By:  Hill, F.                                         H.B. No. 2159
       73R1378 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requirement that a possessory conservator pay the
    1-3  travel expenses incurred to facilitate possession of the possessory
    1-4  conservator's child.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 14.033(g), Family Code, is amended to
    1-7  read as follows:
    1-8        (g)  General Terms and Conditions.  Except as otherwise
    1-9  explicitly provided, terms and conditions of possession of a child
   1-10  that apply irrespective of the distance between the residence of a
   1-11  parent and the child are as follows:
   1-12              (1)  the managing conservator shall surrender the child
   1-13  to the possessory conservator at the beginning of each period of
   1-14  the possessory conservator's possession at the residence of the
   1-15  managing conservator;
   1-16              (2)  the possessory conservator shall be ordered to do
   1-17  one of the following:  the possessory conservator shall surrender
   1-18  the child to the managing conservator at the end of each period of
   1-19  possession at the residence of the possessory conservator; or, in
   1-20  the alternative, the possessory conservator shall return the child
   1-21  to the residence of the managing conservator at the end of each
   1-22  period of possession;
   1-23              (3)  each conservator shall return with the child the
   1-24  personal effects that the child brought at the beginning of the
    2-1  period of possession;
    2-2              (4)  either parent may designate any competent adult to
    2-3  pick up and return the child, as applicable; a parent or a
    2-4  designated competent adult shall be present when the child is
    2-5  picked up or returned;
    2-6              (5)  a parent shall give notice to the person in
    2-7  possession of the child on each occasion that the parent will be
    2-8  unable to exercise that parent's right of possession for any
    2-9  specified period; repeated failure of a parent to give notice of an
   2-10  inability to exercise possessory rights may be considered as a
   2-11  factor in a modification of those possessory rights;
   2-12              (6)  written notice shall be deemed to have been timely
   2-13  made if received or postmarked before or at the time that notice is
   2-14  due; <and>
   2-15              (7)  if a conservator's time of possession of a child
   2-16  ends at the time school resumes and for any reason the child is not
   2-17  or will not be returned to school, the conservator in possession of
   2-18  the child shall immediately notify the school and the other
   2-19  conservator that the child will not be or has not been returned to
   2-20  school; and
   2-21              (8)  the possessory conservator shall be responsible
   2-22  for payment of travel expenses as provided by Section 14.063 of
   2-23  this code.
   2-24        SECTION 2.  Subchapter A, Chapter 14, Family Code, is amended
   2-25  by adding Section 14.063 to read as follows:
   2-26        Sec. 14.063.  TRAVEL EXPENSES.  (a)  In any suit affecting
   2-27  the parent-child relationship or reciprocal child support action
    3-1  under Chapter 21 of this code, a court shall order that the
    3-2  possessory conservator pay the reasonable travel expenses of the
    3-3  child incurred by the managing conservator or possessory
    3-4  conservator to facilitate the possessory conservator's right to
    3-5  possess the child.
    3-6        (b)  Any amount that an obligor is required to pay for travel
    3-7  expenses under this section is in addition to the amount that the
    3-8  obligor is required to pay for child support, is a child support
    3-9  obligation, and may be enforced as a child support obligation.
   3-10        SECTION 3.  This Act takes effect September 1, 1993, and
   3-11  applies only to a child support order or portion of a decree
   3-12  providing for the support of a child that is entered on or after
   3-13  that date.
   3-14        SECTION 4.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency   and   an   imperative   public   necessity   that   the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.