H.B. No. 1012
 
 
 
 
AN ACT
  relating to the conservatorship or possession of, or access to, a
  child in a suit affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.0045(b), Family Code, is amended to
  read as follows:
         (b)  Access to a child by a sibling of the child is governed
  by the standards established by Section 153.551 [Subchapter J,
  Chapter 153].
         SECTION 2.  Section 107.0511, Family Code, is amended by
  adding Subsections (g), (h), and (i) to read as follows:
         (g)  The minimum qualifications prescribed by this section
  do not apply to an individual who, before September 1, 2007:
               (1)  lived in a county that has a population of 500,000
  or more and is adjacent to two or more counties each of which has a
  population of 50,000 or more;
               (2)  received a four-year degree from an accredited
  institution of higher education;
               (3)  worked as a child protective services investigator
  for the Department of Family and Protective Services for at least
  four years;
               (4)  worked as a community supervision and corrections
  department officer; and
               (5)  conducted at least 100 social studies in the
  previous five years.
         (h)  A person described by Subsection (g) who performs a
  social study must:
               (1)  complete at least eight hours of family violence
  dynamics training provided by a family violence service provider;
  and
               (2)  participate annually in at least 15 hours of
  continuing education for child custody evaluators that meets the
  Model Standards of Practice for Child Custody Evaluation adopted
  by the Association of Family and Conciliation Courts as those
  standards existed May 1, 2009, or a later version of those standards
  if adopted by rule of the executive commissioner of the Health and
  Human Services Commission.
         (i)  Subsections (g) and (h) and this subsection expire
  September 1, 2017.
         SECTION 3.  Section 153.133, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Notwithstanding Subsection (a)(1), the court shall
  render an order adopting the provisions of a written agreed
  parenting plan appointing the parents as joint managing
  conservators if the parenting plan:
               (1)  meets all the requirements of Subsections (a)(2)
  through (6); and
               (2)  provides that the child's primary residence shall
  be within a specified geographic area.
         SECTION 4.  Subchapter F, Chapter 153, Family Code, is
  amended by adding Section 153.3101 to read as follows:
         Sec. 153.3101.  REFERENCE TO "SCHOOL" IN STANDARD POSSESSION
  ORDER. In a standard possession order, "school" means the primary
  or secondary school in which the child is enrolled or, if the child
  is not enrolled in a primary or secondary school, the public school
  district in which the child primarily resides.
         SECTION 5.  Section 153.311, Family Code, is amended to read
  as follows:
         Sec. 153.311.  MUTUAL AGREEMENT OR SPECIFIED TERMS FOR
  POSSESSION. The court shall specify in a standard possession order
  that the parties may have possession of the child at times mutually
  agreed to in advance by the parties and, in the absence of mutual
  agreement, shall have possession of the child under the specified
  terms set out in the standard possession order.
         SECTION 6.  Section 153.312, Family Code, is amended to read
  as follows:
         Sec. 153.312.  PARENTS WHO RESIDE 100 MILES OR LESS APART.
  (a) If the possessory conservator resides 100 miles or less from
  the primary residence of the child, the possessory conservator
  shall have the right to possession of the child as follows:
               (1)  on weekends throughout the year beginning at 6
  p.m. on the first, third, and fifth Friday of each month and ending
  at 6 p.m. on the following Sunday [except that, at the possessory
  conservator's election made before or at the time of the rendition
  of the original or modification order, and as specified in the
  original or modification order, the weekend periods of possession
  specified by this subdivision that occur during the regular school
  term shall begin at the time the child's school is regularly
  dismissed and end at 6 p.m. on the following Sunday]; and
               (2)  on Thursdays of each week during the regular
  school term beginning at 6 p.m. and ending at 8 p.m.[, or, at the
  possessory conservator's election made before or at the time of the
  rendition of the original or modification order, and as specified
  in the original or modification order, beginning at the time the
  child's school is regularly dismissed and ending at the time the
  child's school resumes], unless the court finds that visitation
  under this subdivision is not in the best interest of the child.
         (b)  The following provisions govern possession of the child
  for vacations and certain specific holidays and supersede
  conflicting weekend or Thursday periods of possession. The
  possessory conservator and the managing conservator shall have
  rights of possession of the child as follows:
               (1)  the possessory conservator shall have possession
  in even-numbered years, beginning at 6 p.m. on the day the child is
  dismissed from school for the school's spring vacation and ending
  at 6 p.m. on the day before school resumes after that vacation, and
  the managing conservator shall have possession for the same period
  in odd-numbered years;
               (2)  if a possessory conservator:
                     (A)  gives the managing conservator written
  notice by April 1 of each year specifying an extended period or
  periods of summer possession, the possessory conservator shall have
  possession of the child for 30 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day; or
                     (B)  does not give the managing conservator
  written notice by April 1 of each year specifying an extended period
  or periods of summer possession, the possessory conservator shall
  have possession of the child for 30 consecutive days beginning at 6
  p.m. on July 1 and ending at 6 p.m. on July 31;
               (3)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year, the managing
  conservator shall have possession of the child on any one weekend
  beginning Friday at 6 p.m. and ending at 6 p.m. on the following
  Sunday during one period of possession by the possessory
  conservator under Subdivision (2), provided that the managing
  conservator picks up the child from the possessory conservator and
  returns the child to that same place; and
               (4)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year or gives the
  possessory conservator 14 days' written notice on or after April 16
  of each year, the managing conservator may designate one weekend
  beginning not earlier than the day after the child's school is
  dismissed for the summer vacation and ending not later than seven
  days before school resumes at the end of the summer vacation, during
  which an otherwise scheduled weekend period of possession by the
  possessory conservator will not take place, provided that the
  weekend designated does not interfere with the possessory
  conservator's period or periods of extended summer possession or
  with Father's Day if the possessory conservator is the father of the
  child.
         SECTION 7.  Section 153.313, Family Code, is amended to read
  as follows:
         Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART. If
  the possessory conservator resides more than 100 miles from the
  residence of the child, the possessory conservator shall have the
  right to possession of the child as follows:
               (1)  either regular weekend possession beginning on the
  first, third, and fifth Friday as provided under the terms
  applicable to parents who reside 100 miles or less apart or not more
  than one weekend per month of the possessory conservator's choice
  beginning at 6 p.m. on the day school recesses for the weekend and
  ending at 6 p.m. on the day before school resumes after the weekend,
  provided that the possessory conservator gives the managing
  conservator 14 days' written or telephonic notice preceding a
  designated weekend, and provided that the possessory conservator
  elects an option for this alternative period of possession by
  written notice given to the managing conservator within 90 days
  after the parties begin to reside more than 100 miles apart, as
  applicable;
               (2)  each year beginning at 6 p.m. on the day the child
  is dismissed from school for the school's spring vacation and
  ending at 6 p.m. on the day before school resumes after that
  vacation;
               (3)  if the possessory conservator:
                     (A)  gives the managing conservator written
  notice by April 1 of each year specifying an extended period or
  periods of summer possession, the possessory conservator shall have
  possession of the child for 42 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day; or
                     (B)  does not give the managing conservator
  written notice by April 1 of each year specifying an extended period
  or periods of summer possession, the possessory conservator shall
  have possession of the child for 42 consecutive days beginning at 6
  p.m. on June 15 and ending at 6 p.m. on July 27;
               (4)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year the managing
  conservator shall have possession of the child on one weekend
  beginning Friday at 6 p.m. and ending at 6 p.m. on the following
  Sunday during one period of possession by the possessory
  conservator under Subdivision (3), provided that if a period of
  possession by the possessory conservator exceeds 30 days, the
  managing conservator may have possession of the child under the
  terms of this subdivision on two nonconsecutive weekends during
  that time period, and further provided that the managing
  conservator picks up the child from the possessory conservator and
  returns the child to that same place; and
               (5)  if the managing conservator gives the possessory
  conservator written notice by April 15 of each year, the managing
  conservator may designate 21 days beginning not earlier than the
  day after the child's school is dismissed for the summer vacation
  and ending not later than seven days before school resumes at the
  end of the summer vacation, to be exercised in not more than two
  separate periods of at least seven consecutive days each, with each
  period of possession beginning and ending at 6 p.m. on each
  applicable day, during which the possessory conservator may not
  have possession of the child, provided that the period or periods so
  designated do not interfere with the possessory conservator's
  period or periods of extended summer possession or with Father's
  Day if the possessory conservator is the father of the child.
         SECTION 8.  Section 153.314, Family Code, is amended to read
  as follows:
         Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
  PARENTS RESIDE APART. The following provisions govern possession
  of the child for certain specific holidays and supersede
  conflicting weekend or Thursday periods of possession without
  regard to the distance the parents reside apart. The possessory
  conservator and the managing conservator shall have rights of
  possession of the child as follows:
               (1)  the possessory conservator shall have possession
  of the child in even-numbered years beginning at 6 p.m. on the day
  the child is dismissed from school for the Christmas school
  vacation and ending at noon on December 28, and the managing
  conservator shall have possession for the same period in
  odd-numbered years;
               (2)  the possessory conservator shall have possession
  of the child in odd-numbered years beginning at noon on December 28
  and ending at 6 p.m. on the day before school resumes after that
  vacation, and the managing conservator shall have possession for
  the same period in even-numbered years;
               (3)  the possessory conservator shall have possession
  of the child in odd-numbered years, beginning at 6 p.m. on the day
  the child is dismissed from school before Thanksgiving and ending
  at 6 p.m. on the following Sunday, and the managing conservator
  shall have possession for the same period in even-numbered years;
               (4)  the parent not otherwise entitled under this
  standard possession order to present possession of a child on the
  child's birthday shall have possession of the child beginning at 6
  p.m. and ending at 8 p.m. on that day, provided that the parent
  picks up the child from the residence of the conservator entitled to
  possession and returns the child to that same place;
               (5)  if a conservator, the father shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Father's
  Day and ending on Father's Day at 6 p.m., provided that, if he is not
  otherwise entitled under this standard possession order to present
  possession of the child, he picks up the child from the residence of
  the conservator entitled to possession and returns the child to
  that same place; and
               (6)  if a conservator, the mother shall have possession
  of the child beginning at 6 p.m. on the Friday preceding Mother's
  Day and ending on Mother's Day at 6 p.m., provided that, if she is
  not otherwise entitled under this standard possession order to
  present possession of the child, she picks up the child from the
  residence of the conservator entitled to possession and returns the
  child to that same place.
         SECTION 9.  Section 153.315, Family Code, is amended to read
  as follows:
         Sec. 153.315.  WEEKEND POSSESSION EXTENDED BY HOLIDAY. (a)
  If a weekend period of possession of the possessory conservator
  coincides with a student [school] holiday or teacher in-service day
  that falls on a Monday during the regular school term, as determined
  by the school in which the child is enrolled, or with a federal,
  state, or local holiday that falls on a Monday during the summer
  months in which school is not in session, the weekend possession
  shall end at 6 p.m. on [a] Monday [holiday or school holiday or
  shall begin at 6 p.m. Thursday for a Friday holiday or school
  holiday, as applicable].
         (b)  If a weekend period of possession of the possessory
  conservator coincides with a student holiday or teacher in-service
  day that falls on a Friday during the regular school term, as
  determined by the school in which the child is enrolled, or with a
  federal, state, or local holiday that falls on a Friday during the
  summer months in which school is not in session, the weekend
  possession shall begin at 6 p.m. on Thursday [At the possessory
  conservator's election, made before or at the time of the rendition
  of the original or modification order, and as specified in the
  original or modification order, periods of possession extended by a
  holiday may begin at the time the child's school is regularly
  dismissed].
         SECTION 10.  Section 153.317, Family Code, is amended to
  read as follows:
         Sec. 153.317.  ALTERNATIVE BEGINNING AND ENDING POSSESSION
  TIMES. (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; or
                     (B)  ending at the time the child's school resumes
  after the weekend;
               (2)  for Thursday periods of possession under Section
  153.312(a)(2):
                     (A)  beginning at the time the child's school is
  regularly dismissed; or
                     (B)  ending at the time the child's school resumes
  on Friday;
               (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; or
                     (B)  ending at the time the child's school resumes
  after Mother's Day; or
               (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.
         (b)  A conservator must make an election under Subsection (a)
  before or at the time of the rendition of a possession order. The
  election 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. [If a child is enrolled in school and the possessory
  conservator elects before or at the time of the rendition of the
  original or modification order, the standard order must expressly
  provide that the possessory conservator's period of possession
  shall begin or end, or both, at a different time expressly set in
  the standard order under and within the range of alternative times
  provided by one or both of the following subdivisions:
               [(1)     instead of a period of possession by a possessory
  conservator beginning at 6 p.m. on the day school recesses, the
  period of possession may be set in the standard possession order to
  begin at the time the child's school is regularly dismissed or at
  any time between the time the child's school is regularly dismissed
  and 6 p.m.; and
               [(2)     except for Thursday evening possession, instead
  of a period of possession by a possessory conservator ending at 6
  p.m. on the day before school resumes, the period of possession may
  be set in the standard order to end at the time school resumes.]
         SECTION 11.  Section 153.432, Family Code, is amended by
  adding a new Subsection (c) to read as follows:
         (c)  In a suit described by Subsection (a), the person filing
  the suit must execute and attach an affidavit on knowledge or belief
  that contains, along with supporting facts, the allegation that
  denial of possession of or access to the child by the petitioner
  would significantly impair the child's physical health or emotional
  well-being. The court shall deny the relief sought and dismiss the
  suit unless the court determines that the facts stated in the
  affidavit, if true, would be sufficient to support the relief
  authorized under Section 153.433.
         SECTION 12.  Section 153.433, Family Code, is amended to
  read as follows:
         Sec. 153.433.  POSSESSION OF OR ACCESS TO GRANDCHILD. (a)
  The court may [shall] order reasonable possession of or access to a
  grandchild by a grandparent if:
               (1)  at the time the relief is requested, at least one
  biological or adoptive parent of the child has not had that parent's
  parental rights terminated;
               (2)  the grandparent requesting possession of or access
  to the child overcomes the presumption that a parent acts in the
  best interest of the parent's child by proving by a preponderance of
  the evidence that denial of possession of or access to the child
  would significantly impair the child's physical health or emotional
  well-being; and
               (3)  the grandparent requesting possession of or access
  to the child is a parent of a parent of the child and that parent of
  the child:
                     (A)  has been incarcerated in jail or prison
  during the three-month period preceding the filing of the petition;
                     (B)  has been found by a court to be incompetent;
                     (C)  is dead; or
                     (D)  does not have actual or court-ordered
  possession of or access to the child.
         (b)  An order granting possession of or access to a child by a
  grandparent that is rendered over a parent's objections must state,
  with specificity that:
               (1)  at the time the relief was requested, at least one
  biological or adoptive parent of the child had not had that parent's
  parental rights terminated;
               (2)  the grandparent requesting possession of or access
  to the child has overcome the presumption that a parent acts in the
  best interest of the parent's child by proving by a preponderance of
  the evidence that the denial of possession of or access to the child
  would significantly impair the child's physical health or emotional
  well-being; and
               (3)  the grandparent requesting possession of or access
  to the child is a parent of a parent of the child and that parent of
  the child:
                     (A)  has been incarcerated in jail or prison
  during the three-month period preceding the filing of the petition;
                     (B)  has been found by a court to be incompetent;
                     (C)  is dead; or
                     (D)  does not have actual or court-ordered
  possession of or access to the child.
         SECTION 13.  Section 153.502, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  To determine whether there is a risk of the
  international abduction of a child by a parent of the child, the
  court shall consider evidence that the parent:
               (1)  has taken, enticed away, kept, withheld, or
  concealed a child in violation of another person's right of
  possession of or access to the child, unless the parent presents
  evidence that the parent believed in good faith that the parent's
  conduct was necessary to avoid imminent harm to the child or the
  parent;
               (2)  has previously threatened to take, entice away,
  keep, withhold, or conceal a child in violation of another person's
  right of possession of or access to the child;
               (3)  lacks financial reason to stay in the United
  States, including evidence that the parent is financially
  independent, is able to work outside of the United States, or is
  unemployed;
               (4)  has recently engaged in planning activities that
  could facilitate the removal of the child from the United States by
  the parent, including:
                     (A)  quitting a job;
                     (B)  selling a primary residence;
                     (C)  terminating a lease;
                     (D)  closing bank accounts;
                     (E)  liquidating other assets;
                     (F)  hiding or destroying documents;
                     (G)  applying for a passport or visa or obtaining
  other travel documents for the parent or the child; or
                     (H)  applying to obtain the child's birth
  certificate or school or medical records;
               (5)  has a history of domestic violence that the court
  is required to consider under Section 153.004; or
               (6)  has a criminal history or a history of violating
  court orders.
         (a-1)  In considering evidence of planning activities under
  Subsection (a)(4), the court also shall consider any evidence that
  the parent was engaging in those activities as a part of a safety
  plan to flee from family violence.
         SECTION 14.  Section 153.551, Family Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  A [The] sibling described by Subsection (a) [of a child]
  may request access to the child in a suit filed for the sole purpose
  of requesting the relief, without regard to whether the appointment
  of a managing conservator is an issue in the suit.
         (c)  The court shall order reasonable access to the child by
  the child's sibling described by Subsection (a) if the court finds
  that access is in the best interest of the child.
         SECTION 15.  The heading to Subchapter K, Chapter 153,
  Family Code, is amended to read as follows:
  SUBCHAPTER K. PARENTING PLAN, [AND] PARENTING COORDINATOR, AND
  PARENTING FACILITATOR
         SECTION 16.  Section 153.601, Family Code, is amended by
  amending Subdivision (3) and adding Subdivision (3-a) to read as
  follows:
               (3)  "Parenting coordinator" means an impartial third
  party:
                     (A)  who, regardless of the title by which the
  person is designated by the court, performs any function described
  by Section 153.606 in a suit; and
                     (B)  who:
                           (i)  is appointed under this subchapter by
  the court on its own motion or on a motion or agreement of the
  parties to assist parties in resolving parenting issues through
  confidential procedures; and
                           (ii)  is not appointed under another statute
  or a rule of civil procedure.
               (3-a)  "Parenting facilitator" means an impartial
  third party:
                     (A)  who, regardless of the title by which the
  person is designated by the court, performs any function described
  by Section 153.6061 in a suit; and
                     (B)  who:
                           (i)  is appointed under this subchapter by
  the court on its own motion or on a motion or agreement of the
  parties to assist parties in resolving parenting issues through
  procedures that are not confidential; and
                           (ii)  is not appointed under another statute
  or a rule of civil procedure.
         SECTION 17.  Section 153.605, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  In a suit affecting the parent-child relationship, the
  court may, on its own motion or on a motion or agreement of the
  parties, appoint a parenting coordinator or assign a domestic
  relations office under Chapter 203 to appoint an employee or other
  person to serve as parenting coordinator [to assist the parties in
  resolving parenting issues].
         (b)  The court may not appoint a parenting coordinator
  unless, after notice and hearing, the court makes a specific
  finding that:
               (1)  the case is a high-conflict case[;] or
               [(2)]  there is good cause shown for the appointment of
  a parenting coordinator and the appointment is in the best interest
  of any minor child in the suit; and
               (2)  the person appointed has the minimum
  qualifications required by Section 153.610, as documented by the
  person, unless those requirements have been waived by the court
  with the agreement of the parties in accordance with Section
  153.610(c).
         (d)  An individual appointed as a parenting coordinator may
  not serve in any nonconfidential capacity in the same case,
  including serving as an amicus attorney, guardian ad litem, or
  social study evaluator under Chapter 107, as a friend of the court
  under Chapter 202, or as a parenting facilitator under this
  subchapter.
         SECTION 18.  Subchapter K, Chapter 153, Family Code, is
  amended by adding Section 153.6051 to read as follows:
         Sec. 153.6051.  APPOINTMENT OF PARENTING FACILITATOR. (a)
  In a suit affecting the parent-child relationship, the court may,
  on its own motion or on a motion or agreement of the parties,
  appoint a parenting facilitator or assign a domestic relations
  office under Chapter 203 to appoint an employee or other person as a
  parenting facilitator.
         (b)  The court may not appoint a parenting facilitator
  unless, after notice and hearing, the court makes a specific
  finding that:
               (1)  the case is a high-conflict case or there is good
  cause shown for the appointment of a parenting facilitator and the
  appointment is in the best interest of any minor child in the suit;
  and
               (2)  the person appointed has the minimum
  qualifications required by Section 153.6101, as documented by the
  person.
         (c)  Notwithstanding any other provision of this subchapter,
  a party may at any time file a written objection to the appointment
  of a parenting facilitator on the basis of family violence having
  been committed by another party against the objecting party or a
  child who is the subject of the suit. After an objection is filed, a
  parenting facilitator may not be appointed unless, on the request
  of a party, a hearing is held and the court finds that a
  preponderance of the evidence does not support the objection. If a
  parenting facilitator is appointed, the court shall order
  appropriate measures be taken to ensure the physical and emotional
  safety of the party who filed the objection. The order may provide
  that the parties not be required to have face-to-face contact and
  that the parties be placed in separate rooms during the parenting
  facilitation.
         SECTION 19.  Section 153.606, Family Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsection (f) to
  read as follows:
         (a)  The court shall specify the duties of a parenting
  coordinator [must be specified] in the order appointing the
  parenting coordinator. The duties of the parenting coordinator are
  limited to matters that will aid the parties in:
               (1)  identifying disputed issues;
               (2)  reducing misunderstandings;
               (3)  clarifying priorities;
               (4)  exploring possibilities for problem solving;
               (5)  developing methods of collaboration in parenting;
               (6)  understanding parenting plans and reaching
  agreements about parenting issues to be included in a parenting
  plan; [and]
               (7)  complying with the court's order regarding
  conservatorship or possession of and access to the child;
               (8)  implementing parenting plans;
               (9)  obtaining training regarding problem solving,
  conflict management, and parenting skills; and
               (10)  settling disputes regarding parenting issues and
  reaching a proposed joint resolution or statement of intent
  regarding those disputes.
         (c)  The parenting coordinator may not modify any order,
  judgment, or decree. [If a suit is pending, any agreement made by
  the parties with the assistance of the parenting coordinator must
  be reduced to writing, signed by the parties and their attorneys, if
  any, and filed with the court.]
         (d)  Meetings between the parenting coordinator and the
  parties may be informal and are not required to follow any specific
  procedures unless otherwise provided by this subchapter.
         (f)  A parenting coordinator appointed under this subchapter
  shall comply with the Ethical Guidelines for Mediators as adopted
  by the Supreme Court of Texas (Misc. Docket No. 05-9107, June 13,
  2005). On request by the court, the parties, or the parties'
  attorneys, the parenting coordinator shall sign a statement of
  agreement to comply with those guidelines and submit the statement
  to the court on acceptance of the appointment. A failure to comply
  with the guidelines is grounds for removal of the parenting
  coordinator.
         SECTION 20.  Subchapter K, Chapter 153, Family Code, is
  amended by adding Section 153.6061 to read as follows:
         Sec. 153.6061.  DUTIES OF PARENTING FACILITATOR. (a) The
  court shall specify the duties of a parenting facilitator in the
  order appointing the parenting facilitator. The duties of the
  parenting facilitator are limited to those matters described with
  regard to a parenting coordinator under Section 153.606(a), except
  that the parenting facilitator may also monitor compliance with
  court orders.
         (b)  A parenting facilitator appointed under this subchapter
  shall comply with the standard of care applicable to the
  professional license held by the parenting facilitator in
  performing the parenting facilitator's duties.
         (c)  The appointment of a parenting facilitator does not
  divest the court of:
               (1)  the exclusive jurisdiction to determine issues of
  conservatorship, support, and possession of and access to the
  child; and
               (2)  the authority to exercise management and control
  of the suit.
         (d)  The parenting facilitator may not modify any order,
  judgment, or decree.
         (e)  Meetings between the parenting facilitator and the
  parties may be informal and are not required to follow any specific
  procedures unless otherwise provided by this subchapter or the
  standards of practice of the professional license held by the
  parenting facilitator.
         SECTION 21.  Section 153.607, Family Code, is amended to
  read as follows:
         Sec. 153.607.  PRESUMPTION OF GOOD FAITH; REMOVAL OF
  PARENTING COORDINATOR. (a) It is a rebuttable presumption that a
  parenting coordinator is acting in good faith if the parenting
  coordinator's services have been conducted as provided by this
  subchapter and the Ethical Guidelines for Mediators described by
  Section 153.606(f).
         (a-1)  Except as otherwise provided by this section, the
  court may [shall reserve the right to] remove the parenting
  coordinator in the court's discretion.
         (b)  The court shall remove the parenting coordinator:
               (1)  on the request and agreement of all [both]
  parties; [or]
               (2)  on the request of the parenting coordinator;
               (3)  on the motion of a party, if good cause is shown;
  or
               (4)  if the parenting coordinator ceases to satisfy the
  minimum qualifications required by Section 153.610.
         SECTION 22.  Subchapter K, Chapter 153, Family Code, is
  amended by adding Sections 153.6071, 153.6081, 153.6082, 153.6083,
  and 153.6091 to read as follows:
         Sec. 153.6071.  PRESUMPTION OF GOOD FAITH; REMOVAL OF
  PARENTING FACILITATOR. (a) It is a rebuttable presumption that a
  parenting facilitator is acting in good faith if the parenting
  facilitator's services have been conducted as provided by this
  subchapter and the standard of care applicable to the professional
  license held by the parenting facilitator.
         (b)  Except as otherwise provided by this section, the court
  may remove the parenting facilitator in the court's discretion.
         (c)  The court shall remove the parenting facilitator:
               (1)  on the request and agreement of all parties;
               (2)  on the request of the parenting facilitator;
               (3)  on the motion of a party, if good cause is shown;
  or
               (4)  if the parenting facilitator ceases to satisfy the
  minimum qualifications required by Section 153.6101.
         Sec. 153.6081.  REPORT OF PARENTING FACILITATOR. A
  parenting facilitator shall submit a written report to the court
  and to the parties as ordered by the court. The report may include a
  recommendation described by Section 153.6082(e) and any other
  information required by the court, except that the report may not
  include recommendations regarding the conservatorship of or the
  possession of or access to the child who is the subject of the suit.
         Sec. 153.6082.  REPORT OF JOINT PROPOSAL OR STATEMENT OF
  INTENT; AGREEMENTS AND RECOMMENDATIONS. (a) If the parties have
  been ordered by the court to attempt to settle parenting issues with
  the assistance of a parenting coordinator or parenting facilitator
  and to attempt to reach a proposed joint resolution or statement of
  intent regarding the dispute, the parenting coordinator or
  parenting facilitator, as applicable, shall submit a written report
  describing the parties' joint proposal or statement to the parties,
  any attorneys for the parties, and any attorney for the child who is
  the subject of the suit.
         (b)  The proposed joint resolution or statement of intent is
  not an agreement unless the resolution or statement is:
               (1)  prepared by the parties' attorneys, if any, in a
  form that meets the applicable requirements of:
                     (A)  Rule 11, Texas Rules of Civil Procedure;
                     (B)  a mediated settlement agreement described by
  Section 153.0071;
                     (C)  a collaborative law agreement described by
  Section 153.0072;
                     (D)  a settlement agreement described by Section
  154.071, Civil Practice and Remedies Code; or
                     (E)  a proposed court order; and
               (2)  incorporated into an order signed by the court.
         (c)  A parenting coordinator or parenting facilitator may
  not draft a document listed in Subsection (b)(1).
         (d)  The actions of a parenting coordinator or parenting
  facilitator under this section do not constitute the practice of
  law.
         (e)  If the parties have been ordered by the court to attempt
  to settle parenting issues with the assistance of a parenting
  facilitator and are unable to settle those issues, the parenting
  facilitator may make recommendations, other than recommendations
  regarding the conservatorship of or possession of or access to the
  child, to the parties and attorneys to implement or clarify
  provisions of an existing court order that are consistent with the
  substantive intent of the court order and in the best interest of
  the child who is the subject of the suit. A recommendation
  authorized by this subsection does not affect the terms of an
  existing court order.
         Sec. 153.6083.  COMMUNICATIONS AND RECORDKEEPING OF
  PARENTING FACILITATOR. (a) Notwithstanding any rule, standard of
  care, or privilege applicable to the professional license held by a
  parenting facilitator, a communication made by a participant in
  parenting facilitation is subject to disclosure and may be offered
  in any judicial or administrative proceeding, if otherwise
  admissible under the rules of evidence. The parenting facilitator
  may be required to testify in any proceeding relating to or arising
  from the duties of the parenting facilitator, including as to the
  basis for any recommendation made to the parties that arises from
  the duties of the parenting facilitator.
         (b)  A parenting facilitator shall keep a detailed record
  regarding meetings and contacts with the parties, attorneys, or
  other persons involved in the suit.
         (c)  A person who participates in parenting facilitation is
  not a patient as defined by Section 611.001, Health and Safety Code,
  and no record created as part of the parenting facilitation that
  arises from the parenting facilitator's duties is confidential.
         (d)  On request, records of parenting facilitation shall be
  made available by the parenting facilitator to an attorney for a
  party, an attorney for a child who is the subject of the suit, and a
  party who does not have an attorney.
         (e)  A parenting facilitator shall keep parenting
  facilitation records from the suit until the seventh anniversary of
  the date the facilitator's services are terminated, unless a
  different retention period is established by a rule adopted by the
  licensing authority that issues the professional license held by
  the parenting facilitator.
         Sec. 153.6091.  COMPENSATION OF PARENTING FACILITATOR.
  Section 153.609 applies to the compensation of a parenting
  facilitator in the same manner as provided for the compensation of a
  parenting coordinator.
         SECTION 23.  Section 153.610, Family Code, is amended to
  read as follows:
         Sec. 153.610.  QUALIFICATIONS OF PARENTING COORDINATOR. (a)
  The court shall determine the required qualifications of a
  parenting coordinator, provided that a parenting coordinator must
  have experience working in a field relating to families, have
  practical experience with high-conflict cases or litigation
  between parents, and [at least]:
               (1)  hold at least:
                     (A)  a bachelor's degree in counseling,
  education, family studies, psychology, or social work [and, unless
  waived by the court, complete a parenting coordinator course of at
  least 16 hours]; or
                     (B)  [(2)  hold] a graduate degree in a mental
  health profession, with an emphasis in family and children's
  issues; or
               (2)  be licensed in good standing as an attorney in this
  state.
         (b)  In addition to the qualifications prescribed by
  Subsection (a), a parenting coordinator must complete at least:
               (1)  eight hours of family violence dynamics training
  provided by a family violence service provider;
               (2)  40 classroom hours of training in dispute
  resolution techniques in a course conducted by an alternative
  dispute resolution system or other dispute resolution organization
  approved by the court; and
               (3)  24 classroom hours of training in the fields of
  family dynamics, child development, family law and the law
  governing parenting coordination, and parenting coordination
  styles and procedures.
         (c)  In appropriate circumstances, a court may, with the
  agreement of the parties, appoint a person as parenting coordinator
  who does not satisfy the requirements of Subsection (a) or
  Subsection (b)(2) or (3) if the court finds that the person has
  sufficient legal or other professional training or experience in
  dispute resolution processes to serve in that capacity.
         (d)  The actions of a parenting coordinator who is not an
  attorney do not constitute the practice of law.
         SECTION 24.  Subchapter K, Chapter 153, Family Code, is
  amended by adding Sections 153.6101 and 153.6102 to read as
  follows:
         Sec. 153.6101.  QUALIFICATIONS OF PARENTING FACILITATOR.
  (a) The court shall determine whether the qualifications of a
  proposed parenting facilitator satisfy the requirements of this
  section. On request by a party, an attorney for a party, or any
  attorney for a child who is the subject of the suit, a person under
  consideration for appointment as a parenting facilitator in the
  suit shall provide proof that the person satisfies the minimum
  qualifications required by this section.
         (b)  A parenting facilitator must:
               (1)  hold a license to practice in this state as a
  social worker, licensed professional counselor, licensed marriage
  and family therapist, psychologist, or attorney; and
               (2)  have completed at least:
                     (A)  eight hours of family violence dynamics
  training provided by a family violence service provider;
                     (B)  40 classroom hours of training in dispute
  resolution techniques in a course conducted by an alternative
  dispute resolution system or other dispute resolution organization
  approved by the court;
                     (C)  24 classroom hours of training in the fields
  of family dynamics, child development, and family law; and
                     (D)  16 hours of training in the laws governing
  parenting coordination and parenting facilitation and the multiple
  styles and procedures used in different models of service.
         (c)  The actions of a parenting facilitator who is not an
  attorney do not constitute the practice of law.
         Sec. 153.6102.  PARENTING FACILITATOR; CONFLICTS OF
  INTEREST AND BIAS. (a) A person who has a conflict of interest
  with, or has previous knowledge of, a party or a child who is the
  subject of a suit must, before being appointed as parenting
  facilitator in a suit:
               (1)  disclose the conflict or previous knowledge to the
  court, each attorney for a party, any attorney for a child, and any
  party who does not have an attorney; and
               (2)  decline appointment in the suit unless, after the
  disclosure, the parties and the child's attorney, if any, agree in
  writing to the person's appointment as parenting facilitator.
