Texas 2019 - 86th Regular

Texas Senate Bill SB2198 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14369 JSC-F
2	2	By: Rodríguez S.B. No. 2198
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of a court order for possession of or
8	8	access to a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 157.165, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as
13	13	provided by Subsection (b), the [The] court may place the
14	14	respondent on community supervision and suspend commitment if the
15	15	court finds that the respondent is in contempt of court for failure
16	16	or refusal to obey an order rendered as provided in this title.
17	17	(b) The court may not place the respondent on community
18	18	supervision and suspend commitment if the court finds that the
19	19	respondent:
20	20	(1) is in contempt of court for the failure or refusal
21	21	to obey an order for possession of or access to a child; and
22	22	(2) has previously been found in contempt of court for
23	23	the failure or refusal to obey an order for possession of or access
24	24	to a child.
25	25	SECTION 2. Section 157.167, Family Code, is amended by
26	26	amending Subsection (c) and adding Subsection (e) to read as
27	27	follows:
28	28	(c) Except as provided by Subsections [Subsection] (d) and
29	29	(e), for good cause shown, the court may waive the requirement that
30	30	the respondent pay attorney's fees and costs if the court states the
31	31	reasons supporting that finding.
32	32	(e) The court may not waive the requirement that the
33	33	respondent pay attorney's fees and costs if the court finds that the
34	34	respondent has previously been found in contempt of court for the
35	35	denial of court-ordered possession or access with respect to the
36	36	same child or children.
37	37	SECTION 3. Section 157.168, Family Code, is amended by
38	38	amending Subsection (a) and adding Subsection (c) to read as
39	39	follows:
40	40	(a) A court shall [may] order additional periods of
41	41	possession of or access to a child to compensate for the denial of
42	42	court-ordered possession or access. The additional periods of
43	43	possession or access:
44	44	(1) except as provided by Subsection (c), must be of
45	45	the same type and duration of the possession or access that was
46	46	denied;
47	47	(2) may include weekend, holiday, and summer
48	48	possession or access; and
49	49	(3) must occur on or before the second anniversary of
50	50	the date the court finds that court-ordered possession or access
51	51	has been denied.
52	52	(c) If the court finds that the respondent has previously
53	53	been found in contempt of court for the denial of court-ordered
54	54	possession or access with respect to the same child or children, the
55	55	court shall order that the person denied possession or access
56	56	receive two additional periods of possession or access of the same
57	57	type and duration for each period of possession or access that was
58	58	denied.
59	59	SECTION 4. The change in law made by this Act applies to a
60	60	suit affecting the parent-child relationship that is pending in a
61	61	trial court on the effective date of this Act or that is filed on or
62	62	after the effective date of this Act.
63	63	SECTION 5. This Act takes effect September 1, 2019.