Texas 2023 - 88th Regular

Texas House Bill HB3379 Compare Versions

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1	1	88R4796 AMF-F
2	2	By: Cook H.B. No. 3379
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to orders for the conservatorship of, possession of or
8	8	access to, or support of a child in a suit affecting the
9	9	parent-child relationship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 153.001(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) The public policy of this state is to:
14	14	(1) assure that children will have frequent and
15	15	continuing contact with parents who have shown the ability to act in
16	16	the best interest of the child;
17	17	(2) provide a safe, stable, and nonviolent environment
18	18	for the child; [and]
19	19	(3) encourage parents to share equally in the rights
20	20	and duties of raising their child after the parents have separated
21	21	or dissolved their marriage; and
22	22	(4) if parents reside in reasonable proximity to each
23	23	other, allocate rights of equal or nearly equal periods of physical
24	24	possession of and access to the child.
25	25	SECTION 2. Section 153.002, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 153.002. BEST INTEREST OF CHILD. (a) The best
28	28	interest of the child shall always be the primary consideration of
29	29	the court in determining the issues of conservatorship and
30	30	possession of and access to the child.
31	31	(b) In determining the best interest of the child, in
32	32	addition to any other factors the court is required to consider
33	33	under this chapter or other law, the court shall consider the
34	34	following factors:
35	35	(1) the child's wishes as to conservatorship,
36	36	possession, or access;
37	37	(2) the child's current and future emotional and
38	38	physical needs;
39	39	(3) any current or future emotional or physical danger
40	40	to the child;
41	41	(4) the parenting abilities of the party seeking
42	42	conservatorship or possession of or access to the child;
43	43	(5) the programs available to assist the party seeking
44	44	conservatorship or possession of or access to the child;
45	45	(6) the plans for the child of any person seeking
46	46	conservatorship or possession of or access to the child;
47	47	(7) the stability of any proposed placement;
48	48	(8) any act or omission by a parent seeking
49	49	conservatorship or possession of or access to the child that may
50	50	indicate the parent does not act in the best interest of the child;
51	51	(9) any explanation for the parent's act or omission
52	52	described by Subdivision (8); and
53	53	(10) any other factor the court considers relevant to
54	54	the determination.
55	55	SECTION 3. Section 153.007(a), Family Code, is amended to
56	56	read as follows:
57	57	(a) To promote the amicable settlement of disputes between
58	58	the parties to a suit, the parties may enter into a written agreed
59	59	parenting plan containing provisions for conservatorship and
60	60	possession of the child and for modification of the parenting plan,
61	61	including variations from the equal parenting order under
62	62	Subchapter F-1 or the standard possession order under Subchapter F.
63	63	SECTION 4. Section 153.134, Family Code, is amended by
64	64	adding Subsection (c) to read as follows:
65	65	(c) Notwithstanding any other provision of this chapter and
66	66	except as otherwise provided by this subsection, if the court
67	67	renders an order appointing the parents as joint managing
68	68	conservators under this section and the parents reside 20 miles or
69	69	less apart, the court shall render an equal parenting order under
70	70	Subchapter F-1 providing for equal or nearly equal periods of
71	71	physical possession of the child, unless the court determines and
72	72	enters a finding of fact on the record specifying that equal or
73	73	nearly equal periods of physical possession are not in the best
74	74	interest of the child, in which case the court may enter:
75	75	(1) a standard possession order as provided by
76	76	Subchapter F, including an expanded standard possession order under
77	77	Section 153.3171, if applicable; or
78	78	(2) if the court finds that the standard possession
79	79	order is not in the best interest of the child, another order for
80	80	possession of the child that the court determines is in the best
81	81	interest of the child.
82	82	SECTION 5. Section 153.251(a), Family Code, is amended to
83	83	read as follows:
84	84	(a) The guidelines established in the standard possession
85	85	order are intended to guide the courts in ordering the terms and
86	86	conditions for possession of a child by a parent named as a
87	87	possessory conservator, or as the minimum possession for a joint
88	88	managing conservator if the court does not render an equal
89	89	parenting order under Subchapter F-1.
