new rules for school-day custody handoffs

The text as introduced · 873 words

89R4113 KRM-D

By: Morales of Harris
H.B. No. 315

A BILL TO BE ENTITLED

AN ACT

relating to the terms and conditions of a standard possession order

in a suit affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 153.316, Family Code, is amended to read

as follows:

Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court

shall order the following general terms and conditions of

possession of a child to apply without regard to the distance

between the residence of a parent and the child:

(1) the managing conservator shall surrender the child

to the possessory conservator at the beginning of each period of the

possessory conservator's possession at the residence of the

managing conservator;

(2) if the possessory conservator elects to begin a

period of possession at the time the child's school is regularly

dismissed, the managing conservator shall surrender the child to

the possessory conservator at the beginning of each period of

possession at :

(A) the school in which the child is enrolled ; or

(B) if the child is not physically attending

school:

(i) the managing conservator's residence;

(ii) a location agreed to by all parties; or

(iii) a location determined by a party who,

following a finding under Section 105.006(c), is not required to

disclose the party's address to the other party or is protected from

the other party by an order rendered by the court ;

(3) the possessory conservator shall be ordered to do

one of the following:

(A) the possessory conservator shall surrender

the child to the managing conservator at the end of each period of

possession at the residence of the possessory conservator; or

(B) the possessory conservator shall return the

child to the residence of the managing conservator at the end of

each period of possession, except that the order shall provide that

the possessory conservator shall surrender the child to the

managing conservator at the end of each period of possession at the

residence of the possessory conservator if:

(i) at the time the original order or a

modification of an order establishing terms and conditions of

possession or access the possessory conservator and the managing

conservator lived in the same county, the possessory conservator's

county of residence remains the same after the rendition of the

order, and the managing conservator's county of residence changes,

effective on the date of the change of residence by the managing

conservator; or

(ii) the possessory conservator and

managing conservator lived in the same residence at any time during

a six-month period preceding the date on which a suit for

dissolution of the marriage was filed and the possessory

conservator's county of residence remains the same and the managing

conservator's county of residence changes after they no longer live

in the same residence, effective on the date the order is rendered;

(4) if the possessory conservator elects to end a

period of possession at the time the child's school resumes, the

possessory conservator shall surrender the child to the managing

conservator at the end of each period of possession at :

(A) the school in which the child is enrolled ; or

(B) if the child is not physically attending

school:

(i) the possessory conservator's residence;

(ii) a location agreed to by all parties; or

(iii) a location determined by a party who,

following a finding under Section 105.006(c), is not required to

disclose the party's address to the other party or is protected from

the other party by an order rendered by the court ;

(5) each conservator shall return with the child the

personal effects that the child brought at the beginning of the

period of possession;

(6) either parent may designate a competent adult to

pick up and return the child, as applicable; a parent or a

designated competent adult shall be present when the child is

picked up or returned;

(7) a parent shall give notice to the person in

possession of the child on each occasion that the parent will be

unable to exercise that parent's right of possession for a

specified period;

(8) written notice, including notice provided by

electronic mail or facsimile, shall be deemed to have been timely

made if received or, if applicable, postmarked before or at the time

that notice is due; and

(9) if a conservator's time of possession of a child

ends at the time school is scheduled to resume [ resumes ] and [ for

any reason ] the child is not physically attending [ or will not be

returned to ] school, the conservator in possession of the child

shall immediately notify [ the school and ] the other conservator

that the child will not be or has not been returned to school.

SECTION 2. The change in law made by this Act applies only

to a court order providing for possession of or access to a child

rendered on or after the effective date of this Act. A court order

rendered before the effective date of this Act is governed by the

law in effect on the date the order was rendered, and the former law

is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.