Bill Text: TX HB3309 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the conservatorship and possession of, and support for, a child in certain suits affecting the parent-child relationship.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-18 - Referred to Juvenile Justice & Family Issues [HB3309 Detail]

Download: Texas-2019-HB3309-Introduced.html

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86R2148 JSC-D
By: White H.B. No. 3309

A BILL TO BE ENTITLED
AN ACT
relating to the conservatorship and possession of, and support for,
a child in certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 102, Family Code, is amended by adding
Section 102.015 to read as follows:
Sec. 102.015. PROVISION OF PARENTING PLAN HANDBOOK. On the
filing of a petition involving the conservatorship or possession of
or access to a child, the court shall provide to each party to the
proceeding the parenting plan handbook developed under Section
153.008.
SECTION 2. Sections 153.007(a) and (b), Family Code, are
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 model provisions prescribed in the parenting plan
handbook developed under Section 153.008, variations from those
model provisions, or variations from the standard possession order.
(b) If the court finds that the agreed parenting plan is in
the child's best interest, the court shall render an order in
accordance with the parenting plan. In determining whether the
agreed parenting plan is in the child's best interest, the court
shall consider all relevant factors, including:
(1) the child's needs for frequent, continuing, and
meaningful contact with both parents and whether both parents agree
to facilitate that contact;
(2) the interaction and interrelationship of the child
with the child's parents, siblings, and any other member of the
child's household who may significantly affect the child's best
interests;
(3) the child's adjustment to the child's home,
school, and community; and
(4) the mental and physical health of the child and all
individuals involved in the parenting plan, including an
examination of any history of family violence, sexual assault or
abuse, child neglect or abuse, or other harmful behavior.
SECTION 3. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.008 to read as follows:
Sec. 153.008. PARENTING PLAN HANDBOOK. (a) The attorney
general shall develop a parenting plan handbook to assist parties
to a suit in arriving at an agreement for conservatorship and
possession of a child.
(b) The handbook must include:
(1) guidelines for creating and implementing a
parenting plan, including:
(A) the requirements for a joint managing
conservatorship parenting plan under Section 153.133; and
(B) alternative dispute resolution options; and
(2) various models of potential parenting plans that
could be used or adapted for use.
(c) To the greatest extent possible, the guidelines and
models developed under Subsection (b) must maximize each
conservator's period of possession of the child consistent with the
child's best interest.
(d) In developing the guidelines and models required by
Subsection (b), the attorney general may consult with any relevant
agency or other entity.
(e) The attorney general shall make the handbook available
online and provide paper copies on request to members of the public.
SECTION 4. Section 154.122, Family Code, is amended to read
as follows:
Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY
PRESUMED TO BE IN BEST INTEREST OF CHILD. (a) Subject to
Subsection (b), the [The] amount of a periodic child support
payment established by the child support guidelines in effect in
this state at the time of the hearing is presumed to be reasonable,
and an order of support conforming to the guidelines is presumed to
be in the best interest of the child.
(b) Before entering an order of support conforming to the
guidelines, a [A] court must [may] determine whether [that] the
application of the guidelines would be unjust or inappropriate
under the circumstances. In making the determination, a court
shall consider the financial resources available to each parent of
the child and each other relevant factor, including the factors
specified by Section 154.123(b).
SECTION 5. The attorney general shall develop and make
available the parenting plan handbook required by Section 153.008,
Family Code, as added by this Act, not later than December 1, 2019.
SECTION 6. (a) A court is not required to comply with
Section 102.015, Family Code, as added by this Act, before January
1, 2020.
(b) Sections 153.007 and 154.122, Family Code, as amended by
this Act, apply only to an original suit affecting the parent-child
relationship commenced on or after January 1, 2020. A suit filed
before that date is governed by the law in effect on the date the
suit was filed, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2019.