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A BILL TO BE ENTITLED
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AN ACT
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relating to videoconferencing with a child by the child's |
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possessory conservator. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.015, Family Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Any period of electronic communication awarded under |
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this section is in addition to and may not be a substitute for the |
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periods of videoconferencing to which a possessory conservator may |
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be entitled under Section 153.016. |
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SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.016 to read as follows: |
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Sec. 153.016. VIDEOCONFERENCING WITH CHILD BY POSSESSORY |
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CONSERVATOR. (a) Unless otherwise specified by an agreement |
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between conservators and except as provided by Subsection (e), the |
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court shall award the parent appointed as the child's possessory |
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conservator under a standard possession order two periods of |
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videoconferencing with the child each week on days other than |
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Saturday or Sunday to supplement the possessory conservator's |
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periods of possession of the child. |
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(b) Unless otherwise specified by an agreement between |
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conservators or as provided by Subsection (e), each period of |
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videoconferencing awarded under this section must: |
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(1) be at least 15 minutes and not more than 60 minutes |
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in length; and |
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(2) take place each Tuesday and Wednesday between 3:30 |
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p.m. and 9:00 p.m. |
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(c) To facilitate videoconferencing with a child under this |
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section, each conservator of the child 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, including any information specific to the method of |
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videoconferencing available to 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 and sufficient Internet |
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access are reasonably available, accommodate videoconferencing |
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with the child, with the same privacy, respect, and dignity |
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accorded all other forms of access, at a reasonable time. |
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(d) The court may not consider the availability of |
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videoconferencing as a factor in determining child support. The |
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availability of videoconferencing under this section is not |
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intended as a substitute for physical possession of or access to the |
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child where 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 restrict or deny periods of |
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videoconferencing under this section. |
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SECTION 3. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |