Bill Text: TX HB3203 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the standard possession order and alternative possession times in a suit affecting the parent-child relationship.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3203 Detail]
Download: Texas-2021-HB3203-Enrolled.html
H.B. No. 3203 |
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relating to the standard possession order and alternative | ||
possession times in a suit affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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; | ||
(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; | ||
(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; | ||
(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); [ |
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(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; or | ||
(9) for weekend periods of possession that are | ||
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 2. 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 3. 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 4. 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 5. 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 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3203 was passed by the House on May | ||
11, 2021, by the following vote: Yeas 140, Nays 3, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 3203 on May 28, 2021, by the following vote: Yeas 120, Nays 22, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3203 was passed by the Senate, with | ||
amendments, on May 25, 2021, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |