Bill Text: TX HB3414 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to alternative equal access times of possession under a standard possession order in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-05-08 - Committee report sent to Calendars [HB3414 Detail]
Download: Texas-2019-HB3414-Comm_Sub.html
86R7046 JSC-F | ||
By: Sanford, Flynn | H.B. No. 3414 |
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relating to alternative equal access 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. Subchapter F, Chapter 153, Family Code, is | ||
amended by adding Section 153.3115 to read as follows: | ||
Sec. 153.3115. RIGHT TO ALTERNATIVE EQUAL ACCESS STANDARD | ||
POSSESSION ORDER. (a) Unless the court finds that an alternative | ||
equal access standard possession order under Section 153.318, or an | ||
election under that order, is not in the best interest of the child, | ||
a conservator may elect to increase the times of possession to which | ||
the conservator would otherwise be entitled under Sections 153.312, | ||
153.314, and 153.315 by requesting an alternative equal access | ||
standard possession order under Section 153.318. | ||
(b) A conservator must make an election under Subsection (a) | ||
before or at the time a possession order is rendered. | ||
(c) An election under Subsection (a) may be made: | ||
(1) in a written document filed with the court; or | ||
(2) through an oral statement made in open court on the | ||
record. | ||
SECTION 2. Subchapter F, Chapter 153, Family Code, is | ||
amended by adding Section 153.318 to read as follows: | ||
Sec. 153.318. ALTERNATIVE EQUAL ACCESS POSSESSION ORDER. | ||
(a) If elected by a conservator under Section 153.3115 and subject | ||
to the limitations prescribed by that section, the court shall | ||
alter the standard possession order under Sections 153.312, | ||
153.314, and 153.315 to provide for increased times of possession | ||
as a result of that conservator's election under one of the | ||
following arrangements: | ||
(1) an arrangement under which each parent has | ||
possession of the child for one week at a time, alternating weeks of | ||
possession with the other parent; | ||
(2) an arrangement under which possession of the child | ||
alternates between the parents for succeeding two-day alternating | ||
periods followed by alternating five-day periods; or | ||
(3) an arrangement under which each parent has | ||
possession of the child under a schedule specified by the court or | ||
agreed to by the parties, provided that the schedule provides the | ||
child, as reasonably as possible, approximately equal access to | ||
both conservators. | ||
(b) If under an arrangement elected under Subsection (a), | ||
one parent is granted possession of the child for a greater number | ||
of days than the other parent in a year, the other parent must be | ||
granted possession of the child for that same number of days in the | ||
following year. | ||
(c) The holiday and vacation schedules prescribed by this | ||
subchapter apply to an arrangement elected under Subsection (a). | ||
(d) The parents may modify an arrangement elected under | ||
Subsection (a) or the holiday or vacation schedule by mutual | ||
agreement. | ||
(e) A period of possession that begins or ends on a Friday or | ||
a Sunday under an arrangement elected under Subsection (b) is | ||
subject to the possession period extensions provided by Section | ||
153.315. | ||
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, 2019. |