By Reyna of Dallas                                    H.B. No. 2789
         77R7455 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the possessory conservator's access to a child on the
 1-3     telephone.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter F, Chapter 153, Family Code, is
 1-6     amended by adding Section 153.318 to read as follows:
 1-7           Sec. 153.318.  TELEPHONE ACCESS.  (a)  On the request of the
 1-8     possessory conservator, the court shall include in the possession
 1-9     order that the possessory conservator shall have access to the
1-10     child on the telephone during a specified time each week.  The
1-11     order shall specify:
1-12                 (1)  the day of the week for the telephone access;
1-13                 (2)  the time that the child must be made available for
1-14     telephone access; and
1-15                 (3)  the procedure the managing conservator must follow
1-16     if the child will not be available during the designated time for
1-17     telephone access.
1-18           (b)  Unless the managing conservator can show that the
1-19     requirement would cause undue financial hardship, the court shall
1-20     order the managing conservator to have a telephone answering device
1-21     or service to receive or record messages to the child from the
1-22     possessory conservator.
1-23           SECTION 2.  This Act takes effect September 1, 2001, and
1-24     applies to an order or portion of a decree providing for possession
 2-1     of or access to a child that is rendered on or after that date.  An
 2-2     order rendered before the effective date of this Act is governed by
 2-3     the law that existed on the date the order was rendered, and the
 2-4     former law is continued in effect for that purpose.