BILL ANALYSIS
By: Strama
Juvenile Justice & Family Issues
Committee Report (Substituted)
BACKGROUND AND PURPOSE
During the 79th, 3rd Called Special Session, H.B.1 was passed, moving the start date of the school year to late August, thereby pushing back school calendars around the state. With the later start date, many school districts have had to revise their calendars in order to complete the fall semester before the Christmas holidays, moving the Christmas break closer to Christmas Day than ever before.
Current statute now requires that parents share custody during the Christmas holidays from the date the child is released from school until December 26th, and from December 26th until the start of school. Unfortunately, the new school calendars leave one parent with a far greater share of the child's time during the Christmas holidays than the other parent.
C.S.H.B.2410 would balance the amount of time that the child spends with each parent during the holiday season by changing the date on which one parent must transfer a child to the other parent during the Christmas holiday period from noon on December 26th to noon on December 28th.
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 153.314(1) of the Family Code, by changing the date on which one parent must transfer a child to the other parent during the Christmas holiday period from noon on December 26th to noon on December 28th. Further, amends Section 153.314(7) of the Family Code, by entitling the parent who does not currently have possession of a child on December 25th to possession of the child for a two-hour period on either December 24th or December 25th, provided that the parent pick up and return the child back to the possessory conservator's residence.
EFFECTIVE DATE
September 1, 2007
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B.2410 modifies the original H.B.2410 by providing for a parent who is currently not entitled to present possession of a child on December 25th to a two-hour period of possession on December 24th or 25th, provided that the parent pick up and return the child back to the possessory conservator's residence.