that incrementally shifts to the
56	56	schedule provided in the prospective order under Subsection (d)
57	57	based on:
58	58	[(A) the age of the child; or
59	59	[(B)] minimal or inconsistent contact with the
60	60	child [by a party];
61	61	(12) the ability of the parties to share in the
62	62	responsibilities, rights, and duties of caring for the child
63	63	[parenting]; and
64	64	(13) any other issue consistent with [evidence of] the
65	65	best interest of the child, taking into consideration the
66	66	circumstances of the parties.
67	67	(b) The court shall render an order for periods of
68	68	possession of a child less than three years of age based on the
69	69	agreement of the parties, unless the court determines the agreement
70	70	is not in the best interest of the child.
71	71	(c) Section 153.258 applies to an order rendered under this
72	72	section.
73	73	SECTION 3. The heading to Section 153.258, Family Code, is
74	74	amended to read as follows:
75	75	Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
76	76	STANDARD POSSESSION ORDER.
77	77	SECTION 4. Section 153.258(a), Family Code, is amended to
78	78	read as follows:
79	79	(a) In all cases in which possession of a child by a parent
80	80	is contested and the possession of the child varies from the
81	81	standard possession order, including a possession order for a child
82	82	under three years of age, on request by a party, the court shall
83	83	state in writing the specific reasons for the variance from the
84	84	standard possession order.
85	85	SECTION 5. The changes in law made by this Act to Section
86	86	153.254, Family Code, apply only to a suit affecting the
87	87	parent-child relationship that is filed on or after the effective
88	88	date of this Act. A suit filed before the effective date of this Act
89	89	is governed by the law in effect on the date the suit is filed, and
90	90	the former law is continued in effect for that purpose.
91	91	SECTION 6. This Act takes effect September 1, 2023.