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AN ACT
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relating to additional periods of possession of or access to a child |
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to compensate for denial of court-ordered possession or access. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.168, Family Code, is amended to read |
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as follows: |
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Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR |
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ACCESS. (a) Except as provided in Subsection (a-1), a [A] court |
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may order additional periods of possession of or access to a child |
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to compensate for the denial of court-ordered possession or access. |
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(a-1) Unless a party shows good cause why the order should |
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not be rendered, a court shall order additional periods of |
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possession of or access to a child to compensate for a denial of |
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court-ordered possession or access that resulted from an |
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investigation by the Department of Family and Protective Services |
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that did not result in a finding of abuse or neglect. |
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(a-2) The additional periods of possession or access: |
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(1) must be of the same type and duration of the |
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possession or access that was denied; |
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(2) may include weekend, holiday, and summer |
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possession or access; and |
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(3) must occur on or before the second anniversary of |
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the date the court finds that court-ordered possession or access |
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has been denied. |
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(b) The person denied possession or access is entitled to |
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decide the time of the additional possession or access, subject to |
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the provisions of Subsection (a-2)(1) [(a)(1)]. |
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(c) Subsection (a-1) does not: |
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(1) create a cause of action against the Department of |
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Family and Protective Services; or |
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(2) waive sovereign immunity to suit or liability. |
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SECTION 2. 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 3. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending before a |
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trial court on or filed on or after the effective date of this |
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Act. A suit affecting the parent-child relationship in which a |
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final order is rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 718 passed the Senate on |
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March 21, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 718 passed the House, with |
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amendment, on May 24, 2023, by the following vote: Yeas 133, |
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Nays 5, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |