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.