Texas 2025 - 89th Regular

Texas House Bill HB315 Compare Versions

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

Old	New	Differences
1	1	89R4113 KRM-D
2	2	By: Morales of Harris H.B. No. 315
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the terms and conditions of a standard possession order
10	10	in a suit affecting the parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 153.316, Family Code, is amended to read
13	13	as follows:
14	14	Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court
15	15	shall order the following general terms and conditions of
16	16	possession of a child to apply without regard to the distance
17	17	between the residence of a parent and the child:
18	18	(1) the managing conservator shall surrender the child
19	19	to the possessory conservator at the beginning of each period of the
20	20	possessory conservator's possession at the residence of the
21	21	managing conservator;
22	22	(2) if the possessory conservator elects to begin a
23	23	period of possession at the time the child's school is regularly
24	24	dismissed, the managing conservator shall surrender the child to
25	25	the possessory conservator at the beginning of each period of
26	26	possession at:
27	27	(A) the school in which the child is enrolled; or
28	28	(B) if the child is not physically attending
29	29	school:
30	30	(i) the managing conservator's residence;
31	31	(ii) a location agreed to by all parties; or
32	32	(iii) a location determined by a party who,
33	33	following a finding under Section 105.006(c), is not required to
34	34	disclose the party's address to the other party or is protected from
35	35	the other party by an order rendered by the court;
36	36	(3) the possessory conservator shall be ordered to do
37	37	one of the following:
38	38	(A) the possessory conservator shall surrender
39	39	the child to the managing conservator at the end of each period of
40	40	possession at the residence of the possessory conservator; or
41	41	(B) the possessory conservator shall return the
42	42	child to the residence of the managing conservator at the end of
43	43	each period of possession, except that the order shall provide that
44	44	the possessory conservator shall surrender the child to the
45	45	managing conservator at the end of each period of possession at the
46	46	residence of the possessory conservator if:
47	47	(i) at the time the original order or a
48	48	modification of an order establishing terms and conditions of
49	49	possession or access the possessory conservator and the managing
50	50	conservator lived in the same county, the possessory conservator's
51	51	county of residence remains the same after the rendition of the
52	52	order, and the managing conservator's county of residence changes,
53	53	effective on the date of the change of residence by the managing
54	54	conservator; or
55	55	(ii) the possessory conservator and
56	56	managing conservator lived in the same residence at any time during
57	57	a six-month period preceding the date on which a suit for
58	58	dissolution of the marriage was filed and the possessory
59	59	conservator's county of residence remains the same and the managing
60	60	conservator's county of residence changes after they no longer live
61	61	in the same residence, effective on the date the order is rendered;
62	62	(4) if the possessory conservator elects to end a
63	63	period of possession at the time the child's school resumes, the
64	64	possessory conservator shall surrender the child to the managing
65	65	conservator at the end of each period of possession at:
66	66	(A) the school in which the child is enrolled; or
67	67	(B) if the child is not physically attending
68	68	school:
69	69	(i) the possessory conservator's residence;
70	70	(ii) a location agreed to by all parties; or
71	71	(iii) a location determined by a party who,
72	72	following a finding under Section 105.006(c), is not required to
73	73	disclose the party's address to the other party or is protected from
74	74	the other party by an order rendered by the court;
75	75	(5) each conservator shall return with the child the
76	76	personal effects that the child brought at the beginning of the
77	77	period of possession;
78	78	(6) either parent may designate a competent adult to
79	79	pick up and return the child, as applicable; a parent or a
80	80	designated competent adult shall be present when the child is
81	81	picked up or returned;
82	82	(7) a parent shall give notice to the person in
83	83	possession of the child on each occasion that the parent will be
84	84	unable to exercise that parent's right of possession for a
85	85	specified period;
86	86	(8) written notice, including notice provided by
87	87	electronic mail or facsimile, shall be deemed to have been timely
88	88	made if received or, if applicable, postmarked before or at the time
89	89	that notice is due; and
90	90	(9) if a conservator's time of possession of a child
91	91	ends at the time school is scheduled to resume [resumes] and [for
92	92	any reason] the child is not physically attending [or will not be
93	93	returned to] school, the conservator in possession of the child
94	94	shall immediately notify [the school and] the other conservator
95	95	that the child will not be or has not been returned to school.
96	96	SECTION 2. The change in law made by this Act applies only
97	97	to a court order providing for possession of or access to a child
98	98	rendered on or after the effective date of this Act. A court order
99	99	rendered before the effective date of this Act is governed by the
100	100	law in effect on the date the order was rendered, and the former law
101	101	is continued in effect for that purpose.
102	102	SECTION 3. This Act takes effect September 1, 2025.