84R23044 JSC-D
 
  By: Peña, et al. H.B. No. 2363
 
  Substitute the following for H.B. No. 2363:
 
  By:  Dutton C.S.H.B. No. 2363
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to equal parenting orders in suits affecting the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 153.001(a), Family Code, is amended to
  read as follows:
         (a)  The public policy of this state is to:
               (1)  assure that children will have frequent and
  continuing contact with parents who have shown the ability to act in
  the best interest of the child;
               (2)  provide a safe, stable, and nonviolent environment
  for the child; and
               (3)  encourage parents to share equally in the rights
  and duties of raising their child after the parents have separated
  or dissolved their marriage.
         SECTION 2.  Section 153.134, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  If the court renders an order appointing the parents
  joint managing conservators under this section, the court shall
  enter a possession order under Subchapter F-1 that provides for
  equal parenting, unless the court determines that order is not in
  the best interest of the child, in which case the court may enter:
               (1)  a standard possession order as provided by
  Subchapter F; or
               (2)  another order regarding possession that the court
  determines is in the best interest of the child.
         SECTION 3.  Chapter 153, Family Code, is amended by adding
  Subchapter F-1 to read as follows:
  SUBCHAPTER F-1. EQUAL PARENTING ORDER
         Sec. 153.351.  AUTHORITY TO ENTER EQUAL PARENTING ORDER.
  Notwithstanding any other provision of this chapter, a court shall,
  as an alternative to the standard possession order under Subchapter
  F, enter an order providing for periods of possession of a child in
  accordance with this subchapter if the court:
               (1)  appoints the parents joint managing conservators
  under Section 153.134; and
               (2)  determines that:
                     (A)  the order would be in the best interest of the
  child; and
                     (B)  the distance between the residences of the
  parents makes compliance with an equal parenting order reasonable
  for the parents and the child.
         Sec. 153.352.  PERIODS OF POSSESSION UNDER EQUAL PARENTING
  ORDER. (a) Subject to Subsection (b), a court may enter an order
  under this subchapter that provides that each parent has the right
  to possession of the child under one of the following arrangements:
               (1)  an arrangement under which each parent has
  possession of the child for one week at a time, alternating weeks of
  possession with the other parent, with no modification based on
  holidays that occur during each week, but subject to modification
  based on agreement by each parent;
               (2)  an arrangement under which each parent has
  possession of the child for two weeks at a time, alternating
  two-week periods of possession with the other parent, with one
  weeknight of possession exercised during each week of the period by
  the parent not otherwise in possession during that period, and
  subject to modification based on agreement by each parent;
               (3)  an arrangement under which each parent has
  possession of the child for four weeks at a time, alternating
  four-week periods of possession with the other parent, with one
  weeknight of possession exercised during each week of the period by
  the parent not otherwise in possession during that period, and
  subject to modification based on agreement by each parent; or
               (4)  an arrangement under which each parent has
  possession of the child under a schedule specified by the court,
  provided that:
                     (A)  the schedule may not grant possession to a
  parent for a number of days each year that exceeds the number of
  days of possession granted to the other parent for that year by more
  than five days; and
                     (B)  the schedule must alternate on a yearly basis
  the parent who is granted possession for a number of days for the
  year that exceeds the number of days granted to the other parent.
         (b)  A court shall provide parents with the opportunity to
  select by agreement one of the arrangements described by Subsection
  (a)(1), (2), or (3), subject to the court's determination that the
  selected arrangement is in the best interest of the child. If the
  parents do not agree, the court may order any arrangement described
  by Subsection (a).
         SECTION 4.  The enactment of this Act does not constitute a
  material and substantial change of circumstances sufficient to
  warrant modification of a court order or portion of a decree that
  provides for the possession of or access to a child rendered before
  the effective date of this Act.
         SECTION 5.  The change in law made by this Act applies to a
  suit affecting the parent-child relationship that is pending in a
  trial court on the effective date of this Act or that is filed on or
  after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2015.