         (b)  A parenting facilitator who, after being appointed in a
  suit, discovers that the parenting facilitator has a conflict of
  interest with, or has previous knowledge of, a party or a child who
  is the subject of the suit shall:
               (1)  immediately disclose the conflict or previous
  knowledge to the court, each attorney for a party, any attorney for
  a child, and any party who does not have an attorney; and
               (2)  withdraw from the suit unless, after the
  disclosure, the parties and the child's attorney, if any, agree in
  writing to the person's continuation as parenting facilitator.
         (c)  A parenting facilitator, before accepting appointment
  in a suit, must disclose to the court, each attorney for a party,
  any attorney for a child who is the subject of the suit, and any
  party who does not have an attorney:
               (1)  a pecuniary relationship with an attorney, party,
  or child in the suit;
               (2)  a relationship of confidence or trust with an
  attorney, party, or child in the suit; and
               (3)  other information regarding any relationship with
  an attorney, party, or child in the suit that might reasonably
  affect the ability of the person to act impartially during the
  person's service as parenting facilitator.
         (d)  A person who makes a disclosure required by Subsection
  (c) shall decline appointment as parenting facilitator unless,
  after the disclosure, the parties and the child's attorney, if any,
  agree in writing to the person's service as parenting facilitator
  in the suit.
         (e)  A parenting facilitator may not serve in any other
  professional capacity at any other time with any person who is a
  party to, or the subject of, the suit in which the person serves as
  parenting facilitator, or with any member of the family of a party
  or subject. A person who, before appointment as a parenting
  facilitator in a suit, served in any other professional capacity
  with a person who is a party to, or subject of, the suit, or with any
  member of the family of a party or subject, may not serve as
  parenting facilitator in a suit involving any family member who is a
  party to or subject of the suit. This subsection does not apply to a
  person whose only other service in a professional capacity with a
  family or any member of a family that is a party to or the subject of
  a suit to which this section applies is as a teacher of coparenting
  skills in a class conducted in a group setting. For purposes of
  this subsection, "family" has the meaning assigned by Section
  71.003.
         (f)  A parenting facilitator shall promptly and
  simultaneously disclose to each party's attorney, any attorney for
  a child who is a subject of the suit, and any party who does not have
  an attorney the existence and substance of any communication
  between the parenting facilitator and another person, including a
  party, a party's attorney, a child who is the subject of the suit,
  and any attorney for a child who is the subject of the suit, if the
  communication occurred outside of a parenting facilitator session
  and involved the substance of parenting facilitation.
         SECTION 25.  Chapter 153, Family Code, is amended by adding
  Subchapter L to read as follows:
  SUBCHAPTER L. MILITARY DUTY
         Sec. 153.701.  DEFINITIONS. In this subchapter:
               (1)  "Designated person" means the person ordered by
  the court to temporarily exercise a conservator's rights, duties,
  and periods of possession and access with regard to a child during
  the conservator's military deployment, military mobilization, or
  temporary military duty.
               (2)  "Military deployment" means the temporary
  transfer of a service member of the armed forces of this state or
  the United States serving in an active-duty status to another
  location in support of combat or some other military operation.
               (3)  "Military mobilization" means the call-up of a
  National Guard or Reserve service member of the armed forces of this
  state or the United States to extended active duty status. The term
  does not include National Guard or Reserve annual training.
               (4)  "Temporary military duty" means the transfer of a
  service member of the armed forces of this state or the United
  States from one military base to a different location, usually
  another base, for a limited time for training or to assist in the
  performance of a noncombat mission.
         Sec. 153.702.  TEMPORARY ORDERS. (a) If a conservator is
  ordered to military deployment, military mobilization, or
  temporary military duty that involves moving a substantial distance
  from the conservator's residence so as to materially affect the
  conservator's ability to exercise the conservator's rights and
  duties in relation to a child, either conservator may file for an
  order under this subchapter.
         (b)  The court may render a temporary order in a proceeding
  under this subchapter regarding:
               (1)  possession of or access to the child; or
               (2)  child support.
         (c)  A temporary order rendered by the court under this
  subchapter may grant rights to and impose duties on a designated
  person regarding the child, except the court may not require the
  designated person to pay child support.
         (d)  After a conservator's military deployment, military
  mobilization, or temporary military duty is concluded, and the
  conservator returns to the conservator's usual residence, the
  temporary orders under this section terminate and the rights of all
  affected parties are governed by the terms of any court order
  applicable when the conservator is not ordered to military
  deployment, military mobilization, or temporary military duty.
         Sec. 153.703.  APPOINTING DESIGNATED PERSON FOR CONSERVATOR
  WITH EXCLUSIVE RIGHT TO DESIGNATE PRIMARY RESIDENCE OF CHILD. (a)
  If the conservator with the exclusive right to designate the
  primary residence of the child is ordered to military deployment,
  military mobilization, or temporary military duty, the court may
  render a temporary order to appoint a designated person to exercise
  the exclusive right to designate the primary residence of the child
  during the military deployment, military mobilization, or
  temporary military duty in the following order of preference:
               (1)  the conservator who does not have the exclusive
  right to designate the primary residence of the child;
               (2)  if appointing the conservator described by
  Subdivision (1) is not in the child's best interest, a designated
  person chosen by the conservator with the exclusive right to
  designate the primary residence of the child; or
               (3)  if appointing the conservator described by
  Subdivision (1) or the person chosen under Subdivision (2) is not in
  the child's best interest, another person chosen by the court.
         (b)  A designated person named in a temporary order rendered
  under this section has the rights and duties of a nonparent
  appointed as sole managing conservator under Section 153.371.
         (c)  The court may limit or expand the rights of a nonparent
  named as a designated person in a temporary order rendered under
  this section as appropriate to the best interest of the child.
         Sec. 153.704.  APPOINTING DESIGNATED PERSON TO EXERCISE
  VISITATION FOR CONSERVATOR WITH EXCLUSIVE RIGHT TO DESIGNATE
  PRIMARY RESIDENCE OF CHILD IN CERTAIN CIRCUMSTANCES. (a) If the
  court appoints the conservator without the exclusive right to
  designate the primary residence of the child under Section
  153.703(a)(1), the court may award visitation with the child to a
  designated person chosen by the conservator with the exclusive
  right to designate the primary residence of the child.
         (b)  The periods of visitation shall be the same as the
  visitation to which the conservator without the exclusive right to
  designate the primary residence of the child was entitled under the
  court order in effect immediately before the date the temporary
  order is rendered.
