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.
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