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AN ACT
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relating to periods of possession of and access to a child, |
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including periods of electronic communication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.015 to read as follows: |
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Sec. 153.015. ELECTRONIC COMMUNICATION WITH CHILD BY |
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CONSERVATOR. (a) In this section, "electronic communication" |
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means any communication facilitated by the use of any wired or |
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wireless technology via the Internet or any other electronic media. |
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The term includes communication facilitated by the use of a |
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telephone, electronic mail, instant messaging, videoconferencing, |
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or webcam. |
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(b) If a conservator of a child requests the court to order |
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periods of electronic communication with the child under this |
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section, the court may award the conservator reasonable periods of |
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electronic communication with the child to supplement the |
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conservator's periods of possession of the child. In determining |
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whether to award electronic communication, the court shall |
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consider: |
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(1) whether electronic communication is in the best |
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interest of the child; |
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(2) whether equipment necessary to facilitate the |
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electronic communication is reasonably available to all parties |
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subject to the order; and |
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(3) any other factor the court considers appropriate. |
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(c) If a court awards a conservator periods of electronic |
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communication with a child under this section, each conservator |
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subject to the court's order shall: |
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(1) provide the other conservator with the e-mail |
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address and other electronic communication access information of |
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the child; |
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(2) notify the other conservator of any change in the |
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e-mail address or other electronic communication access |
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information not later than 24 hours after the date the change takes |
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effect; and |
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(3) if necessary equipment is reasonably available, |
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accommodate electronic communication with the child, with the same |
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privacy, respect, and dignity accorded all other forms of access, |
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at a reasonable time and for a reasonable duration subject to any |
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limitation provided by the court in the court's order. |
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(d) The court may not consider the availability of |
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electronic communication as a factor in determining child support. |
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The availability of electronic communication is not intended as a |
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substitute for physical possession of or access to the child, where |
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otherwise appropriate. |
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(e) In a suit in which the court's order contains provisions |
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related to a finding of family violence in the suit, including |
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supervised visitation, the court may award periods of electronic |
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communication under this section only if: |
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(1) the award and terms of the award are mutually |
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agreed to by the parties; and |
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(2) the terms of the award: |
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(A) are printed in the court's order in |
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boldfaced, capitalized type; and |
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(B) include any specific restrictions relating |
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to family violence or supervised visitation, as applicable, |
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required by other law to be included in a possession or access |
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order. |
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SECTION 2. Section 153.312(a), Family Code, is amended to |
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read as follows: |
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(a) If the possessory conservator resides 100 miles or less |
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from the primary residence of the child, the possessory conservator |
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shall have the right to possession of the child as follows: |
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(1) on weekends throughout the year beginning at 6 |
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p.m. on the first, third, and fifth Friday of each month and ending |
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at 6 p.m. on the following Sunday except that [or], at the |
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possessory conservator's election made before or at the time of the |
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rendition of the original or modification order, and as specified |
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in the original or modification order, the weekend periods of |
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possession specified by this subdivision that occur during the |
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regular school term shall begin [beginning] at the time the child's |
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school is regularly dismissed and end [ending] at 6 p.m. on the |
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following Sunday; and |
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(2) on Thursdays of each week during the regular |
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school term beginning at 6 p.m. and ending at 8 p.m., or, at the |
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possessory conservator's election made before or at the time of the |
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rendition of the original or modification order, and as specified |
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in the original or modification order, beginning at the time the |
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child's school is regularly dismissed and ending at the time the |
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child's school resumes, unless the court finds that visitation |
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under this subdivision is not in the best interest of the child. |
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SECTION 3. Section 153.314, Family Code, is amended to read |
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as follows: |
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Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE |
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PARENTS RESIDE APART. The following provisions govern possession |
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of the child for certain specific holidays and supersede |
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conflicting weekend or Thursday periods of possession without |
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regard to the distance the parents reside apart. The possessory |
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conservator and the managing conservator shall have rights of |
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possession of the child as follows: |
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(1) the possessory conservator shall have possession |
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of the child in even-numbered years beginning at 6 p.m. on the day |
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the child is dismissed from school for the Christmas school |
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vacation and ending at noon on December 28 [26], and the managing |
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conservator shall have possession for the same period in |
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odd-numbered years; |
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(2) the possessory conservator shall have possession |
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of the child in odd-numbered years beginning at noon on December 28 |
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[26] and ending at 6 p.m. on the day before school resumes after |
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that vacation, and the managing conservator shall have possession |
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for the same period in even-numbered years; |
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(3) the possessory conservator shall have possession |
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of the child in odd-numbered years, beginning at 6 p.m. on the day |
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the child is dismissed from school before Thanksgiving and ending |
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at 6 p.m. on the following Sunday, and the managing conservator |
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shall have possession for the same period in even-numbered years; |
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(4) the parent not otherwise entitled under this |
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standard order to present possession of a child on the child's |
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birthday shall have possession of the child beginning at 6 p.m. and |
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ending at 8 p.m. on that day, provided that the parent picks up the |
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child from the residence of the conservator entitled to possession |
