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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of electronic communication by a conservator of |
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a child to facilitate communication with the child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.015 to read as follows: |
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Sec. 153.015. ELECTRONIC COMMUNICATION WITH CHILD BY |
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CONSERVATOR. (a) In this section, "electronic communication" |
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means any communication facilitated by the use of any wired or |
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wireless technology via the Internet or any other electronic media. |
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The term includes communication facilitated by the use of a |
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telephone, electronic mail, instant messaging, videoconferencing, |
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or webcam. |
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(b) If a conservator of a child requests the court to order |
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periods of electronic communication with the child under this |
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section, the court may award the conservator reasonable periods of |
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electronic communication with the child to supplement the |
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conservator's periods of possession of the child. In determining |
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whether to award electronic communication, the court shall |
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consider: |
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(1) whether electronic communication is in the best |
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interest of the child; |
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(2) whether equipment necessary to facilitate the |
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electronic communication is reasonably available to all parties |
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subject to the order; and |
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(3) any other factor the court considers appropriate. |
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(c) If a court awards a conservator periods of electronic |
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communication with a child under this section, each conservator |
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subject to the court's order shall: |
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(1) provide the other conservator with the e-mail |
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address and other electronic communication access information of |
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the child; |
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(2) notify the other conservator of any change in the |
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e-mail address or other electronic communication access |
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information not later than 24 hours after the date the change takes |
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effect; and |
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(3) if necessary equipment is reasonably available, |
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accommodate electronic communication with the child, with the same |
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privacy, respect, and dignity accorded all other forms of access, |
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at a reasonable time and for a reasonable duration subject to any |
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limitation provided by the court in the court's order. |
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(d) The court may not consider the availability of |
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electronic communication as a factor in: |
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(1) computing the amount of child support to be |
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ordered; |
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(2) rendering an order granting periods of possession |
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of the child; or |
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(3) considering a request by the managing conservator |
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of the child to relocate the primary residence of the child. |
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(e) In a suit in which the court's order contains provisions |
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related to a finding of family violence in the suit, including |
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supervised visitation, the court may award periods of electronic |
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communication under this section only if: |
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(1) the award and terms of the award are mutually |
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agreed to by the parties; and |
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(2) the terms of the award: |
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(A) are printed in the court's order in |
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boldfaced, capitalized type; and |
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(B) include any specific restrictions relating |
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to family violence or supervised visitation, as applicable, |
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required by other law to be included in a possession or access |
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order. |
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SECTION 2. This Act takes effect September 1, 2007, and |
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applies to a suit affecting the parent-child relationship filed |
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before, on, or after that date. |