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.