BILL ANALYSIS

H.B. 1807

By: Dutton

Juvenile Justice & Family Issues

Committee Report (Unamended)

BACKGROUND AND PURPOSE

A noncustodial parent may elect one of several options to increase the parent's time with a child in addition to the standard basic time allotted. If the noncustodial parent makes all of the elections offered under state law, the parenting time of each parent may be equal in terms of days, during which the noncustodial parent has significant time with the child. There have been calls to clarify the periods of possession such a parent can elect to provide for additional overnight opportunities for these noncustodial parents. H.B. 1807 seeks to address this issue by clarifying the full periods of possession such a conservator may elect.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 1807 amends the Family Code to require a conservator who is a party to a mediated settlement agreement or a collaborative family law settlement agreement that includes a possession order to make the conservator's election of certain alternative beginning and ending possession times for the described periods of that conservator's possession before the conservator making the election signs that agreement, with respect to an order for parents who reside 100 miles or less apart, for a weekend possession extended by a holiday, and for a holiday possession unaffected by distance. The bill subjects to that limitation the requirement that a court alter the standard possession order to provide for increased times of possession for a conservator as a result of a conservator's election of one or more alternative beginning and ending possession times for the described periods of that conservator's possession.

H.B. 1807 expands the alternative beginning and ending possession times to include the following periods:

· for spring vacation periods of possession for parents who reside 100 miles or less apart, ending at the time the child's school resumes after those vacations or beginning at the time the child's school is dismissed for those vacations and ending at the time the child's school resumes after those vacations;

· for Christmas school vacation periods of possession in holiday possessions unaffected by distance, ending at the time the child's school resumes after the vacation; and

· for Thanksgiving holiday periods of possession in holiday possessions unaffected by distance, ending at the time the child's school resumes after the holiday or the period beginning at the time the child's school is dismissed for the holiday and ending at the time the child's school resumes after the holiday.

EFFECTIVE DATE

September 1, 2019.