90	90	SECTION 6. Section 153.252, Family Code, is amended to read
91	91	as follows:
92	92	Sec. 153.252. REBUTTABLE PRESUMPTION. (a) Except as
93	93	provided by Subsection (b), in [In] a suit, there is a rebuttable
94	94	presumption that the standard possession order in Subchapter F:
95	95	(1) provides reasonable minimum possession of a child
96	96	for a parent named as a possessory conservator or joint managing
97	97	conservator; and
98	98	(2) is in the best interest of the child.
99	99	(b) If the court renders an order appointing the parents as
100	100	joint managing conservators and the parents reside 20 miles or less
101	101	apart, there is a rebuttable presumption that the equal parenting
102	102	order under Subchapter F-1 is in the best interest of the child. If
103	103	the court finds that the equal parenting order under Subchapter F-1
104	104	is not in the best interest of the child, the presumption provided
105	105	by Subsection (a) applies.
106	106	SECTION 7. Chapter 153, Family Code, is amended by adding
107	107	Subchapter F-1 to read as follows:
108	108	SUBCHAPTER F-1. EQUAL PARENTING ORDER FOR JOINT MANAGING
109	109	CONSERVATORS WHO RESIDE 20 MILES OR LESS APART
110	110	Sec. 153.351. AUTHORITY TO RENDER EQUAL PARENTING ORDER.
111	111	Notwithstanding any other provision of this chapter, a court shall
112	112	enter an equal parenting order under this subchapter providing for
113	113	equal or nearly equal periods of possession of a child in accordance
114	114	with this subchapter if the court:
115	115	(1) appoints the parents as joint managing
116	116	conservators under Section 153.134;
117	117	(2) determines the parents reside 20 miles or less
118	118	apart; and
119	119	(3) determines that the order would be in the best
120	120	interest of the child.
121	121	Sec. 153.352. DESIGNATION OF CONSERVATORS UNDER EQUAL
122	122	PARENTING ORDER. For purposes of this subchapter, the court shall
123	123	designate the joint managing conservator with the exclusive right
124	124	to designate the child's primary residence as "conservator A" and
125	125	the other joint managing conservator as "conservator B."
126	126	Sec. 153.353. REFERENCE TO "SCHOOL" IN EQUAL PARENTING
127	127	ORDER. (a) In an equal parenting order, "school" means the
128	128	elementary or secondary school in which the child is enrolled or, if
129	129	the child is not enrolled in an elementary or secondary school, the
130	130	public school district in which the child primarily resides.
131	131	(b) In this subchapter, if a period of possession in an
132	132	equal parenting order begins or ends at the time the child's school
133	133	regularly resumes, and the child is not attending school on that
134	134	day, the period of possession shall begin or end at 8:00 a.m.
135	135	Sec. 153.354. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
136	136	POSSESSION. The court shall specify in an equal parenting order
137	137	that the parties may have possession of the child at times mutually
138	138	agreed to in advance by the parties and, in the absence of mutual
139	139	agreement, shall have possession of the child under the specified
140	140	terms set out in the equal parenting order.
141	141	Sec. 153.355. POSSESSION SCHEDULE UNDER EQUAL PARENTING
142	142	ORDER. Unless an alternative possession schedule is ordered under
143	143	Section 153.356, in an equal parenting order:
144	144	(1) conservator B shall have the right to possession
145	145	of the child as follows:
146	146	(A) on weekends throughout the year beginning at
147	147	the time school regularly resumes on the first and third Friday of
148	148	each month and ending at the time school regularly resumes on the
149	149	following Monday; and
150	150	(B) on Wednesdays and Thursdays of each week
151	151	beginning at the time school regularly resumes on Wednesday and
152	152	ending at the time school regularly resumes on Friday;
153	153	(2) conservator A shall have the right to possession
154	154	of the child as follows:
155	155	(A) on weekends throughout the year beginning at
156	156	the time school regularly resumes on the second and fourth Friday of
157	157	each month and ending at the time school regularly resumes on the
158	158	following Monday; and
159	159	(B) on Mondays and Tuesdays of each week
160	160	beginning at the time school regularly resumes on Monday and ending
161	161	at the time school regularly resumes on Wednesday; and
162	162	(3) for weekends that begin at the time school
163	163	regularly resumes on the fifth Friday of a month and end at the time
164	164	school regularly resumes on the following Monday, the conservators
165	165	shall alternate weekends of possession throughout the year on a
166	166	schedule that begins as follows:
167	167	(A) conservator B shall have the right to
168	168	possession of the child on the first such weekend of the year in
169	169	even-numbered years; and
170	170	(B) conservator A shall have the right to
171	171	possession of the child on the first such weekend of the year in
172	172	odd-numbered years.
173	173	Sec. 153.356. ALTERNATIVE SCHEDULE UNDER EQUAL PARENTING
174	174	ORDER. (a) As an alternative to the possession schedule under
175	175	Section 153.355, the court in an equal parenting order may
176	176	designate an alternative possession schedule as provided in this
177	177	section.
178	178	(b) Under an alternative possession schedule:
179	179	(1) conservator B shall have the right to possession
180	180	of the child beginning at the time school regularly resumes on the
181	181	first and third Friday of each month and ending at the time school
182	182	regularly resumes on the following Friday;
183	183	(2) conservator A shall have the right to possession
184	184	of the child beginning at the time school regularly resumes on the
185	185	second and fourth Friday of each month and ending at the time school
186	186	regularly resumes on the following Friday; and
187	187	(3) for weeks that begin at the time school regularly
188	188	resumes on the fifth Friday of a month and end at the time school
189	189	regularly resumes on the following Friday, the conservators shall
190	190	alternate weeks of possession throughout the year on a schedule
191	191	that begins as follows:
192	192	(A) conservator B shall have the right to
193	193	possession of the child on the first such week of the year in
194	194	even-numbered years; and
195	195	(B) conservator A shall have the right to
196	196	possession of the child on the first such week of the year in
197	197	odd-numbered years.
198	198	Sec. 153.357. VACATION AND HOLIDAY POSSESSION SCHEDULE
199	199	UNDER EQUAL PARENTING ORDER. (a) This section governs possession
200	200	of the child for certain vacations and holidays and supersedes the
201	201	periods of possession described by Section 153.355 or 153.356.
202	202	(b) Under an equal parenting order:
203	203	(1) conservator B shall have possession of the child
204	204	in even-numbered years beginning at the time the child's school
205	205	resumes on the day the child is dismissed from school for the
206	206	school's spring vacation and ending at the time the child's school
207	207	resumes after that vacation;
208	208	(2) conservator A shall have possession of the child
209	209	in odd-numbered years beginning at the time the child's school
210	210	resumes on the day the child is dismissed from school for the
211	211	school's spring vacation and ending at the time the child's school
212	212	resumes after that vacation;
213	213	(3) the conservators shall alternate 14-day periods of
214	214	possession for eight weeks during the period the child's school is
215	215	dismissed for summer vacation, regardless of whether the child
216	216	participates in summer school, on a schedule that begins as
217	217	follows:
218	218	(A) in even-numbered years, conservator B shall
219	219	have the right to possession of the child:
220	220	(i) beginning when school regularly resumes
221	221	the day school is dismissed for summer vacation if school is
222	222	dismissed for summer vacation on a Friday, otherwise at 8:00 a.m.
223	223	the first Friday of the period the child's school is dismissed for
224	224	summer vacation; and
225	225	(ii) ending at 8 a.m. the second Friday
226	226	after the period of possession begins; and
227	227	(B) in odd-numbered years, conservator A shall
228	228	have the right to possession of the child:
229	229	(i) beginning when school regularly resumes
230	230	the day school is dismissed for summer vacation if school is
231	231	dismissed for summer vacation on a Friday, otherwise at 8:00 a.m.
232	232	the first Friday of the period the child's school is dismissed for
233	233	summer vacation; and
234	234	(ii) ending at 8 a.m. the second Friday
235	235	after the period of possession begins; and
236	236	(4) the conservators shall have rights of possession
237	237	of the child during holiday periods as follows:
238	238	(A) conservator B shall have possession of the
239	239	child in even-numbered years beginning at 4 p.m. on the day the
240	240	child is dismissed from school for the Christmas school vacation
241	241	and ending at noon on December 28, and conservator A shall have
242	242	possession for the same period in odd-numbered years;
243	243	(B) conservator B shall have possession of the
244	244	child in odd-numbered years beginning at noon on December 28 and
245	245	ending at 4 p.m. on the day before school resumes after that
246	246	vacation, and conservator A shall have possession for the same
247	247	period in even-numbered years;
248	248	(C) conservator B shall have possession of the
249	249	child in odd-numbered years beginning at 4 p.m. on the day the child
250	250	is dismissed from school before Thanksgiving and ending at 4 p.m. on
251	251	the following Sunday, and conservator A shall have possession for
252	252	the same period in even-numbered years;
253	253	(D) the parent not otherwise entitled under this
254	254	equal order to present possession of a child on the child's birthday
255	255	shall have possession of the child beginning at 6 p.m. and ending at
256	256	8 p.m. on that day, provided that the parent picks up the child from
257	257	the residence of the conservator entitled to possession and returns
258	258	the child to that same place;
259	259	(E) the father shall have possession of the child
260	260	beginning at 6 p.m. on the Friday preceding Father's Day and ending
261	261	on Father's Day at 6 p.m., provided that, if he is not otherwise
262	262	entitled under this equal parenting order to present possession of
263	263	the child, he picks up the child from the residence of the
264	264	conservator entitled to possession and returns the child to that
265	265	same place; and
266	266	(F) the mother shall have possession of the child
267	267	beginning at 6 p.m. on the Friday preceding Mother's Day and ending
268	268	on Mother's Day at 6 p.m., provided that, if she is not otherwise
269	269	entitled under this equal parenting order to present possession of
270	270	the child, she picks up the child from the residence of the
271	271	conservator entitled to possession and returns the child to that
272	272	same place.
273	273	SECTION 8. Section 154.122, Family Code, is amended by
274	274	adding Subsection (c) to read as follows:
275	275	(c) An order for child support rendered for a child who is
276	276	the subject of an equal parenting order under Subchapter F-1,
277	277	Chapter 153, is presumed to be reasonable and in the best interest
278	278	of the child if the order for child support conforms to Section
279	279	154.1265.
280	280	SECTION 9. Subchapter C, Chapter 154, Family Code, is
281	281	amended by adding Section 154.1265 to read as follows:
282	282	Sec. 154.1265. APPLICATION OF GUIDELINES FOR CHILD SUBJECT
283	283	TO EQUAL PARENTING ORDER. (a) In ordering child support for a
284	284	child who is the subject of an equal parenting order under
285	285	Subchapter F-1, Chapter 153, the court shall determine the amount
286	286	of the child support obligation as provided by this section.
287	287	(b) The court shall first apply the child support guidelines
288	288	with respect to each parent without regard to the other and then
289	289	subtract the amount of child support determined under the
290	290	guidelines for the parent who would be obligated to pay the lesser
291	291	of the two amounts from the amount of child support determined for
292	292	the parent who would be obligated to pay the greater amount. The
293	293	net amount is presumed to be a reasonable amount of child support.
294	294	(c) The court shall render an order requiring the parent
295	295	determined under Subsection (b) to owe the greater amount to pay as
296	296	periodic child support the net amount to the other parent.
297	297	(d) A child support order conforming to the requirements of
298	298	this section is presumed to be in the best interest of the child.
299	299	SECTION 10. The enactment of this Act does not constitute a
300	300	material and substantial change of circumstances sufficient to
301	301	warrant modification of a court order or portion of a decree that
302	302	provides for the possession of or access to a child rendered before
303	303	the effective date of this Act.
304	304	SECTION 11. The change in law made by this Act applies to a
305	305	suit affecting the parent-child relationship that is pending in a
306	306	trial court on the effective date of this Act or that is filed on or
307	307	after the effective date of this Act.
308	308	SECTION 12. This Act takes effect September 1, 2023.