89R4896 AMF-D     By: Middleton S.B. No. 849       A BILL TO BE ENTITLED   AN ACT   relating to orders providing for the conservatorship of or   possession of and access to a child by the child's parents in a suit   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 101, Family Code, is amended by adding   Section 101.0122 to read as follows:          Sec. 101.0122.  EQUAL PARENTING ORDER. "Equal parenting   order" means an order that provides both parents of a child who are   joint managing conservators with rights of equal or nearly equal   periods of physical possession of and access to the child in   accordance with Section 153.135.          SECTION 2.  Section 101.029, Family Code, is redesignated as   Section 101.0016, Family Code, and amended to read as follows:          Sec. 101.0016 [101.029].  ALTERNATIVE [STANDARD] POSSESSION   ORDER. "Alternative [Standard] possession order" means an order   that provides a parent with rights of possession of a child in   accordance with the terms and conditions of Subchapter F, Chapter   153.          SECTION 3.  Section 105.001(g), Family Code, is amended to   read as follows:          (g)  The rebuttable presumptions established in favor of the   application of the guidelines for a child support order and for the   equal parenting order or the alternative [standard] possession   order, as applicable, under Chapters 153 and 154 apply to temporary   orders. The presumptions do not limit the authority of the court to   render other temporary orders.          SECTION 4.  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 5.  Section 153.007(a), Family Code, is amended to   read as follows:          (a)  To promote the amicable settlement of disputes between   the parties to a suit, the parties may enter into a written agreed   parenting plan containing provisions for conservatorship and   possession of the child and for modification of the parenting plan,   including variations from:                (1)  equal or nearly equal periods of physical   possession as provided by an equal parenting order under Section   153.135; or                (2)  the alternative [standard] possession order under   Subchapter F.          SECTION 6.  Section 153.072, Family Code, is amended to read   as follows:          Sec. 153.072.  WRITTEN FINDING REQUIRED TO LIMIT PARENTAL   RIGHTS AND DUTIES. The court may limit the rights and duties of a   parent appointed as a conservator only if the court makes a written   finding that the limitation is in the best interest of the child.          SECTION 7.  Section 153.131(b), Family Code, is amended to   read as follows:          (b)  It is a rebuttable presumption that the appointment of   the parents of a child as joint managing conservators with rights of   equal or nearly equal periods of physical possession of and access   to the child is in the best interest of the child.  A finding of a   history of family violence involving the parents of a child removes   the presumption under this subsection.          SECTION 8.  Section 153.135, Family Code, is amended to read   as follows:          Sec. 153.135.  EQUAL PARENTING ORDER FOR JOINT MANAGING   CONSERVATORS [POSSESSION NOT REQUIRED].  (a) Notwithstanding any   other provision of this chapter and except as otherwise provided by   this section, if the court renders an order under Section 153.134   appointing both parents of a child as joint [Joint] managing   conservators, the court shall render an equal parenting order   providing for [conservatorship does not require the award of] equal   or nearly equal periods of physical possession of and access to the   child to each of the managing [joint] conservators unless the court   determines and enters findings of fact on the record specifying   that:                (1)  an equal parenting order is unworkable or   inappropriate due to the work schedule or other special   circumstances of a managing conservator or the child, or the school   schedule of the child; or                (2)  equal or nearly equal periods of physical   possession and access are not in the best interest of the child.          (b)  If the court determines under Subsection (a) that the   equal parenting order is unworkable or inappropriate or not in the   best interest of the child, the court may enter an alternative   possession order under Subchapter F, including an expanded   alternative possession order under Section 153.3171, if   applicable. If the court finds that the alternative possession   order is unworkable or inappropriate, the court may modify the   alternative possession order as provided by Section 153.253. If   the court finds that the alternative possession order is not in the   best interest of the child, the court may render an order that the   court finds to be in the best interest of the child considering the   guidelines established by the alternative possession order and the   factors provided by Section 153.256.          (c)  The court shall render an order appropriate under the   circumstances for the possession of a child less than three years of   age, as provided by Section 153.254(a), which does not need to   provide equal or nearly equal periods of possession of or access to   a child to both joint managing conservators.  The court shall render   a prospective order to take effect on the child's third birthday,   which presumptively will be an equal parenting order.          SECTION 9.  The heading to Subchapter E, Chapter 153, Family   Code, is amended to read as follows:   SUBCHAPTER E.  GUIDELINES FOR THE POSSESSION OF A CHILD BY A PARENT   NAMED AS POSSESSORY CONSERVATOR OR FOR THE MINIMUM POSSESSION FOR A   PARENT NAMED AS JOINT MANAGING CONSERVATOR          SECTION 10.  Sections 153.251(a) and (d), Family Code, are   amended to read as follows:          (a)  The guidelines established in the alternative   [standard] possession order are intended to guide the courts in   ordering the terms and conditions for possession of a child by a   parent named as a possessory conservator, or as the minimum   possession for a joint managing conservator if the court does not   render an equal parenting order under Section 153.135.          (d)  The equal parenting and alternative [standard]   possession orders are [order is] designed to apply to a child three   years of age or older.          SECTION 11.  Section 153.252, Family Code, is amended to   read as follows:          Sec. 153.252.  REBUTTABLE PRESUMPTION. In a suit, there is a   rebuttable presumption that the alternative [standard] possession   order in Subchapter F[:                [(1)]  provides reasonable minimum possession of a   child for a parent named as a:                (1)  possessory conservator; or                (2)  joint managing conservator, if the court does not   render an equal parenting order under Section 153.135[; and                [(2)  is in the best interest of the child].          SECTION 12.  Section 153.253, Family Code, is amended to   read as follows:          Sec. 153.253.  EQUAL PARENTING OR ALTERNATIVE [STANDARD]   POSSESSION ORDER INAPPROPRIATE OR UNWORKABLE. The court shall   render an order that grants periods of possession of the child as   similar as possible to those provided by:                (1)  the equal parenting order if the work schedule or   other special circumstances of a parent who is a joint managing   conservator or the child or the year-round school schedule of the   child make the equal parenting order unworkable or inappropriate;   or                (2)  in circumstances other than those described by   Subdivision (1), the alternative [standard] possession order if the   work schedule or other special circumstances of the managing   conservator, the possessory conservator, or the child, or the   year-round school schedule of the child, make the alternative   possession [standard] order unworkable or inappropriate.          SECTION 13.  Section 153.254(d), Family Code, is amended to   read as follows:          (d)  The court shall render a prospective order to take   effect on the child's third birthday, which presumptively will be:                (1)  if both parents are appointed as joint managing   conservators of the child, the equal parenting order; or                 (2)  in circumstances other than those described by   Subdivision (1), the alternative [standard] possession order.          SECTION 14.  Section 153.255, Family Code, is amended to   read as follows:          Sec. 153.255.  AGREEMENT. The court may render an order for   periods of possession of a child that vary from the equal parenting   order or the alternative [standard] possession order based on the   agreement of the parties.          SECTION 15.  Section 153.256, Family Code, is amended to   read as follows:          Sec. 153.256.  FACTORS FOR COURT TO CONSIDER. In ordering   the terms of possession of a child under an order other than an   equal parenting order or an alternative [a standard] possession   order, the court shall be guided by the guidelines established by   the equal parenting order or the alternative [standard] possession   order, as applicable, and may consider:                (1)  the age, developmental status, circumstances,   needs, and best interest of the child;                (2)  the circumstances of the joint managing   conservators or of the managing conservator and of the parent named   as a possessory conservator; and                (3)  any other relevant factor.          SECTION 16.  The heading to Section 153.258, Family Code, is   amended to read as follows:          Sec. 153.258.  REQUEST FOR FINDINGS WHEN ORDER VARIES FROM   EQUAL PARENTING [STANDARD] ORDER.          SECTION 17.  Section 153.258(a), Family Code, is amended to   read as follows:          (a)  In all cases in which possession of a child by a parent   is contested and the possession of the child varies from the equal   parenting [standard possession] order, including a possession   order for a child under three years of age, on request by a party,   the court shall state in writing the specific reasons for the   variance from the equal parenting [standard] order.          SECTION 18.  The heading to Subchapter F, Chapter 153,   Family Code, is amended to read as follows:   SUBCHAPTER F. ALTERNATIVE [STANDARD] POSSESSION ORDER          SECTION 19.  Section 153.3101, Family Code, is amended to   read as follows:          Sec. 153.3101.  REFERENCE TO "SCHOOL" IN ALTERNATIVE    [STANDARD] POSSESSION ORDER. In an alternative [a standard]   possession order, "school" means the elementary or secondary school   in which the child is enrolled or, if the child is not enrolled in an   elementary or secondary school, the public school district in which   the child primarily resides.          SECTION 20.  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 an alternative [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 alternative [standard]   possession order.          SECTION 21.  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   alternative [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 alternative [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 alternative [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 22.  Section 153.317(a), Family Code, is amended to   read as follows:          (a)  If elected by a conservator, the court shall alter the   alternative [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);                (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 23.  Section 153.3171(a), Family Code, as amended by   Chapters 896 (H.B. 3203) and 967 (S.B. 1936), Acts of the 87th   Legislature, Regular Session, 2021, is reenacted and amended to   read as follows:          (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 alternative   [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).          SECTION 24.  Section 153.601(4), Family Code, is amended to   read as follows:                (4)  "Parenting plan" means the provisions of a final   court order that:                      (A)  set out rights and duties of a parent or a   person acting as a parent in relation to the child;                      (B)  provide for periods of possession of and   access to the child, which may be the terms set out in the equal   parenting order under Section 153.135 or the alternative [standard]   possession order under Subchapter F, and any amendments to the   [standard possession] order agreed to by the parties or found by the   court to be in the best interest of the child;                      (C)  provide for child support; and                      (D)  optimize the development of a close and   continuing relationship between each parent and the child.          SECTION 25.  The heading to Section 231.1211, Family Code,   is amended to read as follows:          Sec. 231.1211.  INFORMATIONAL MATERIALS ON EQUAL PARENTING   ORDER AND ALTERNATIVE [STANDARD] POSSESSION ORDER.          SECTION 26.  Section 231.1211(a), Family Code, is amended to   read as follows:          (a)  The Title IV-D agency shall create informational   materials that describe the equal parenting order under Section   153.135 and the possession schedule under the alternative   [standard] possession order under Subchapter F, Chapter 153,   including any modified [alternate] schedules or elections   available to conservators.          SECTION 27.  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 28.  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 29.  This Act takes effect September 1, 2025.