88R7118 MLH-D
By: Ramos H.B. No. 1923
A BILL TO BE ENTITLED
AN ACT
relating to videoconferencing with a child by the child's
possessory conservator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 153.015, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Any period of electronic communication awarded under
this section is in addition to and may not be a substitute for the
periods of videoconferencing to which a possessory conservator may
be entitled under Section 153.016.
SECTION 2. Subchapter A, Chapter 153, Family Code, is
amended by adding Section 153.016 to read as follows:
Sec. 153.016. VIDEOCONFERENCING WITH CHILD BY POSSESSORY
CONSERVATOR. (a) Unless otherwise specified by an agreement
between conservators and except as provided by Subsection (e), the
court shall award the parent appointed as the child's possessory
conservator under a standard possession order two periods of
videoconferencing with the child each week on days other than
Saturday or Sunday to supplement the possessory conservator's
periods of possession of the child.
(b) Unless otherwise specified by an agreement between
conservators or as provided by Subsection (e), each period of
videoconferencing awarded under this section must:
(1) be at least 15 minutes and not more than 60 minutes
in length; and
(2) take place each Tuesday and Wednesday between 3:30
p.m. and 9:00 p.m.
(c) To facilitate videoconferencing with a child under this
section, each conservator of the child shall:
(1) provide the other conservator with the e-mail
address and other electronic communication access information of
the child, including any information specific to the method of
videoconferencing available to the child;
(2) notify the other conservator of any change in the
e-mail address or other electronic communication access
information not later than 24 hours after the date the change takes
effect; and
(3) if necessary equipment and sufficient Internet
access are reasonably available, accommodate videoconferencing
with the child, with the same privacy, respect, and dignity
accorded all other forms of access, at a reasonable time.
(d) The court may not consider the availability of
videoconferencing as a factor in determining child support. The
availability of videoconferencing under this section is not
intended as a substitute for physical possession of or access to the
child where otherwise appropriate.
(e) In a suit in which the court's order contains provisions
related to a finding of family violence in the suit, including
supervised visitation, the court may restrict or deny periods of
videoconferencing under this section.
SECTION 3. The enactment of this Act does not constitute a
material and substantial change of circumstances sufficient to
warrant modification of a court order or portion of a decree that
provides for the possession of or access to a child rendered before
the effective date of this Act.
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, 2023.