Bill Text: TX HB5220 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to certain beginning and ending times of possession under a standard possession order in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-24 - Referred to Juvenile Justice & Family Issues [HB5220 Detail]
Download: Texas-2023-HB5220-Introduced.html
88R14994 MLH-F | ||
By: Ramos | H.B. No. 5220 |
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relating to certain beginning and ending 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. Section 153.312(a), Family Code, is amended to | ||
read as follows: | ||
(a) If the possessory conservator resides 100 miles or less | ||
from the primary residence of the child, the possessory conservator | ||
shall have the right to possession of the child as follows: | ||
(1) on weekends throughout the year beginning at the | ||
time the child's school is regularly dismissed [ |
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first, third, and fifth Friday of each month and ending at the time | ||
school typically resumes [ |
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and | ||
(2) on Thursdays of each week during the regular | ||
school term beginning at 6 p.m. and ending at 8 p.m., unless the | ||
court finds that visitation under this subdivision is not in the | ||
best interest of the child. | ||
SECTION 2. 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's [ |
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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 the school in which the | ||
child is enrolled; | ||
(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's [ |
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school resumes, the possessory conservator shall surrender the | ||
child to the managing conservator at the end of each period of | ||
possession at the school in which the child is enrolled; | ||
(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 resumes and for any reason the child is not | ||
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 3. Section 153.317(a), Family Code, is amended to | ||
read as follows: | ||
(a) If elected by a conservator, the court shall alter the | ||
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) [ |
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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); | ||
(2) [ |
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under Section 153.312(b)(1), beginning at the time the child's | ||
school is dismissed for those vacations; | ||
(3) [ |
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possession under Section 153.314(1), beginning at the time the | ||
child's school is dismissed for the vacation; | ||
(4) [ |
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possession under Section 153.314(3), beginning at the time the | ||
child's school is dismissed for the holiday; | ||
(5) [ |
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Section 153.314(5), ending at 8 a.m. on the Monday after Father's | ||
Day weekend; | ||
(6) [ |
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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); | ||
(7) [ |
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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 | ||
(8) [ |
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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 4. Section 153.3171(a), Family Code, as added by | ||
Chapter 896 (H.B. 3203), Acts of the 87th Legislature, Regular | ||
Session, 2021, is 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 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) [ |
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SECTION 5. Section 153.3171(a), Family Code, as added by | ||
Chapter 967 (S.B. 1936), Acts of the 87th Legislature, Regular | ||
Session, 2021, is repealed. | ||
SECTION 6. The change in law made by this Act does not | ||
constitute a material and substantial change of circumstances under | ||
Section 156.401, Family Code, sufficient to warrant modification of | ||
a court order or a portion of a decree that provides for the support | ||
of a child rendered before the effective date of this Act. | ||
SECTION 7. 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 8. This Act takes effect September 1, 2023. |