S.B. No. 1936
 
 
 
 
AN ACT
  relating to the beginning and ending possession times in certain
  standard possession orders in a suit affecting the parent-child
  relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 153, Family Code, is
  amended by adding Section 153.3171 to read as follows:
         Sec. 153.3171.  BEGINNING AND ENDING POSSESSION TIMES FOR
  PARENTS WHO RESIDE 50 MILES OR LESS APART. (a)  Except as provided
  by Subsection (b), if the possessory conservator resides not more
  than 50 miles from the primary residence of the child, the court
  shall alter the standard possession order under Sections 153.312,
  153.314, and 153.315 to provide that the conservator has the right
  to possession of the child as if the conservator had made the
  elections for alternative beginning and ending possession times
  under Sections 153.317(a)(1)(C), (2)(C), (3), (4), (5), (6),
  (7)(C), (8), and (9).
         (b)  Subsection (a) does not apply if:
               (1)  the possessory conservator declines one or more of
  the alternative beginning and ending possession times under
  Subsection (a) in a written document filed with the court or through
  an oral statement made in open court on the record;
               (2)  the court is denying, restricting, or limiting the
  possessory conservator's possession of or access to the child in
  the best interest of the child under Section 153.004; or
               (3)  the court finds that one or more of the alternative
  beginning and ending possession times under Subsection (a) are not
  in the best interest of the child, including:
                     (A)  because the distances between residences
  make the possession schedule described by Subsection (a) unworkable
  or inappropriate considering the circumstances of the parties or
  the area in which the parties reside;
                     (B)  because before the filing of the suit, the
  possessory conservator did not frequently and continuously
  exercise the rights and duties of a parent with respect to the
  child; or
                     (C)  for any other reason the court considers
  relevant.
         (c)  On the request of a party, the court shall make findings
  of fact and conclusions of law regarding the order under this
  section.
         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;
                     (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;
                     (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;
                     (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; or
               (9)  for weekend periods of possession that are
  extended under Section 153.315(a) by a student holiday or teacher
  in-service day that falls on a Monday, ending at 8 a.m. Tuesday.
         SECTION 3.  Subchapter B, Chapter 231, Family Code, is
  amended by adding Section 231.1211 to read as follows:
         Sec. 231.1211.  INFORMATIONAL MATERIALS ON STANDARD
  POSSESSION ORDER. (a) The Title IV-D agency shall create
  informational materials that describe the possession schedule
  under the standard possession order under Subchapter F, Chapter
  153, including any alternate schedules or elections available to
  conservators.
         (b)  The Title IV-D agency shall make the informational
  materials described by Subsection (a) available on the agency's
  Internet website and distribute printed copies of those materials
  on request.
         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, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1936 passed the Senate on    
  April 23, 2021, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 29, 2021, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1936 passed the House, with
  amendment, on May 26, 2021, by the following vote: Yeas 144,
  Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor