HBA-NLM H.B. 32 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 32
By: Goolsby
Juvenile Justice & Family Issues
8/11/99
Enrolled


BACKGROUND AND PURPOSE 

The deadline for notification of summer visitation dates for children of
divorced parents was May 1. Many organized summer activities required
pre-registration, enrollment, or notification of planned attendance prior
to that May 1 deadline. C.S.H.B. 32 moves the deadline for notification of
summer visitation dates by the possesory conservator of a child from May 1
to April 1. This bill also moves the deadline for notification of weekend
visitation dates by the managing conservator of a child from June 1 to
April 15.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.312 (b), Family Code, by requiring a
possessory conservator to give written notice to the managing conservator
by April 1, rather than May 1, for the right of possession of a child
during the summer.  Requires the managing conservator to give written
notice to the possessory conservator by April 15, rather than June 1, for
weekend possession of a child as described by this subsection. Authorizes
the managing conservator to designate one weekend of possession, during a
child's summer vacation, during which an otherwise scheduled weekend period
of possession by the possessory conservator will not take place, if the
managing conservator gives written notice to the possessory conservator by
April 15, rather than May 15, of each year, or gives the possesory
conservator 14 days' written notice on or after April 16, rather than May
16, of each year. Makes conforming changes. 

SECTION 2.  Amends Section 153.313, Family Code, to make conforming changes.

SECTION 3.  Effective date: September 1, 1999. Provides that the change
made by this Act constitutes a material and substantial change under
Section 156.301 (Grounds for Modification of Possession and Access), Family
Code, authorizing a court, on motion of any party, to modify a standard
possession order in effect on the effective date of this Act to conform to
this Act.   

SECTION 4.  Emergency clause.