CJ S.B. 435 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 435
By: HARRIS (Thompson)
3-27-97
Committee Report (Unamended)


BACKGROUND 

Currently, Texas law requires a possessory conservator to surrender the
child to the managing conservator at the residence of the possessory
conservator under certain conditions.  However, there is a long-standing
issue in the area of family law regarding where parents pick up and drop
off children under a court order for visitation.  This bill will require
the possessory conservator to return the child to the managing conservator
at the possessory conservator's residence, if at the time of the original
court order or a subsequent modification, both had lived in the same
county. 

PURPOSE

As proposed, S.B. 435 alters standard orders for the possession of a child.

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 Sections 153.316 and 153.317, Family Code, to require
the court to order the possessory conservator to surrender the child to
the managing conservator at the end of each period of possession at the
residence of the possessory conservator if at the time the original order
or a modification of an order establishing terms and conditions of
possession or access the possessory conservator and the managing
conservator lived in the same county.  Requires, rather than authorizes,
the standard order to expressly provide that the possessory conservator's
period of possession is required to begin or end, or both, at a different
time expressly set in the standard order within the range of certain
alternative times.  Makes conforming changes. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.