Bill Text: TX HB4381 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to requiring notice to parties in certain suits affecting the parent-child relationship of options for periods of possession of or access to a child under a standard possession order.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-03 - Committee report sent to Calendars [HB4381 Detail]
Download: Texas-2021-HB4381-Comm_Sub.html
87R20809 MLH-D | |||
By: White | H.B. No. 4381 | ||
Substitute the following for H.B. No. 4381: | |||
By: Swanson | C.S.H.B. No. 4381 |
|
||
|
||
relating to requiring notice to parties in certain suits affecting | ||
the parent-child relationship of options for periods of possession | ||
of or access to a child under a standard possession order. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.009, Family Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If the petition requests the establishment or | ||
modification of periods of possession of or access to a child, the | ||
citation must include notice of the options for periods of | ||
possession of or access to a child under a standard possession order | ||
under Subchapter F, Chapter 153, including notice that: | ||
(1) a conservator may elect one or more of the | ||
alternative beginning and ending possession times provided under | ||
Section 153.317, which the court must enter into the possession | ||
order unless the court finds that the election is not in the best | ||
interest of the child; and | ||
(2) an election described by Subdivision (1) may | ||
enable the conservator to substantially increase the conservator's | ||
periods of possession and adapt the possession schedule based on | ||
the needs of the conservator and the child. | ||
SECTION 2. Section 102.0091, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A waiver filed in a suit in which the filed petition | ||
requests the establishment or modification of periods of possession | ||
of or access to a child must include an acknowledgment that the | ||
waiving party is aware of the alternative beginning and ending | ||
possession times provided under Section 153.317. | ||
SECTION 3. Section 154.022, Civil Practice and Remedies | ||
Code, is amended by adding Subsection (a-1) to read as follows: | ||
(a-1) If a pending dispute concerns the establishment or | ||
modification of periods of possession of or access to a child, the | ||
notification must include notice of the alternative beginning and | ||
ending times for possession of or access to a child under Section | ||
153.317, Family Code. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit affecting the parent-child | ||
relationship filed before that date is governed by the law in effect | ||
on the date the suit was filed, and that law is continued in effect | ||
for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2021. |