Texas 2023 - 88th Regular

Texas House Bill HB5220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R14994 MLH-F
2	2	By: Ramos H.B. No. 5220
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain beginning and ending times of possession under
8	8	a standard possession order in a suit affecting the parent-child
9	9	relationship.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 153.312(a), Family Code, is amended to
12	12	read as follows:
13	13	(a) If the possessory conservator resides 100 miles or less
14	14	from the primary residence of the child, the possessory conservator
15	15	shall have the right to possession of the child as follows:
16	16	(1) on weekends throughout the year beginning at the
17	17	time the child's school is regularly dismissed [6 p.m.] on the
18	18	first, third, and fifth Friday of each month and ending at the time
19	19	school typically resumes [6 p.m.] on the following Monday [Sunday];
20	20	and
21	21	(2) on Thursdays of each week during the regular
22	22	school term beginning at 6 p.m. and ending at 8 p.m., unless the
23	23	court finds that visitation under this subdivision is not in the
24	24	best interest of the child.
25	25	SECTION 2. Section 153.316, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court
28	28	shall order the following general terms and conditions of
29	29	possession of a child to apply without regard to the distance
30	30	between the residence of a parent and the child:
31	31	(1) the managing conservator shall surrender the child
32	32	to the possessory conservator at the beginning of each period of the
33	33	possessory conservator's possession at the residence of the
34	34	managing conservator;
35	35	(2) if the possessory conservator's [conservator
36	36	elects to begin a] period of possession begins at the time the
37	37	child's school is regularly dismissed, the managing conservator
38	38	shall surrender the child to the possessory conservator at the
39	39	beginning of each period of possession at the school in which the
40	40	child is enrolled;
41	41	(3) the possessory conservator shall be ordered to do
42	42	one of the following:
43	43	(A) the possessory conservator shall surrender
44	44	the child to the managing conservator at the end of each period of
45	45	possession at the residence of the possessory conservator; or
46	46	(B) the possessory conservator shall return the
47	47	child to the residence of the managing conservator at the end of
48	48	each period of possession, except that the order shall provide that
49	49	the possessory conservator shall surrender the child to the
50	50	managing conservator at the end of each period of possession at the
51	51	residence of the possessory conservator if:
52	52	(i) at the time the original order or a
53	53	modification of an order establishing terms and conditions of
54	54	possession or access the possessory conservator and the managing
55	55	conservator lived in the same county, the possessory conservator's
56	56	county of residence remains the same after the rendition of the
57	57	order, and the managing conservator's county of residence changes,
58	58	effective on the date of the change of residence by the managing
59	59	conservator; or
60	60	(ii) the possessory conservator and
61	61	managing conservator lived in the same residence at any time during
62	62	a six-month period preceding the date on which a suit for
63	63	dissolution of the marriage was filed and the possessory
64	64	conservator's county of residence remains the same and the managing
65	65	conservator's county of residence changes after they no longer live
66	66	in the same residence, effective on the date the order is rendered;
67	67	(4) if the possessory conservator's [conservator
68	68	elects to end a] period of possession ends at the time the child's
69	69	school resumes, the possessory conservator shall surrender the
70	70	child to the managing conservator at the end of each period of
71	71	possession at the school in which the child is enrolled;
72	72	(5) each conservator shall return with the child the
73	73	personal effects that the child brought at the beginning of the
74	74	period of possession;
75	75	(6) either parent may designate a competent adult to
76	76	pick up and return the child, as applicable; a parent or a
77	77	designated competent adult shall be present when the child is
78	78	picked up or returned;
79	79	(7) a parent shall give notice to the person in
80	80	possession of the child on each occasion that the parent will be
81	81	unable to exercise that parent's right of possession for a
82	82	specified period;
83	83	(8) written notice, including notice provided by
84	84	electronic mail or facsimile, shall be deemed to have been timely
85	85	made if received or, if applicable, postmarked before or at the time
86	86	that notice is due; and
87	87	(9) if a conservator's time of possession of a child
88	88	ends at the time school resumes and for any reason the child is not
89	89	or will not be returned to school, the conservator in possession of
90	90	the child shall immediately notify the school and the other
91	91	conservator that the child will not be or has not been returned to
92	92	school.
93	93	SECTION 3. Section 153.317(a), Family Code, is amended to
94	94	read as follows:
95	95	(a) If elected by a conservator, the court shall alter the
96	96	standard possession order under Sections 153.312, 153.314, and
97	97	153.315 to provide for one or more of the following alternative
98	98	beginning and ending possession times for the described periods of
99	99	possession, unless the court finds that the election is not in the
100	100	best interest of the child:
101	101	(1) [for weekend periods of possession under Section
102	102	153.312(a)(1) during the regular school term:
103	103	[(A) beginning at the time the child's school is
104	104	regularly dismissed;
105	105	[(B) ending at the time the child's school
106	106	resumes after the weekend; or
107	107	[(C) beginning at the time described by Paragraph
108	108	(A) and ending at the time described by Paragraph (B);
109	109	[(2)] for Thursday periods of possession under Section
110	110	153.312(a)(2):
111	111	(A) beginning at the time the child's school is
112	112	regularly dismissed;
113	113	(B) ending at the time the child's school resumes
114	114	on Friday; or
115	115	(C) beginning at the time described by Paragraph
116	116	(A) and ending at the time described by Paragraph (B);
117	117	(2) [(3)] for spring vacation periods of possession
118	118	under Section 153.312(b)(1), beginning at the time the child's
119	119	school is dismissed for those vacations;
120	120	(3) [(4)] for Christmas school vacation periods of
121	121	possession under Section 153.314(1), beginning at the time the
122	122	child's school is dismissed for the vacation;
123	123	(4) [(5)] for Thanksgiving holiday periods of
124	124	possession under Section 153.314(3), beginning at the time the
125	125	child's school is dismissed for the holiday;
126	126	(5) [(6)] for Father's Day periods of possession under
127	127	Section 153.314(5), ending at 8 a.m. on the Monday after Father's
128	128	Day weekend;
129	129	(6) [(7)] for Mother's Day periods of possession under
130	130	Section 153.314(6):
131	131	(A) beginning at the time the child's school is
132	132	regularly dismissed on the Friday preceding Mother's Day;
133	133	(B) ending at the time the child's school resumes
134	134	after Mother's Day; or
135	135	(C) beginning at the time described by Paragraph
136	136	(A) and ending at the time described by Paragraph (B);
137	137	(7) [(8)] for weekend periods of possession that are
138	138	extended under Section 153.315(b) by a student holiday or teacher
139	139	in-service day that falls on a Friday, beginning at the time the
140	140	child's school is regularly dismissed on Thursday; or
141	141	(8) [(9)] for weekend periods of possession that are
142	142	extended under Section 153.315(a) by a student holiday or teacher
143	143	in-service day that falls on a Monday, ending at 8 a.m. Tuesday.
144	144	SECTION 4. Section 153.3171(a), Family Code, as added by
145	145	Chapter 896 (H.B. 3203), Acts of the 87th Legislature, Regular
146	146	Session, 2021, is amended to read as follows:
147	147	(a) Except as provided by Subsection (b), if the possessory
148	148	conservator resides not more than 50 miles from the primary
149	149	residence of the child, the court shall alter the standard
150	150	possession order under Sections 153.312, 153.314, and 153.315 to
151	151	provide that the conservator has the right to possession of the
152	152	child as if the conservator had made the elections for alternative
153	153	beginning and ending possession times under Sections
154	154	153.317(a)(1)(C), (2) [(2)(C)], (3), (4), (5), (6)(C) [(6)], (7)
155	155	[(7)(C)], and (8).
156	156	SECTION 5. Section 153.3171(a), Family Code, as added by
157	157	Chapter 967 (S.B. 1936), Acts of the 87th Legislature, Regular
158	158	Session, 2021, is repealed.
159	159	SECTION 6. The change in law made by this Act does not
160	160	constitute a material and substantial change of circumstances under
161	161	Section 156.401, Family Code, sufficient to warrant modification of
162	162	a court order or a portion of a decree that provides for the support
163	163	of a child rendered before the effective date of this Act.
164	164	SECTION 7. The change in law made by this Act applies to a
165	165	suit affecting the parent-child relationship that is pending in a
166	166	trial court on the effective date of this Act or that is filed on or
167	167	after the effective date of this Act.
168	168	SECTION 8. This Act takes effect September 1, 2023.