CJ H.B. 3012 75(R) BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES H.B. 3012 4-10-97 Committee Report (Unamended) Introduced BACKGROUND Section 153.312(a) of the Family Code (the "Code") sets-forth the standard possession order if the noncustodial parent (the "possessory conservator") lives within 100 miles from the primary residence of the child. Under the current statute, the standard possession order is on weekends beginning at 6:00 p.m. the first, third and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. However, the possessory conservator may elect for possession to begin at the time school is dismissed on Friday and end at the time school resumes on Monday. (See Section 153.316 of the Code which allows the possessory conservator to elect to surrender the child to the managing conservator at the child's school at the end of the possessory period.) Under the standard possession order, the possessory conservator is also entitled to possession each Wednesday from 6:00 p.m. until 8:00 p.m. The possessory conservator may elect to have possession begin at the time school is dismissed on Wednesday. There is currently no provision analogous to Section 153.316 which allows the possession to continue until school begins on Thursday. It is often difficult for noncustodial parents to play active roles in all aspects of their children's lives when they are denied overnight access throughout the week. Allowing possessory conservators to spend time with their children from Wednesday night until Thursday morning serves several beneficial purposes. First, it allows the noncustodial parents greater access to involvement in the child's education by allowing him or her an opportunity to help with homework, interact more frequently with the child's teacher(s), and be involved in the child's regular, weekly routine. Next, pick-up and drop-off at school minimizes the interaction between the child's parents, which can sometimes be stressful to the child if relations between the parents are strained. Finally, the Thursday morning drop-off provides an additional option which the custodial parent will often benefit from. PURPOSE H.B. 3012 changes the standard possession order to allow possession of the child from Wednesday at the time school is dismissed until the time school resumes on Thursday. 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 153.312(a) to allow the possessory conservator to elect to possess the child from the time school is regularly dismissed on Wednesday until the time school resumes on Thursday. SECTION 2. Effective date: September 1, 1997; emergency clause.