Bill Text: TX SB1936 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail]
Download: Texas-2021-SB1936-Engrossed.html
Bill Title: Relating to the beginning and ending possession times in certain standard possession orders in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1936 Detail]
Download: Texas-2021-SB1936-Engrossed.html
By: Hughes | S.B. No. 1936 |
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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. |