SRC-JBJ S.B. 1738 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1738
By: Harris
Jurisprudence
3/26/1999
As Filed


DIGEST 

Currently, the Family Code sets forth time requirements for a possessory
conservator to possess a child. The requirements specify when the child may
be picked up and returned to the custodial parent. Alternative possession
times outlined in the code allow the possession of the child to start and
end with the school day, but do not address possession situations for
children not enrolled in school.  In addition, spring vacation, summer
vacation, and other school breaks are addressed in statute for the purpose
of possession, but Easter is not addressed.  S.B. 1738 would include Easter
as a recognized time of possession. 

PURPOSE

As proposed, S.B. 1738 sets forth certain requirements for parents
regarding possession orders. 

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 153.312, Family Code, to require a possessory
conservator the right to a possession of a child ending at an alternative
time authorized by Section 153.317, rather than beginning at the time the
child's school is regularly dismissed and ending at 6 p.m. on the following
Sunday.  Requires the possessory conservator, during vacations and certain
holidays during oddnumbered years, and the managing conservator during
even-numbered years, to have possession of the child beginning at 6 p.m. on
the day the child is dismissed from school for the school's Easter vacation
and ending at 6 p.m. on the day before school resumes after that vacation.
Makes conforming changes. 

SECTION 2.  Amends Section 153.313, Family Code, to make conforming changes.

SECTION 3.  Amends Section 153.315(b), Family Code, to authorize the
possessory conservator, during periods of possession extended by a holiday,
to have possession of the child beginning at the time the child's school is
regularly dismissed and ending at the time the school regularly resumes
after that holiday. 

SECTION 4. Effective date: September 1, 1999.

SECTION 5.Emergency clause.