88R14994 MLH-F
By: Ramos H.B. No. 5220
A BILL TO BE ENTITLED
AN ACT
relating to certain beginning and ending times of possession under
a standard possession order in a suit affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.312(a), Family Code, is amended to
read as follows:
(a) If the possessory conservator resides 100 miles or less
from the primary residence of the child, the possessory conservator
shall have the right to possession of the child as follows:
(1) on weekends throughout the year beginning at the
time the child's school is regularly dismissed [6 p.m.] on the
first, third, and fifth Friday of each month and ending at the time
school typically resumes [6 p.m.] on the following Monday [Sunday];
and
(2) on Thursdays of each week during the regular
school term beginning at 6 p.m. and ending at 8 p.m., unless the
court finds that visitation under this subdivision is not in the
best interest of the child.
SECTION 2. Section 153.316, Family Code, is amended to read
as follows:
Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court
shall order the following general terms and conditions of
possession of a child to apply without regard to the distance
between the residence of a parent and the child:
(1) the managing conservator shall surrender the child
to the possessory conservator at the beginning of each period of the
possessory conservator's possession at the residence of the
managing conservator;
(2) if the possessory conservator's [conservator
elects to begin a] period of possession begins at the time the
child's school is regularly dismissed, the managing conservator
shall surrender the child to the possessory conservator at the
beginning of each period of possession at the school in which the
child is enrolled;
(3) the possessory conservator shall be ordered to do
one of the following:
(A) the possessory conservator shall surrender
the child to the managing conservator at the end of each period of
possession at the residence of the possessory conservator; or
(B) the possessory conservator shall return the
child to the residence of the managing conservator at the end of
each period of possession, except that the order shall provide that
the possessory conservator shall surrender the child to the
managing conservator at the end of each period of possession at the
residence of the possessory conservator if:
(i) at the time the original order or a
modification of an order establishing terms and conditions of
possession or access the possessory conservator and the managing
conservator lived in the same county, the possessory conservator's
county of residence remains the same after the rendition of the
order, and the managing conservator's county of residence changes,
effective on the date of the change of residence by the managing
conservator; or
(ii) the possessory conservator and
managing conservator lived in the same residence at any time during
a six-month period preceding the date on which a suit for
dissolution of the marriage was filed and the possessory
conservator's county of residence remains the same and the managing
conservator's county of residence changes after they no longer live
in the same residence, effective on the date the order is rendered;
(4) if the possessory conservator's [conservator
elects to end a] period of possession ends at the time the child's
school resumes, the possessory conservator shall surrender the
child to the managing conservator at the end of each period of
possession at the school in which the child is enrolled;
(5) each conservator shall return with the child the
personal effects that the child brought at the beginning of the
period of possession;
(6) either parent may designate a competent adult to
pick up and return the child, as applicable; a parent or a
designated competent adult shall be present when the child is
picked up or returned;
(7) a parent shall give notice to the person in
possession of the child on each occasion that the parent will be
unable to exercise that parent's right of possession for a
specified period;
(8) written notice, including notice provided by
electronic mail or facsimile, shall be deemed to have been timely
made if received or, if applicable, postmarked before or at the time
that notice is due; and
(9) if a conservator's time of possession of a child
ends at the time school resumes and for any reason the child is not
or will not be returned to school, the conservator in possession of
the child shall immediately notify the school and the other
conservator that the child will not be or has not been returned to
school.
SECTION 3. Section 153.317(a), Family Code, is amended to
read as follows:
(a) If elected by a conservator, the court shall alter the
standard possession order under Sections 153.312, 153.314, and
153.315 to provide for one or more of the following alternative
beginning and ending possession times for the described periods of
possession, unless the court finds that the election is not in the
best interest of the child:
(1) [for weekend periods of possession under Section
153.312(a)(1) during the regular school term:
[(A) beginning at the time the child's school is
regularly dismissed;
[(B) ending at the time the child's school
resumes after the weekend; or
[(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
[(2)] for Thursday periods of possession under Section
153.312(a)(2):
(A) beginning at the time the child's school is
regularly dismissed;
(B) ending at the time the child's school resumes
on Friday; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(2) [(3)] for spring vacation periods of possession
under Section 153.312(b)(1), beginning at the time the child's
school is dismissed for those vacations;
(3) [(4)] for Christmas school vacation periods of
possession under Section 153.314(1), beginning at the time the
child's school is dismissed for the vacation;
(4) [(5)] for Thanksgiving holiday periods of
possession under Section 153.314(3), beginning at the time the
child's school is dismissed for the holiday;
(5) [(6)] for Father's Day periods of possession under
Section 153.314(5), ending at 8 a.m. on the Monday after Father's
Day weekend;
(6) [(7)] for Mother's Day periods of possession under
Section 153.314(6):
(A) beginning at the time the child's school is
regularly dismissed on the Friday preceding Mother's Day;
(B) ending at the time the child's school resumes
after Mother's Day; or
(C) beginning at the time described by Paragraph
(A) and ending at the time described by Paragraph (B);
(7) [(8)] for weekend periods of possession that are
extended under Section 153.315(b) by a student holiday or teacher
in-service day that falls on a Friday, beginning at the time the
child's school is regularly dismissed on Thursday; or
(8) [(9)] for weekend periods of possession that are
extended under Section 153.315(a) by a student holiday or teacher
in-service day that falls on a Monday, ending at 8 a.m. Tuesday.
SECTION 4. Section 153.3171(a), Family Code, as added by
Chapter 896 (H.B. 3203), Acts of the 87th Legislature, Regular
Session, 2021, is amended to read as follows:
(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) [(2)(C)], (3), (4), (5), (6)(C) [(6)], (7)
[(7)(C)], and (8).
SECTION 5. Section 153.3171(a), Family Code, as added by
Chapter 967 (S.B. 1936), Acts of the 87th Legislature, Regular
Session, 2021, is repealed.
SECTION 6. The change in law made by this Act does not
constitute a material and substantial change of circumstances under
Section 156.401, Family Code, sufficient to warrant modification of
a court order or a portion of a decree that provides for the support
of a child rendered before the effective date of this Act.
SECTION 7. 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 8. This Act takes effect September 1, 2023.