HBA-SEB S.B. 1738 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1738
By: Harris
Juvenile Justice and Family Issues
4/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Family Code sets forth time requirements for a possessory
conservator to possess a child.  The requirements specify when the child
may be picked up and returned to the custodial parent.  Alternative
possession times outlined in the code allow the possession of the child to
start and end with the school day, but do not address possession situations
for children not enrolled in school.  In addition, spring vacation, summer
vacation, and other school breaks are addressed in statute for the purpose
of possession, but Easter is not addressed.  S.B. 1738 recognizes Easter as
a time of possession and allows for the alternate possession of a child not
enrolled in school. 

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, Family Code, to require a possessory
conservator to have the right to possession of a child on certain weekends
as specified in the original or modification order, beginning and ending at
an alternative time provided by Section 153.317 (Alternative Possession
Times), rather than beginning at the time the child's school is regularly
dismissed and ending at 6 p.m. on the following Sunday.  Authorizes a court
to award Thursdays instead of Wednesdays at the time of the original or
modification order and at the request of the possessory conservator.
Requires the possessory conservator to have possession during odd-numbered
years for the child's Easter vacation if the child's Easter vacation is
different from the child's spring vacation.  Requires the managing
conservator to have possession of the child for Easter vacation during
even-numbered years.  Sets forth the time frame for possession of the
child.  Redesignates Subsections (b)(3)-(4) to (b)(4)(5).  Makes conforming
changes. 

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

SECTION 3.  Amends Section 153.315(b), Family Code, to authorize periods of
possession extended by holiday to begin at the time the child's school is
regularly dismisses and end at the time the school regularly resumes after
the holiday.  

SECTION 4.  Amends Section 153.317, Family Code, to delete a provision that
a child be enrolled in a school in order for a possessory conservator to
possess the child at alternative times.  Makes nonsubstantive changes. 

SECTION 5.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 6.Emergency clause.