Bill Text: TX HB1807 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to alternative times of possession under a standard possession order in a suit affecting the parent-child relationship.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-05-06 - Committee report sent to Calendars [HB1807 Detail]
Download: Texas-2019-HB1807-Comm_Sub.html
86R879 JSC-F | ||
By: Dutton, White | H.B. No. 1807 |
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relating to alternative 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. Subchapter F, Chapter 153, Family Code, is | ||
amended by adding Section 153.3115 to read as follows: | ||
Sec. 153.3115. RIGHT TO EXPANDED STANDARD POSSESSION ORDER. | ||
(a) Unless the court finds that an expanded standard possession | ||
order under Section 153.317, or an election under that order, is not | ||
in the best interest of the child, a conservator may elect to | ||
increase the times of possession to which the conservator would | ||
otherwise be entitled under Sections 153.312, 153.314, and 153.315 | ||
by requesting an expanded standard possession order under Section | ||
153.317. | ||
(b) A conservator must make an election under Subsection | ||
(a): | ||
(1) before or at the time a possession order is | ||
rendered; or | ||
(2) if the conservators are parties to a mediated | ||
settlement agreement under Section 153.0071 or a collaborative | ||
family law settlement agreement under Chapter 15 that includes a | ||
possession order, before the conservator making the election signs | ||
that agreement. | ||
(c) An election under Subsection (a) may be made: | ||
(1) in a written document filed with the court; or | ||
(2) through an oral statement made in open court on the | ||
record. | ||
SECTION 2. Section 153.317, Family Code, is amended to read | ||
as follows: | ||
Sec. 153.317. EXPANDED STANDARD POSSESSION ORDER | ||
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the limitations prescribed by Section 153.3115 [ |
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described by [ |
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provide for increased times of possession for a conservator as a | ||
result of that conservator's election of one or more of the | ||
following alternative beginning and ending possession times for the | ||
described periods of that conservator's possession[ |
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(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): | ||
(A) [ |
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is dismissed for those vacations; | ||
(B) ending at the time the child's school resumes | ||
after those vacations; or | ||
(C) beginning at the time described by Paragraph | ||
(A) and ending at the time described by Paragraph (B); | ||
(4) for Christmas school vacation periods of | ||
possession: | ||
(A) under Section 153.314(1), beginning at the | ||
time the child's school is dismissed for the vacation; or | ||
(B) under Section 153.314(2), ending at the time | ||
the child's school resumes after the vacation; | ||
(5) for Thanksgiving holiday periods of possession | ||
under Section 153.314(3): | ||
(A) [ |
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is dismissed for the holiday; | ||
(B) ending at the time the child's school resumes | ||
after the holiday; or | ||
(C) beginning at the time described by Paragraph | ||
(A) and ending at the time described by Paragraph (B); | ||
(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); or | ||
(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. | ||
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SECTION 3. The change in law made by this Act applies only | ||
to a suit affecting the parent-child relationship pending before a | ||
court on or filed on or after the effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |