Bill Summary – FastDemocracy

      
            88R22986 MLH-D
         
		By: Morales of Harris, Swanson, Garcia
            H.B. No. 120
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the terms and conditions of 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.  Section 153.316, Family Code, is amended to read 
         
            as follows:
         
                   Sec. 153.316.  GENERAL TERMS AND CONDITIONS.  The court 
         
            shall order the following general terms and conditions of 
         
            possession of a child to apply without regard to the distance 
         
            between the residence of a parent and the child:
         
                         (1)  the managing conservator shall surrender the child 
         
            to the possessory conservator at the beginning of each period of the 
         
            possessory conservator's possession at the residence of the 
         
            managing conservator;
         
                         (2)  if the possessory conservator elects to begin a 
         
            period of possession at the time the child's school is regularly 
         
            dismissed, the managing conservator shall surrender the child to 
         
            the possessory conservator at the beginning of each period of 
         
            possession at:
         
                               (A)  the school in which the child is enrolled; or
         
                               (B)  if the child is not physically attending 
         
            school:
         
                                     (i)  the managing conservator's residence, 
         
            unless:
         
                                           (a)  the exchanging parties agree on a 
         
            different location, in which event the child must be surrendered at 
         
            that location; or
         
                                           (b)  the court orders an exchange at a 
         
            specific location, in which event the child must be surrendered at 
         
            the location designated by the court; or
         
                                     (ii)  a location determined by a party who, 
         
            because of a finding under Section 105.006(c), is not required to 
         
            disclose the party's address to the other party or is protected from 
         
            the other party by an order rendered by the court, provided that the 
         
            location is recorded in the final order for possession of the child;
         
                         (3)  the possessory conservator shall be ordered to do 
         
            one of the following:
         
                               (A)  the possessory conservator shall surrender 
         
            the child to the managing conservator at the end of each period of 
         
            possession at the residence of the possessory conservator; or
         
                               (B)  the possessory conservator shall return the 
         
            child to the residence of the managing conservator at the end of 
         
            each period of possession, except that the order shall provide that 
         
            the possessory conservator shall surrender the child to the 
         
            managing conservator at the end of each period of possession at the 
         
            residence of the possessory conservator if:
         
                                     (i)  at the time the original order or a 
         
            modification of an order establishing terms and conditions of 
         
            possession or access the possessory conservator and the managing 
         
            conservator lived in the same county, the possessory conservator's 
         
            county of residence remains the same after the rendition of the 
         
            order, and the managing conservator's county of residence changes, 
         
            effective on the date of the change of residence by the managing 
         
            conservator; or
         
                                     (ii)  the possessory conservator and 
         
            managing conservator lived in the same residence at any time during 
         
            a six-month period preceding the date on which a suit for 
         
            dissolution of the marriage was filed and the possessory 
         
            conservator's county of residence remains the same and the managing 
         
            conservator's county of residence changes after they no longer live 
         
            in the same residence, effective on the date the order is rendered;
         
                         (4)  if the possessory conservator elects to end a 
         
            period of possession at the time the child's school resumes, the 
         
            possessory conservator shall surrender the child to the managing 
         
            conservator at the end of each period of possession at:
         
                               (A)  the school in which the child is enrolled; or
         
                               (B)  if the child is not physically attending 
         
            school:
         
                                     (i)  the possessory conservator's residence, 
         
            unless:
         
            Statutes affected: 
Introduced: Family Code 153.316 (Family Code 153)
House Committee Report: Family Code 153.316, Family Code 153.3171 (Family Code 153)
Engrossed: Family Code 153.316, Family Code 153.3171 (Family Code 153)

	88R22986 MLH-D

	By: Morales of Harris, Swanson, Garcia	H.B. No. 120



	A BILL TO BE ENTITLED
	AN ACT
	relating to the terms and conditions of 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. Section 153.316, Family Code, is amended to read
	as follows:
	Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court
	shall order the following general terms and conditions of
	possession of a child to apply without regard to the distance
	between the residence of a parent and the child:
	(1) the managing conservator shall surrender the child
	to the possessory conservator at the beginning of each period of the
	possessory conservator's possession at the residence of the
	managing conservator;
	(2) if the possessory conservator elects to begin a
	period of possession at the time the child's school is regularly
	dismissed, the managing conservator shall surrender the child to
	the possessory conservator at the beginning of each period of
	possession at:
	(A) the school in which the child is enrolled; or
	(B) if the child is not physically attending
	school:
	(i) the managing conservator's residence,
	unless:
	(a) the exchanging parties agree on a
	different location, in which event the child must be surrendered at
	that location; or
	(b) the court orders an exchange at a
	specific location, in which event the child must be surrendered at
	the location designated by the court; or
	(ii) a location determined by a party who,
	because of a finding under Section 105.006(c), is not required to
	disclose the party's address to the other party or is protected from
	the other party by an order rendered by the court, provided that the
	location is recorded in the final order for possession of the child;
	(3) the possessory conservator shall be ordered to do
	one of the following:
	(A) the possessory conservator shall surrender
	the child to the managing conservator at the end of each period of
	possession at the residence of the possessory conservator; or
	(B) the possessory conservator shall return the
	child to the residence of the managing conservator at the end of
	each period of possession, except that the order shall provide that
	the possessory conservator shall surrender the child to the
	managing conservator at the end of each period of possession at the
	residence of the possessory conservator if:
	(i) at the time the original order or a
	modification of an order establishing terms and conditions of
	possession or access the possessory conservator and the managing
	conservator lived in the same county, the possessory conservator's
	county of residence remains the same after the rendition of the
	order, and the managing conservator's county of residence changes,
	effective on the date of the change of residence by the managing
	conservator; or
	(ii) the possessory conservator and
	managing conservator lived in the same residence at any time during
	a six-month period preceding the date on which a suit for
	dissolution of the marriage was filed and the possessory
	conservator's county of residence remains the same and the managing
	conservator's county of residence changes after they no longer live
	in the same residence, effective on the date the order is rendered;
	(4) if the possessory conservator elects to end a
	period of possession at the time the child's school resumes, the
	possessory conservator shall surrender the child to the managing
	conservator at the end of each period of possession at:
	(A) the school in which the child is enrolled; or
	(B) if the child is not physically attending
	school:
	(i) the possessory conservator's residence,
	unless:
	Statutes affected: Introduced: Family Code 153.316 (Family Code 153) House Committee Report: Family Code 153.316, Family Code 153.3171 (Family Code 153) Engrossed: Family Code 153.316, Family Code 153.3171 (Family Code 153)