Texas 2025 - 89th Regular

Texas House Bill HB1915 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4379 MLH-F
2	2	By: Cook H.B. No. 1915
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to orders for possession of and access to a child in a suit
10	10	affecting the parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 153.253, Family Code, is amended to read
13	13	as follows:
14	14	Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR
15	15	UNWORKABLE. The court shall render an order that grants periods of
16	16	possession of the child as similar as possible to those provided by
17	17	the standard possession order if the work schedule or other special
18	18	circumstances of the managing conservator, the possessory
19	19	conservator, or the child, or the year-round school schedule of the
20	20	child, make the standard possession order unworkable or
21	21	inappropriate.
22	22	SECTION 2. Section 153.254, Family Code, is amended by
23	23	amending Subsection (a) and adding Subsections (b) and (c) to read
24	24	as follows:
25	25	(a) The court shall render an order appropriate under the
26	26	circumstances for possession of a child less than three years of
27	27	age. In rendering the order, the court shall consider evidence of
28	28	all relevant factors, including:
29	29	(1) the preexisting parent-child relationship,
30	30	including whether there has been minimal or inconsistent contact
31	31	with the child and the child's siblings, if applicable [caregiving
32	32	provided to the child before and during the current suit];
33	33	(2) [the effect on the child that may result from
34	34	separation from either party;
35	35	[(3)] the personal availability of the parties as
36	36	caregivers [and the willingness of the parties to personally care
37	37	for the child];
38	38	(3) [(4)] the present and immediate physical,
39	39	medical, behavioral, or [and] developmental needs of the child;
40	40	(4) any [(5) the] physical, medical, behavioral
41	41	[emotional], economic, or [and] social conditions of the parties;
42	42	(5) [(6)] the impact and influence of each individual
43	43	residing in a residence with a party to the suit or having
44	44	considerable interaction with the child [individuals, other than
45	45	the parties, who will be present] during a party's periods of
46	46	possession;
47	47	(6) the present and proposed environments in which
48	48	possession and access has occurred or is to occur;
49	49	(7) the presence or absence of siblings during periods
50	50	of possession;
51	51	(8) the child's need to develop healthy attachments to
52	52	each party, if possible [both parents];
53	53	(9) the child's need for continuity of routine;
54	54	(10) the location and proximity of the residences of
55	55	the parties;
56	56	(11) the need for a graduated [temporary] possession
57	57	schedule when there has been [that incrementally shifts to the
58	58	schedule provided in the prospective order under Subsection (d)
59	59	based on:
60	60	[(A) the age of the child; or
61	61	[(B)] minimal or inconsistent contact with the
62	62	child [by a party];
63	63	(12) the ability of the parties to share in the
64	64	responsibilities, rights, and duties of caring for the child
65	65	[parenting]; and
66	66	(13) any other issue consistent with [evidence of] the
67	67	best interest of the child, taking into consideration the
68	68	circumstances of the parties.
69	69	(b) The court shall render an order for periods of
70	70	possession of a child less than three years of age based on the
71	71	agreement of the parties, unless the court determines the agreement
72	72	is not in the best interest of the child.
73	73	(c) Section 153.258 applies to an order rendered under this
74	74	section.
75	75	SECTION 3. The heading to Section 153.258, Family Code, is
76	76	amended to read as follows:
77	77	Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
78	78	STANDARD POSSESSION ORDER.
79	79	SECTION 4. Section 153.258(a), Family Code, is amended to
80	80	read as follows:
81	81	(a) In all cases in which possession of a child by a parent
82	82	is contested and the possession of the child varies from the
83	83	standard possession order, including a possession order for a child
84	84	under three years of age, on request by a party, the court shall
85	85	state in writing the specific reasons for the variance from the
86	86	standard possession order.
87	87	SECTION 5. The changes in law made by this Act to Section
88	88	153.254, Family Code, apply only to a suit affecting the
89	89	parent-child relationship that is filed on or after the effective
90	90	date of this Act. A suit filed before the effective date of this Act
91	91	is governed by the law in effect on the date the suit is filed, and
92	92	the former law is continued in effect for that purpose.
93	93	SECTION 6. This Act takes effect September 1, 2025.