SRC-PNG H.B. 2990 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2990
76R12226 MCK-DBy: Davis, John (Harris)
Jurisprudence
5/13/1999
Engrossed


DIGEST 

Currently, makeup visitation, which is awarded by a judge based upon a
previous violation of court ordered possession of or access to a child,
must be made up within a one-year period. In some cases, such as making up
Christmas or another holiday, it may be that the non-custodial parent had
already been granted the following holiday. As a result, the visitation
could not be made up because the next holiday was more than one year after
the denied possession. In addition, the denied visitation may be difficult
to make up within one year without giving exclusive possession of the child
to the noncustodial parent, which judges may not be willing to do. H.B.
2990 provides that additional periods of possession of or access to a child
must be made up within a two-year period, rather than a one-year period. 

PURPOSE

As proposed, H.B. 2990 provides that additional periods of possession of or
access to a child must be made up within a two-year period, rather than a
one-year period for court ordered possession of a child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 157.168(a), Family Code, to provide that
additional periods of possession of or access to a child granted as
compensation for the denial of court-ordered possession or access must
occur on or before the second, rather than the first, anniversary of the
date the court finds such a denial has occurred.  

SECTION 2.  Effective date: September 1, 1999. 
  Makes application of this Act prospective.  

SECTION 3. Emergency clause