Bill Text: TX HB845 | 2013-2014 | 83rd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to possession of or access to a child.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB845 Detail]
Download: Texas-2013-HB845-Comm_Sub.html
Bill Title: Relating to possession of or access to a child.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB845 Detail]
Download: Texas-2013-HB845-Comm_Sub.html
By: Lucio III (Senate Sponsor - West) | H.B. No. 845 | |
(In the Senate - Received from the House April 22, 2013; | ||
April 22, 2013, read first time and referred to Committee on | ||
Jurisprudence; May 9, 2013, reported favorably by the following | ||
vote: Yeas 6, Nays 0; May 9, 2013, sent to printer.) |
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relating to possession of or access to a child. | ||
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 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 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 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 2. 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) 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; [ |
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(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; [ |
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(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; [ |
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(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. | ||
SECTION 3. Section 153.3162, Family Code, is repealed. | ||
SECTION 4. Sections 153.316 and 153.317, Family Code, as | ||
amended by this Act, apply 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 5. This Act takes effect September 1, 2013. | ||
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