89R4896 AMF-D
By: Middleton S.B. No. 849
A BILL TO BE ENTITLED
AN ACT
relating to orders providing for the conservatorship of or
possession of and access to a child by the child's parents in a suit
affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 101, Family Code, is amended by adding
Section 101.0122 to read as follows:
Sec. 101.0122. EQUAL PARENTING ORDER. "Equal parenting
order" means an order that provides both parents of a child who are
joint managing conservators with rights of equal or nearly equal
periods of physical possession of and access to the child in
accordance with Section 153.135.
SECTION 2. Section 101.029, Family Code, is redesignated as
Section 101.0016, Family Code, and amended to read as follows:
Sec. 101.0016 [101.029]. ALTERNATIVE [STANDARD] POSSESSION
ORDER. "Alternative [Standard] possession order" means an order
that provides a parent with rights of possession of a child in
accordance with the terms and conditions of Subchapter F, Chapter
153.
SECTION 3. Section 105.001(g), Family Code, is amended to
read as follows:
(g) The rebuttable presumptions established in favor of the
application of the guidelines for a child support order and for the
equal parenting order or the alternative [standard] possession
order, as applicable, under Chapters 153 and 154 apply to temporary
orders. The presumptions do not limit the authority of the court to
render other temporary orders.
SECTION 4. Section 153.001(a), Family Code, is amended to
read as follows:
(a) The public policy of this state is to:
(1) assure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2) provide a safe, stable, and nonviolent environment
for the child; and
(3) encourage parents to share equally in the rights
and duties of raising their child after the parents have separated
or dissolved their marriage.
SECTION 5. Section 153.007(a), Family Code, is amended to
read as follows:
(a) To promote the amicable settlement of disputes between
the parties to a suit, the parties may enter into a written agreed
parenting plan containing provisions for conservatorship and
possession of the child and for modification of the parenting plan,
including variations from:
(1) equal or nearly equal periods of physical
possession as provided by an equal parenting order under Section
153.135; or
(2) the alternative [standard] possession order under
Subchapter F.
SECTION 6. Section 153.072, Family Code, is amended to read
as follows:
Sec. 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL
RIGHTS AND DUTIES. The court may limit the rights and duties of a
parent appointed as a conservator only if the court makes a written
finding that the limitation is in the best interest of the child.
SECTION 7. Section 153.131(b), Family Code, is amended to
read as follows:
(b) It is a rebuttable presumption that the appointment of
the parents of a child as joint managing conservators with rights of
equal or nearly equal periods of physical possession of and access
to the child is in the best interest of the child. A finding of a
history of family violence involving the parents of a child removes
the presumption under this subsection.
SECTION 8. Section 153.135, Family Code, is amended to read
as follows:
Sec. 153.135. EQUAL PARENTING ORDER FOR JOINT MANAGING
CONSERVATORS [POSSESSION NOT REQUIRED]. (a) Notwithstanding any
other provision of this chapter and except as otherwise provided by
this section, if the court renders an order under Section 153.134
appointing both parents of a child as joint [Joint] managing
conservators, the court shall render an equal parenting order
providing for [conservatorship does not require the award of] equal
or nearly equal periods of physical possession of and access to the
child to each of the managing [joint] conservators unless the court
determines and enters findings of fact on the record specifying
that:
(1) an equal parenting order is unworkable or
inappropriate due to the work schedule or other special
circumstances of a managing conservator or the child, or the school
schedule of the child; or
(2) equal or nearly equal periods of physical
possession and access are not in the best interest of the child.
(b) If the court determines under Subsection (a) that the
equal parenting order is unworkable or inappropriate or not in the
best interest of the child, the court may enter an alternative
possession order under Subchapter F, including an expanded
alternative possession order under Section 153.3171, if
applicable. If the court finds that the alternative possession
order is unworkable or inappropriate, the court may modify the
alternative possession order as provided by Section 153.253. If
the court finds that the alternative possession order is not in the
best interest of the child, the court may render an order that the
court finds to be in the best interest of the child considering the
guidelines established by the alternative possession order and the
factors provided by Section 153.256.
(c) The court shall render an order appropriate under the
circumstances for the possession of a child less than three years of
age, as provided by Section 153.254(a), which does not need to
provide equal or nearly equal periods of possession of or access to
a child to both joint managing conservators. The court shall render
a prospective order to take effect on the child's third birthday,
which presumptively will be an equal parenting order.
SECTION 9. The heading to Subchapter E, Chapter 153, Family
Code, is amended to read as follows:
SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT
NAMED AS POSSESSORY CONSERVATOR OR FOR THE MINIMUM POSSESSION FOR A
PARENT NAMED AS JOINT MANAGING CONSERVATOR
SECTION 10. Sections 153.251(a) and (d), Family Code, are
amended to read as follows:
(a) The guidelines established in the alternative
[standard] possession order are intended to guide the courts in
ordering the terms and conditions for possession of a child by a
parent named as a possessory conservator, or as the minimum
possession for a joint managing conservator if the court does not
render an equal parenting order under Section 153.135.
(d) The equal parenting and alternative [standard]
possession orders are [order is] designed to apply to a child three
years of age or older.
SECTION 11. Section 153.252, Family Code, is amended to
read as follows:
Sec. 153.252. REBUTTABLE PRESUMPTION. In a suit, there is a
rebuttable presumption that the alternative [standard] possession
order in Subchapter F[:
[(1)] provides reasonable minimum possession of a
child for a parent named as a:
(1) possessory conservator; or
(2) joint managing conservator, if the court does not
render an equal parenting order under Section 153.135[; and
[(2) is in the best interest of the child].
SECTION 12. Section 153.253, Family Code, is amended to
read as follows:
Sec. 153.253. EQUAL PARENTING OR ALTERNATIVE [STANDARD]
POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. The court shall
render an order that grants periods of possession of the child as
similar as possible to those provided by:
(1) the equal parenting order if the work schedule or
other special circumstances of a parent who is a joint managing
conservator or the child or the year-round school schedule of the
child make the equal parenting order unworkable or inappropriate;
or
(2) in circumstances other than those described by
Subdivision (1), the alternative [standard] possession order if the
work schedule or other special circumstances of the managing
conservator, the possessory conservator, or the child, or the
year-round school schedule of the child, make the alternative
possession [standard] order unworkable or inappropriate.
SECTION 13. Section 153.254(d), Family Code, is amended to
read as follows:
(d) The court shall render a prospective order to take
effect on the child's third birthday, which presumptively will be:
(1) if both parents are appointed as joint managing
conservators of the child, the equal parenting order; or
(2) in circumstances other than those described by
Subdivision (1), the alternative [standard] possession order.
SECTION 14. Section 153.255, Family Code, is amended to
read as follows:
Sec. 153.255. AGREEMENT. The court may render an order for
periods of possession of a child that vary from the equal parenting
order or the alternative [standard] possession order based on the
agreement of the parties.
SECTION 15. Section 153.256, Family Code, is amended to
read as follows:
Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
the terms of possession of a child under an order other than an
equal parenting order or an alternative [a standard] possession
order, the court shall be guided by the guidelines established by
the equal parenting order or the alternative [standard] possession
order, as applicable, and may consider:
(1) the age, developmental status, circumstances,
needs, and best interest of the child;
(2) the circumstances of the joint managing
conservators or of the managing conservator and of the parent named
as a possessory conservator; and
(3) any other relevant factor.
SECTION 16. The heading to Section 153.258, Family Code, is
amended to read as follows:
Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
EQUAL PARENTING [STANDARD] ORDER.
SECTION 17. Section 153.258(a), Family Code, is amended to
read as follows:
(a) In all cases in which possession of a child by a parent
is contested and the possession of the child varies from the equal
parenting [standard possession] order, including a possession
order for a child under three years of age, on request by a party,
the court shall state in writing the specific reasons for the
variance from the equal parenting [standard] order.
SECTION 18. The heading to Subchapter F, Chapter 153,
Family Code, is amended to read as follows:
SUBCHAPTER F. ALTERNATIVE [STANDARD] POSSESSION ORDER
SECTION 19. Section 153.3101, Family Code, is amended to
read as follows:
Sec. 153.3101. REFERENCE TO "SCHOOL" IN ALTERNATIVE
[STANDARD] POSSESSION ORDER. In an alternative [a standard]
possession order, "school" means the elementary or secondary school
in which the child is enrolled or, if the child is not enrolled in an
elementary or secondary school, the public school district in which
the child primarily resides.
SECTION 20. Section 153.311, Family Code, is amended to
read as follows:
Sec. 153.311. MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
POSSESSION. The court shall specify in an alternative [a standard]
possession order that the parties may have possession of the child
at times mutually agreed to in advance by the parties and, in the
absence of mutual agreement, shall have possession of the child
under the specified terms set out in the alternative [standard]
possession order.
SECTION 21. Section 153.314, Family Code, is amended to
read as follows:
Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
PARENTS RESIDE APART. The following provisions govern possession
of the child for certain specific holidays and supersede
conflicting weekend or Thursday periods of possession without
regard to the distance the parents reside apart. The possessory
conservator and the managing conservator shall have rights of
possession of the child as follows:
(1) the possessory conservator shall have possession
of the child in even-numbered years beginning at 6 p.m. on the day
the child is dismissed from school for the Christmas school
vacation and ending at noon on December 28, and the managing
conservator shall have possession for the same period in
odd-numbered years;
(2) the possessory conservator shall have possession
of the child in odd-numbered years beginning at noon on December 28
and ending at 6 p.m. on the day before school resumes after that
vacation, and the managing conservator shall have possession for
the same period in even-numbered years;
(3) the possessory conservator shall have possession
of the child in odd-numbered years, beginning at 6 p.m. on the day
the child is dismissed from school before Thanksgiving and ending
at 6 p.m. on the following Sunday, and the managing conservator
shall have possession for the same period in even-numbered years;
(4) the parent not otherwise entitled under this
alternative [standard] possession order to present possession of a
child on the child's birthday shall have possession of the child
beginning at 6 p.m. and ending at 8 p.m. on that day, provided that
the parent picks up the child from the residence of the conservator
entitled to possession and returns the child to that same place;
(5) if a conservator, the father shall have possession
of the child beginning at 6 p.m. on the Friday preceding Father's
Day and ending on Father's Day at 6 p.m., provided that, if he is not
otherwise entitled under this alternative [standard] possession
order to present possession of the child, he picks up the child from
the residence of the conservator entitled to possession and returns
the child to that same place; and
(6) if a conservator, the mother shall have possession
of the child beginning at 6 p.m. on the Friday preceding Mother's
Day and ending on Mother's Day at 6 p.m., provided that, if she is
not otherwise entitled under this alternative [standard]
possession order to present possession of the child, she picks up
the child from the residence of the conservator entitled to
possession and returns the child to that same place.
SECTION 22. Section 153.317(a), Family Code, is amended to
read as follows:
(a) If elected by a conservator, the court shall alter the
alternative [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);
(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;
(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;
(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;
(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;
(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);
(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
(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 23. Section 153.3171(a), Family Code, as amended by
Chapters 896 (H.B. 3203) and 967 (S.B. 1936), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and 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 alternative
[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)(C), (3), (4), (5), (6), (7)(C), (8), and (9).
SECTION 24. Section 153.601(4), Family Code, is amended to
read as follows:
(4) "Parenting plan" means the provisions of a final
court order that:
(A) set out rights and duties of a parent or a
person acting as a parent in relation to the child;
(B) provide for periods of possession of and
access to the child, which may be the terms set out in the equal
parenting order under Section 153.135 or the alternative [standard]
possession order under Subchapter F, and any amendments to the
[standard possession] order agreed to by the parties or found by the
court to be in the best interest of the child;
(C) provide for child support; and
(D) optimize the development of a close and
continuing relationship between each parent and the child.
SECTION 25. The heading to Section 231.1211, Family Code,
is amended to read as follows:
Sec. 231.1211. INFORMATIONAL MATERIALS ON EQUAL PARENTING
ORDER AND ALTERNATIVE [STANDARD] POSSESSION ORDER.
SECTION 26. Section 231.1211(a), Family Code, is amended to
read as follows:
(a) The Title IV-D agency shall create informational
materials that describe the equal parenting order under Section
153.135 and the possession schedule under the alternative
[standard] possession order under Subchapter F, Chapter 153,
including any modified [alternate] schedules or elections
available to conservators.
SECTION 27. The enactment of this Act does not constitute a
material and substantial change of circumstances sufficient to
warrant modification of a court order or portion of a decree that
provides for the possession of or access to a child rendered before
the effective date of this Act.
SECTION 28. 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 29. This Act takes effect September 1, 2025.