89R4379 MLH-F     By: Cook H.B. No. 1915       A BILL TO BE ENTITLED   AN ACT   relating to orders for possession of and access to a child in a suit   affecting the parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 153.253, Family Code, is amended to read   as follows:          Sec. 153.253.  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   the 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 standard possession order unworkable or   inappropriate.          SECTION 2.  Section 153.254, Family Code, is amended by   amending Subsection (a) and adding Subsections (b) and (c) to read   as follows:          (a)  The court shall render an order appropriate under the   circumstances for possession of a child less than three years of   age. In rendering the order, the court shall consider evidence of   all relevant factors, including:                (1)  the preexisting parent-child relationship,   including whether there has been minimal or inconsistent contact   with the child and the child's siblings, if applicable [caregiving   provided to the child before and during the current suit];                (2)  [the effect on the child that may result from   separation from either party;                [(3)]  the personal availability of the parties as   caregivers [and the willingness of the parties to personally care   for the child];                (3) [(4)]  the present and immediate physical,   medical, behavioral, or [and] developmental needs of the child;                (4)  any [(5)  the] physical, medical, behavioral   [emotional], economic, or [and] social conditions of the parties;                (5) [(6)]  the impact and influence of each individual   residing in a residence with a party to the suit or having   considerable interaction with the child [individuals, other than   the parties, who will be present] during a party's periods of   possession;                (6)  the present and proposed environments in which   possession and access has occurred or is to occur;                (7)  the presence or absence of siblings during periods   of possession;                (8)  the child's need to develop healthy attachments to   each party, if possible [both parents];                (9)  the child's need for continuity of routine;                (10)  the location and proximity of the residences of   the parties;                (11)  the need for a graduated [temporary] possession   schedule when there has been [that incrementally shifts to the   schedule provided in the prospective order under Subsection (d)   based on:                      [(A)  the age of the child; or                      [(B)]  minimal or inconsistent contact with the   child [by a party];                (12)  the ability of the parties to share in the   responsibilities, rights, and duties of caring for the child   [parenting]; and                (13)  any other issue consistent with [evidence of] the   best interest of the child, taking into consideration the   circumstances of the parties.          (b)  The court shall render an order for periods of   possession of a child less than three years of age based on the   agreement of the parties, unless the court determines the agreement   is not in the best interest of the child.          (c)  Section 153.258 applies to an order rendered under this   section.          SECTION 3.  The heading to Section 153.258, Family Code, is   amended to read as follows:          Sec. 153.258.  REQUEST FOR FINDINGS WHEN ORDER VARIES FROM   STANDARD POSSESSION ORDER.          SECTION 4.  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   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   standard possession order.          SECTION 5.  The changes in law made by this Act to Section   153.254, Family Code, apply only to a suit affecting the   parent-child relationship that is filed on or after the effective   date of this Act. A suit filed before the effective date of this Act   is governed by the law in effect on the date the suit is filed, and   the former law is continued in effect for that purpose.          SECTION 6.  This Act takes effect September 1, 2025.