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


Senate Research CenterC.S.S.B. 1738
76R10273 MCK-DBy: Harris
Jurisprudence
3/31/1999
Committee Report (Substituted)


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.  C.S.S.B. 1738 would include
Easter as a recognized time of possession. 

PURPOSE

As proposed, C.S.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 possession of a child ending at an alternative
time provided 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, provided that the court at the time of the original order, awards
Thursday instead of Wednesday. Establishes that certain provisions govern
possession of the child for vacations and certain holidays and supersede
conflicting weekend or Wednesday or Thursday periods of possession.
Requires the possessory conservator, during vacations and certain holidays
during odd-numbered 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,
if the school has an Easter vacation and the vacation occurs at a time
different than Subdivisions (1).  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.  Amends Section 153.317, Family Code, to delete provisions
regarding a child enrolled in a school in a requirement that a standard
order include periods of possession.  Makes conforming changes. 

SECTION 5.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 6.Emergency clause.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Section 153.312, Family Code, by amending Subsection (a), to include
Wednesday as a time to begin and end possession of a child for Easter week,
provided that the court award possession on the Wednesday.  Makes
nonsubstantive changes. 

SECTION 2.  

 Amends Section 153.313, Family Code, to delete repetitive information.

SECTION 4.

Amends Section 153.317, Family Code, to delete provisions regarding a child
enrolled in a school.  Makes conforming changes. 

SECTION 5.

 Makes application of this Act prospective.