| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the beginning and ending possession times in certain |
|
|
standard possession orders 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 153.3171 to read as follows: |
|
|
Sec. 153.3171. BEGINNING AND ENDING POSSESSION TIMES FOR |
|
|
PARENTS WHO RESIDE 50 MILES OR LESS APART. (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)(C), (3), (4), (5), (6), |
|
|
(7)(C), and (8). |
|
|
(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 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. |
|
|
(c) On the request of a party, the court shall make findings |
|
|
of fact and conclusions of law regarding the order under this |
|
|
section. |
|
|
SECTION 2. Subchapter B, Chapter 231, Family Code, is |
|
|
amended by adding Section 231.1211 to read as follows: |
|
|
Sec. 231.1211. INFORMATIONAL MATERIALS ON STANDARD |
|
|
POSSESSION ORDER. (a) The Title IV-D agency shall create |
|
|
informational materials that describe the possession schedule |
|
|
under the standard possession order under Subchapter F, Chapter |
|
|
153, including any alternate schedules or elections available to |
|
|
conservators. |
|
|
(b) The Title IV-D agency shall make the informational |
|
|
materials described by Subsection (a) available on the agency's |
|
|
Internet website and distribute printed copies of those materials |
|
|
on request. |
|
|
SECTION 3. The enactment of this Act does not constitute a |
|
|
material and substantial change of circumstances sufficient to |
|
|
warrant modification of a court order or portion of a decree that |
|
|
provides for the possession of or access to a child rendered before |
|
|
the effective date of this Act. |
|
|
SECTION 4. 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 5. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |