CJ C.S.H.B. 2227 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
C.S.H.B. 2227
4-10-97
Committee Report (Substituted)
Introduced

BACKGROUND

One of the difficult problems facing non-custodial parents is the denial
of court-ordered possession or access to their children.  It is not
uncommon for the custodial parent to deny visitation rights as a powerful
weapon against the non-custodial parent.  Current law does not currently
adequately address this problem.  Section 157.168 of the Family Code (the
Code) provides that a court may, but is not required to, order make-up
visitation time when the custodial parent denies access to a child.
Should the court decide not to order make-up time, the parent who has been
denied access is without further recourse and is forced to wait until the
next visitation period to try again to visit her or his child.   

PURPOSE

H.B. 2227 requires the court to order "make-up" possession or access to
compensate for the denial of court-ordered possession or access. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 157.168 of the Family Code to require the court
to order additional periods of possession or access to a child to
compensate for the denial of court-ordered possession or access.  It also
provides that the additional periods of possession should be equivalent to
the periods denied and should occur within one-year after a finding.  It
also allows the person denied access or possession to decide the time of
the additional access or possession. 
subject to the qualifications for like kind and type outlined earlier in
the section. 

SECTION 2.  Effective date:  September 1, 1997;  makes application of the
Act prospective. 

SECTION 3.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill required the additional periods of access to the child.
The substitute returned to the permissive language and added language to
clarify that the qualifications in Subsection (a)(1) applied to the time
of the additional possession.