Bill Text: TX HB120 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the terms and conditions of a standard possession order in a suit affecting the parent-child relationship.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2023-05-09 - Referred to State Affairs [HB120 Detail]

Download: Texas-2023-HB120-Engrossed.html

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88R22986 MLH-D
By: Morales of Harris, Swanson, Garcia H.B. No. 120

A BILL TO BE ENTITLED
AN ACT
relating to the terms and conditions of 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 153.316, 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 elects to begin a
period of possession 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:
(A) the school in which the child is enrolled; or
(B) if the child is not physically attending
school:
(i) the managing conservator's residence,
unless:
(a) the exchanging parties agree on a
different location, in which event the child must be surrendered at
that location; or
(b) the court orders an exchange at a
specific location, in which event the child must be surrendered at
the location designated by the court; or
(ii) a location determined by a party who,
because of a finding under Section 105.006(c), is not required to
disclose the party's address to the other party or is protected from
the other party by an order rendered by the court, provided that the
location is recorded in the final order for possession of the child;
(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 elects to end a
period of possession 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:
(A) the school in which the child is enrolled; or
(B) if the child is not physically attending
school:
(i) the possessory conservator's residence,
unless:
(a) the exchanging parties agree on a
different location, in which event the child must be surrendered at
that location; or
(b) the court orders an exchange at a
specific location, in which event the child must be surrendered at
the location designated by the court; or
(ii) a location determined by a party who,
because of a finding under Section 105.006(c), is not required to
disclose the party's address to the other party or is protected from
the other party by an order rendered by the court, provided that the
location is recorded in the final order for possession of the child;
(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 is scheduled to resume [resumes] and [for
any reason] the child is not physically attending [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 2. Section 153.3171(b), Family Code, is amended to
read as follows:
(b) Subsection (a) does not apply if:
(1) the possessory conservator declines one or more of
the alternative beginning and ending possession times under
Subsection (a) in a written document filed with the court or through
an oral statement made in open court on the record;
(2) the court is denying, restricting, or limiting the
possessory conservator's possession of or access to the child in
the best interest of the child under Section 153.004; [or]
(3) the court has received information or a request
from a party that the court is required to consider that may result
in the denial, restriction, or limitation of the possessory
conservator's possession of or access to the child in the best
interest of the child under Section 153.004; or
(4) the court finds that one or more of the alternative
beginning and ending possession times under Subsection (a) are not
in the best interest of the child, including:
(A) because the distances between residences
make the possession schedule described by Subsection (a) unworkable
or inappropriate considering the circumstances of the parties or
the area in which the parties reside;
(B) because before the filing of the suit, the
possessory conservator did not frequently and continuously
exercise the rights and duties of a parent with respect to the
child; or
(C) for any other reason the court considers
relevant.
SECTION 3. The change in law made by this Act applies only
to a court order providing for possession of or access to a child
rendered on or after the effective date of this Act. A court order
rendered before the effective date of this Act is governed by the
law in effect on the date the order was rendered, and the former law
is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.