         (c)  The temporary order for visitation must provide that:
               (1)  the designated person under this section has the
  right to possession of the child for the periods and in the manner
  in which the conservator without the exclusive right to designate
  the primary residence of the child is entitled under the court order
  in effect immediately before the date the temporary order is
  rendered;
               (2)  the child's other conservator and the designated
  person under this section are subject to the requirements of
  Section 153.316, with the designated person considered for purposes
  of that section to be the possessory conservator;
               (3)  the designated person under this section has the
  rights and duties of a nonparent possessory conservator under
  Section 153.376(a) during the period that the person has possession
  of the child; and
               (4)  the designated person under this section is
  subject to any provision in a court order restricting or
  prohibiting access to the child by any specified individual.
         (d)  The court may limit or expand the rights of a nonparent
  designated person named in a temporary order rendered under this
  section as appropriate to the best interest of the child.
         Sec. 153.705.  APPOINTING DESIGNATED PERSON TO EXERCISE
  VISITATION FOR CONSERVATOR WITHOUT EXCLUSIVE RIGHT TO DESIGNATE
  PRIMARY RESIDENCE OF CHILD. (a) If the conservator without the
  exclusive right to designate the primary residence of the child is
  ordered to military deployment, military mobilization, or
  temporary military duty, the court may award visitation with the
  child to a designated person chosen by the conservator, if the
  visitation is in the best interest of the child.
         (b)  The temporary order for visitation must provide that:
               (1)  the designated person under this section has the
  right to possession of the child for the periods and in the manner
  in which the conservator described by Subsection (a) would be
  entitled if not ordered to military deployment, military
  mobilization, or temporary military duty;
               (2)  the child's other conservator and the designated
  person under this section are subject to the requirements of
  Section 153.316, with the designated person considered for purposes
  of that section to be the possessory conservator;
               (3)  the designated person under this section has the
  rights and duties of a nonparent possessory conservator under
  Section 153.376(a) during the period that the designated person has
  possession of the child; and
               (4)  the designated person under this section is
  subject to any provision in a court order restricting or
  prohibiting access to the child by any specified individual.
         (c)  The court may limit or expand the rights of a nonparent
  designated person named in a temporary order rendered under this
  section as appropriate to the best interest of the child.
         Sec. 153.706.  TEMPORARY ORDER FOR CHILD SUPPORT. A
  temporary order rendered under this subchapter may result in a
  change of circumstances sufficient to justify a temporary order
  modifying the child support obligations of a party.
         Sec. 153.707.  EXPEDITED HEARING. (a) On a motion by the
  conservator who has been ordered to military deployment, military
  mobilization, or temporary military duty, the court shall, for good
  cause shown, hold an expedited hearing if the court finds that the
  conservator's military duties have a material effect on the
  conservator's ability to appear in person at a regularly scheduled
  hearing.
         (b)  A hearing under this section shall, if possible, take
  precedence over other suits affecting the parent-child
  relationship not involving a conservator who has been ordered to
  military deployment, military mobilization, or temporary military
  duty.
         (c)  On a motion by any party, the court shall, after
  reasonable advance notice and for good cause shown, allow a party to
  present testimony and evidence by electronic means, including by
  teleconference or through the Internet.
         Sec. 153.708.  ENFORCEMENT. Temporary orders rendered under
  this subchapter may be enforced by or against the designated person
  to the same extent that an order would be enforceable against the
  conservator who has been ordered to military deployment, military
  mobilization, or temporary military duty.
         Sec. 153.709.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.
  (a) Not later than the 90th day after the date a conservator
  without the exclusive right to designate the primary residence of
  the child who is a member of the armed services concludes the
  conservator's military deployment, military mobilization, or
  temporary military duty, the conservator may petition the court to:
               (1)  compute the periods of possession of or access to
  the child to which the conservator would have otherwise been
  entitled during the conservator's deployment; and
               (2)  award the conservator additional periods of
  possession of or access to the child to compensate for the periods
  described by Subdivision (1).
         (b)  If the conservator described by Subsection (a)
  petitions the court under Subsection (a), the court:
               (1)  shall compute the periods of possession or access
  to the child described by Subsection (a)(1); and
               (2)  may award to the conservator additional periods of
  possession of or access to the child for a length of time and under
  terms the court considers reasonable, if the court determines that:
                     (A)  the conservator was on military deployment,
  military mobilization, or temporary military duty in a location
  where access to the child was not reasonably possible; and
                     (B)  the award of additional periods of possession
  of or access to the child is in the best interest of the child.
         (c)  In making the determination under Subsection (b)(2),
  the court:
               (1)  shall consider:
                     (A)  the periods of possession of or access to the
  child to which the conservator would otherwise have been entitled
  during the conservator's military deployment, military
  mobilization, or temporary military duty, as computed under
  Subsection (b)(1);
                     (B)  whether the court named a designated person
  under Section 153.705 to exercise limited possession of the child
  during the conservator's deployment; and
                     (C)  any other factor the court considers
  appropriate; and
               (2)  is not required to award additional periods of
  possession of or access to the child that equals the possession or
  access to which the conservator would have been entitled during the
  conservator's military deployment, military mobilization, or
  temporary military duty, as computed under Subsection (b)(1).
         (d)  After the conservator described by Subsection (a) has
  exercised all additional periods of possession or access awarded
  under this section, the rights of all affected parties are governed
  by the terms of the court order applicable when the conservator is
  not ordered to military deployment, military mobilization, or
  temporary military duty.
         SECTION 26.  Section 156.002, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The sibling of a child who is separated from the child
  because of the actions of the Department of Family and Protective
  Services may file a suit for modification requesting access to the
  child in the court with continuing, exclusive jurisdiction.
         SECTION 27.  Section 156.006, Family Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  While a suit for modification is pending, the court may
  not render a temporary order that has the effect of changing the
  designation of the person who has the exclusive right to designate
  the primary residence of the child under the final order unless the
  temporary order is in the best interest of the child and:
               (1)  the order is necessary because the child's present
  circumstances would significantly impair the child's physical
  health or emotional development;
               (2)  the person designated in the final order has
  voluntarily relinquished the primary care and possession of the
  child for more than six months [and the temporary order is in the
  best interest of the child]; or
               (3)  the child is 12 years of age or older and has
  expressed to [filed with] the court in chambers as provided by
  Section 153.009 [in writing] the name of the person who is the
  child's preference to have the exclusive right to designate the
  primary residence of the child [and the temporary order designating
  that person is in the best interest of the child].
         (c)  Subsection (b)(2) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701.
         SECTION 28.  Section 156.101, Family Code, is amended to
  read as follows:
         Sec. 156.101.  GROUNDS FOR MODIFICATION OF ORDER
  ESTABLISHING CONSERVATORSHIP OR POSSESSION AND ACCESS. (a) The
  court may modify an order that provides for the appointment of a
  conservator of a child, that provides the terms and conditions of
  conservatorship, or that provides for the possession of or access
  to a child if modification would be in the best interest of the
  child and:
               (1)  the circumstances of the child, a conservator, or
  other party affected by the order have materially and substantially
  changed since the earlier of:
                     (A)  the date of the rendition of the order; or
                     (B)  the date of the signing of a mediated or
  collaborative law settlement agreement on which the order is based;
               (2)  the child is at least 12 years of age and has
  expressed to [filed with] the court in chambers as provided by
  Section 153.009 [, in writing,] the name of the person who is the
  child's preference to have the exclusive right to designate the
  primary residence of the child; or
               (3)  the conservator who has the exclusive right to
  designate the primary residence of the child has voluntarily
  relinquished the primary care and possession of the child to
  another person for at least six months.
