H.B. No. 845
 
 
 
 
AN ACT
  relating to possession of or access to a child.
         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 the school in which the child is enrolled;
               (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 the school in
  which the child is enrolled;
               (5)  each conservator shall return with the child the
  personal effects that the child brought at the beginning of the
  period of possession;
               (6)  either parent may designate a competent adult to
  pick up and return the child, as applicable; a parent or a
  designated competent adult shall be present when the child is
  picked up or returned;
               (7)  a parent shall give notice to the person in
  possession of the child on each occasion that the parent will be
  unable to exercise that parent's right of possession for a
  specified period;
               (8)  written notice, including notice provided by
  electronic mail or facsimile, shall be deemed to have been timely
  made if received or, if applicable, postmarked before or at the time
  that notice is due; and
               (9)  if a conservator's time of possession of a child
  ends at the time school resumes and for any reason the child is not
  or will not be returned to school, the conservator in possession of
  the child shall immediately notify the school and the other
  conservator that the child will not be or has not been returned to
  school.
         SECTION 2.  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; [or]
                     (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; [or]
                     (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; [or]
                     (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); 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.
         SECTION 3.  Section 153.3162, Family Code, is repealed.
         SECTION 4.  Sections 153.316 and 153.317, Family Code, as
  amended 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.
         SECTION 5.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 845 was passed by the House on April
  18, 2013, by the following vote:  Yeas 143, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 845 was passed by the Senate on May
  17, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor