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A BILL TO BE ENTITLED
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AN ACT
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relating to additional periods of possession of or access to a child |
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to compensate for denial of court-ordered possession or access. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 157.168, Family Code, is amended to read |
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as follows: |
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Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. |
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(a) Unless a party shows good cause why the order should not be |
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rendered, a [A] court shall [may] order additional periods of |
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possession of or access to a child to compensate for the denial of |
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court-ordered possession or access, including when the denial |
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resulted from an investigation by the Department of Family and |
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Protective Services that did not result in a finding of abuse or |
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neglect. |
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(a-1) The additional periods of possession or access: |
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(1) must be of the same type and duration of the |
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possession or access that was denied; |
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(2) may include weekend, holiday, and summer |
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possession or access; and |
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(3) must occur on or before the second anniversary of |
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the date the court finds that court-ordered possession or access |
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has been denied. |
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(b) The person denied possession or access is entitled to |
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decide the time of the additional possession or access, subject to |
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the provisions of Subsection (a-1)(1) [(a)(1)]. |
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SECTION 2. The enactment of this Act does not constitute a |
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material and substantial change of circumstances sufficient to |
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warrant modification of a court order or portion of a decree that |
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provides for the possession of or access to a child rendered before |
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the effective date of this Act. |
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SECTION 3. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship pending before a |
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trial court on or filed on or after the effective date of this Act. |
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A suit affecting the parent-child relationship in which a final |
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order is rendered before the effective date of this Act is governed |
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by the law in effect on the date the order was rendered, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |