HBA-GUM H.B. 2990 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2990
By: Davis, John
Juvenile Justice & Family Issues
7/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, makeup visitation, which is awarded by
a judge based upon a previous violation of court- ordered possession of or
access to a child, must have been 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 non-custodial 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.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

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.