1-1 By: Brown S.B. No. 1394 1-2 (In the Senate - Filed March 11, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 22, 1999, reported favorably, as amended, by the following 1-5 vote: Yeas 3, Nays 0; April 22, 1999, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Brown 1-7 Amend S.B. No. 1394 on page 1 as follows: 1-8 (1) On line 22 strike the word "the" and replace with "a 1-9 joint managing conservator or" 1-10 (2) On line 24 strike the word "possessory." 1-11 (3) On line 33 strike the word "unless" and replace with "In 1-12 addition to the access provided for in Subsection (a), unless" 1-13 (4) On line 33 after the word conservator add "providing for 1-14 the primary residence for the child" 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to the possessory conservator's access to a child on the 1-18 telephone. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. Subchapter F, Chapter 153, Family Code, is 1-21 amended by adding Section 153.318 to read as follows: 1-22 Sec. 153.318. TELEPHONE ACCESS. (a) On the request of the 1-23 possessory conservator, the court shall include in the possession 1-24 order that the possessory conservator shall have access to the 1-25 child on the telephone during a specified time each week. The 1-26 order shall specify: 1-27 (1) the day of the week for the telephone access; 1-28 (2) the time that the child must be made available for 1-29 telephone access; and 1-30 (3) the procedure the managing conservator must follow 1-31 if the child will not be available during the designated time for 1-32 telephone access. 1-33 (b) Unless the managing conservator can show that the 1-34 requirement would cause undue financial hardship, the court shall 1-35 order the managing conservator to have a telephone answering device 1-36 or service to receive or record messages to the child from the 1-37 possessory conservator. 1-38 SECTION 2. This Act takes effect September 1, 1999, and 1-39 applies to an order or portion of a decree providing for possession 1-40 of or access to a child that is rendered on or after that date. An 1-41 order rendered before the effective date of this Act is governed by 1-42 the law that existed on the date the order was rendered, and the 1-43 former law is continued in effect for that purpose. 1-44 SECTION 3. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended. 1-49 * * * * *