         (b)  Subsection (a)(3) does not apply to a conservator who
  has the exclusive right to designate the primary residence of the
  child and who has temporarily relinquished the primary care and
  possession of the child to another person during the conservator's
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701.
         SECTION 29.  Section 156.102, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Subsection (b)(3) does not apply to a person who has the
  exclusive right to designate the primary residence of the child and
  who has temporarily relinquished the primary care and possession of
  the child to another person during the conservator's military
  deployment, military mobilization, or temporary military duty, as
  those terms are defined by Section 153.701.
         SECTION 30.  Section 156.105, Family Code, is amended to
  read as follows:
         Sec. 156.105.  MODIFICATION OF ORDER BASED ON MILITARY DUTY
  [DEPLOYMENT]. [(a)     In this section, "military deployment" means
  military duty ordered for a period of more than six months during
  which the person ordered to duty:
               [(1)     is not provided the option of being accompanied
  by the person's child; and
               [(2)     is serving in a location where access to the
  person's child is not reasonably possible.
         [(b)]  The military duty of a conservator who is ordered to
  military deployment, military mobilization, or temporary military
  duty, as those terms are defined by Section 153.701, does not by
  itself constitute [of a person who is a possessory conservator or a
  joint managing conservator without the exclusive right to designate
  the primary residence of the child is] a material and substantial
  change of circumstances sufficient to justify a modification of an
  existing court order or portion of a decree that sets the terms and
  conditions for the possession of or access to a child except that
  the court may render a temporary order under Subchapter L, Chapter
  153.
         [(c)     If the court determines that modification is in the
  best interest of the child, the court may modify the order or decree
  to provide in a manner consistent with Section 153.3161 for
  possession of the child during the period of the military
  deployment by a person designated by the deployed conservator.]
         SECTION 31.  Sections 153.008, 153.137, 153.3161, 153.552,
  and 156.410, Family Code, are repealed.
         SECTION 32.  (a) Not later than March 1, 2011, each state
  agency listed in this subsection shall adopt rules establishing
  parenting facilitator practice standards consistent with Section
  153.6101, Family Code, as added by this Act, applicable to the
  agency's license holders who serve as parenting facilitators. The
  practice standards must be at least as detailed and rigorous as
  those contained in the report entitled "Guidelines for Parenting
  Coordination" developed by the Association of Family and
  Conciliation Courts Task Force on Parenting Coordination, dated May
  2005. The practice standards required by this section must contain
  a minimum number of hours of classroom training in the practice
  standards that must be completed by each license holder who wishes
  to be eligible to serve as a parenting facilitator. This subsection
  applies to the:
               (1)  State Bar of Texas;
               (2)  Texas State Board of Examiners of Psychologists;
               (3)  Texas State Board of Examiners of Marriage and
  Family Therapists;
               (4)  Texas State Board of Examiners of Professional
  Counselors; and
               (5)  Texas State Board of Social Worker Examiners.
         (b)  Notwithstanding Section 153.6101(b), Family Code, as
  added by this Act, after March 1, 2011, a person who holds a license
  from a state agency listed in Subsection (a) of this section may not
  be appointed to serve as a parenting facilitator if:
               (1)  the agency has not adopted parenting facilitator
  practice standards as required by Subsection (a) of this section;
  or
               (2)  the license holder has not completed the minimum
  number of hours of classroom training contained in the practice
  standards.
         (c)  Notwithstanding any other provision of this section or
  any other law, a person who satisfies the qualifications to be a
  parenting coordinator in effect immediately before the effective
  date of this Act is not required to comply with the requirements
  imposed by Section 153.610, Family Code, as amended by this Act,
  until September 1, 2010, to be qualified to serve as a parenting
  coordinator under Subchapter K, Chapter 153, Family Code, as
  amended by this Act, and the former law is continued in effect for
  that purpose.
         (d)  Notwithstanding Section 153.610, Family Code, as
  amended by this Act, or Section 153.6101, Family Code, as added by
  this Act, a person who is employed by a domestic relations office,
  as defined by Section 203.001, Family Code, before September 1,
  2009, may serve as a parenting coordinator or parenting facilitator
  under Subchapter K, Chapter 153, Family Code, as amended by this
  Act, if, on the effective date of this Act, the person satisfies the
  qualifications to be a parenting coordinator under Subchapter K,
  Chapter 153, Family Code, in effect immediately before the
  effective date of this Act.
         (e)  Notwithstanding Section 153.6101(b)(1), Family Code, as
  added by this Act, a person who has served as parenting coordinator
  in a case under Subchapter K, Chapter 153, Family Code, before the
  effective date of this Act may be appointed to serve as parenting
  facilitator under Subchapter K, Chapter 153, Family Code, as
  amended by this Act, in another case if, on the effective date of
  this Act, the person satisfies all other qualifications to serve as
  a parenting facilitator, is enrolled in a graduate course of study
  at an accredited college or university, and obtains a license
  described by Section 153.6101(b)(1), Family Code, as added by this
  Act, on or before September 1, 2011.
         SECTION 33.  (a) Sections 102.0045, 153.432, 153.433,
  153.502, 153.551, 156.002, 156.102, and 156.105, Family Code, as
  amended by this Act, and Sections 156.006(c) and 156.101(b), Family
  Code, as added by this Act, apply only to a suit affecting the
  parent-child relationship pending in a trial court on or filed on or
  after the effective date of this Act.
         (b)  Sections 153.311, 153.312, 153.313, 153.314, 153.315,
  and 153.317, Family Code, as amended by this Act, and Section
  153.3101, Family Code, as added by this Act, apply only to a court
  order providing for possession of or access to a child rendered on
  or after the effective date of this Act. A court order rendered
  before the effective date of this Act is governed by the law in
  effect on the date the order was rendered, and the former law is
  continued in effect for that purpose.
         (c)  Section 156.006(b), Family Code, as amended by this Act,
  and Section 156.101(a), Family Code, as added by this Act, apply to
  a suit for modification filed on or after the effective date of this
  Act. A suit for modification filed before that date is governed by
  the law in effect on the date the suit was filed, and the former law
  is continued in effect for that purpose.
         SECTION 34.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1012 was passed by the House on April
  30, 2009, by the following vote:  Yeas 132, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1012 on May 29, 2009, by the following vote:  Yeas 102, Nays 41,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1012 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor