86R14369 JSC-F
By: RodrÃguez S.B. No. 2198
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of a court order for possession of or
access to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.165, Family Code, is amended to read
as follows:
Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as
provided by Subsection (b), the [The] court may place the
respondent on community supervision and suspend commitment if the
court finds that the respondent is in contempt of court for failure
or refusal to obey an order rendered as provided in this title.
(b) The court may not place the respondent on community
supervision and suspend commitment if the court finds that the
respondent:
(1) is in contempt of court for the failure or refusal
to obey an order for possession of or access to a child; and
(2) has previously been found in contempt of court for
the failure or refusal to obey an order for possession of or access
to a child.
SECTION 2. Section 157.167, Family Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by Subsections [Subsection] (d) and
(e), for good cause shown, the court may waive the requirement that
the respondent pay attorney's fees and costs if the court states the
reasons supporting that finding.
(e) The court may not waive the requirement that the
respondent pay attorney's fees and costs if the court finds that the
respondent has previously been found in contempt of court for the
denial of court-ordered possession or access with respect to the
same child or children.
SECTION 3. Section 157.168, Family Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A court shall [may] order additional periods of
possession of or access to a child to compensate for the denial of
court-ordered possession or access. The additional periods of
possession or access:
(1) except as provided by Subsection (c), must be of
the same type and duration of the possession or access that was
denied;
(2) may include weekend, holiday, and summer
possession or access; and
(3) must occur on or before the second anniversary of
the date the court finds that court-ordered possession or access
has been denied.
(c) If the court finds that the respondent has previously
been found in contempt of court for the denial of court-ordered
possession or access with respect to the same child or children, the
court shall order that the person denied possession or access
receive two additional periods of possession or access of the same
type and duration for each period of possession or access that was
denied.
SECTION 4. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or that is filed on or
after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2019.