BILL ANALYSIS
By: Gonzales
Juvenile Justice & Family Issues
BACKGROUND AND PURPOSE
Currently, a standard possession order in Texas allows a possessory conservator visitation on the first, third, and fifth weekend of each month. Additionally, the possessory conservator is permitted a 30 day visitation period during the summer. However, the Family Code does not explicitly state that the weekend visitation resumes once the 30 day visitation period is over.
H.B.1864 amends the Family Code to clarify the intent of a standard possession order and to allow for visitation on the first, third, and fifth weekend of each month to resume upon completion of the 30 day visitation period.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Amends Section 153.312(a) of the Family Code, to provide that if the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child on weekends throughout the year beginning at 6:00p.m., on the first, third and fifth Friday of each month and ending at 6:00p.m., on the following Sunday except that at the possessory conservator's election made before or at the time of the original or modification order, the weekend periods of possession that occur during the regular school term shall begin at the time the child's school is dismissed and end at 6:00p.m., on the following Sunday.
EFFECTIVE DATE
September 1, 2007