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and returns the child to that same place; |
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(5) if a conservator, the father shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Father's |
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Day and ending on Father's Day at 6 p.m., provided that, if he is not |
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otherwise entitled under this standard order to present possession |
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of the child, he picks up the child from the residence of the |
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conservator entitled to possession and returns the child to that |
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same place; and |
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(6) if a conservator, the mother shall have possession |
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of the child beginning at 6 p.m. on the Friday preceding Mother's |
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Day and ending on Mother's Day at 6 p.m., provided that, if she is |
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not otherwise entitled under this standard order to present |
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possession of the child, she picks up the child from the residence |
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of the conservator entitled to possession and returns the child to |
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that same place. |
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SECTION 4. Section 153.3161, Family Code, is amended to |
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read as follows: |
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Sec. 153.3161. [LIMITED] POSSESSION DURING MILITARY |
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DEPLOYMENT. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) In addition to the general terms and conditions of |
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possession required by Section 153.316, if a possessory conservator |
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or a joint managing conservator of the child without the exclusive |
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right to designate the primary residence of the child is currently a |
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member of the armed forces of the state or the United States or is |
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reasonably expected to join those forces, the court shall: |
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(1) permit that conservator to designate a person who |
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may exercise [limited] possession of the child on behalf of that |
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conservator during any period that the conservator is deployed |
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under a military deployment [outside of the United States]; and |
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(2) if the conservator elects to designate a person |
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under Subdivision (1), provide in the order for [limited] |
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possession of the child by the designated person under those |
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circumstances, subject to the court's determination that the |
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[limited] possession is in the best interest of the child. |
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(c) [(b)] If the court determines that the [limited] |
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possession is in the best interest of the child, the court shall |
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provide in the order that during periods of military deployment: |
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(1) the designated person has the right to possession |
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of the child for the periods and in the manner in which the deployed |
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conservator would be entitled to exercise possession if not |
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deployed [on the first weekend of each month beginning at 6 p.m. on
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Friday and ending at 6 p.m. on Sunday]; |
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(2) [the other parent shall surrender the child to the
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designated person at the beginning of each period of possession at
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the other parent's residence;
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[(3)
the designated person shall return the child to
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the other parent's residence at the end of each period of
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possession;
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[(4)] the child's other parent and the designated |
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person are subject to the requirements of Section 153.316, with the |
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designated person considered for purposes of that section to be the |
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possessory conservator [Sections 153.316(5)-(9)]; |
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(3) [(5)] the designated person has the rights and |
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duties of a nonparent possessory conservator under Section |
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153.376(a) during the period that the person has possession of the |
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child; and |
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(4) [(6)] the designated person is subject to any |
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provision in a court order restricting or prohibiting access to the |
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child by any specified individual. |
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(d) [(c)] After the military deployment is concluded, and |
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the deployed parent returns to that parent's usual residence, the |
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designated person's right to [limited] possession under this |
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section terminates and the rights of all affected parties are |
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governed by the terms of any court order applicable when a parent is |
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not deployed. |
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SECTION 5. Section 156.105, Family Code, is amended to read |
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as follows: |
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Sec. 156.105. MODIFICATION OF ORDER BASED ON MILITARY |
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DEPLOYMENT. (a) In this section, "military deployment" means |
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military duty ordered for a period of more than six months during |
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which the person ordered to duty: |
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(1) is not provided the option of being accompanied by |
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the person's child; and |
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(2) is serving in a location where access to the |
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person's child is not reasonably possible. |
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(b) The military deployment [outside this country] of a |
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person who is a possessory conservator or a joint managing |
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conservator without the exclusive right to designate the primary |
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residence of the child is a material and substantial change of |
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circumstances sufficient to justify a modification of an existing |
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court order or portion of a decree that sets the terms and |
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conditions for the possession of or access to a child. |
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(c) [(b)] If the court determines that modification is in |
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the best interest of the child, the court may modify the order or |
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decree to provide in a manner consistent with Section 153.3161 for |
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[limited] possession of the child during the period of the military |
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deployment by a person designated by the deployed conservator. |
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SECTION 6. Section 153.015, Family Code, as added by this |
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Act, applies to a suit affecting the parent-child relationship |
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filed before, on, or after the effective date of this Act. |
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SECTION 7. The change in law made by this Act to Section |
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153.314, Family Code, applies only to a court order providing for |
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possession of or access to a child rendered on or after the |
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effective date of this Act. A court order rendered before the |
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effective date of this Act is governed by the law in effect on the |
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date the order was rendered, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. Section 153.3161, Family Code, as amended by |
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this Act, applies only to a suit affecting the parent-child |
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relationship pending in a trial court on or filed on or after the |
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effective date of this Act. |
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SECTION 9. Section 156.105, Family Code, as amended by this |
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Act, applies only to an action to modify an order in a suit |
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affecting the parent-child relationship pending in a trial court on |
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or filed on or after the effective date of this Act. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1864 was passed by the House on May 4, |
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2007, by the following vote: Yeas 140, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 1864 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 1864 on May 27, 2007, by the following vote: Yeas 146, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1864 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 30, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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1864 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |