| 1 | 1 | | 88R6249 MLH-F |
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| 2 | 2 | | By: Cook H.B. No. 1966 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to additional periods of possession of or access to a child |
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| 8 | 8 | | to compensate for denial of court-ordered possession or access. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 157.168, Family Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. |
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| 13 | 13 | | (a) Unless a party shows good cause why the order should not be |
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| 14 | 14 | | rendered, a [A] court shall [may] order additional periods of |
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| 15 | 15 | | possession of or access to a child to compensate for the denial of |
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| 16 | 16 | | court-ordered possession or access, including when the denial |
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| 17 | 17 | | resulted from an investigation by the Department of Family and |
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| 18 | 18 | | Protective Services that did not result in a finding of abuse or |
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| 19 | 19 | | neglect. |
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| 20 | 20 | | (a-1) The additional periods of possession or access: |
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| 21 | 21 | | (1) must be of the same type and duration of the |
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| 22 | 22 | | possession or access that was denied; |
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| 23 | 23 | | (2) may include weekend, holiday, and summer |
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| 24 | 24 | | possession or access; and |
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| 25 | 25 | | (3) must occur on or before the second anniversary of |
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| 26 | 26 | | the date the court finds that court-ordered possession or access |
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| 27 | 27 | | has been denied. |
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| 28 | 28 | | (b) The person denied possession or access is entitled to |
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| 29 | 29 | | decide the time of the additional possession or access, subject to |
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| 30 | 30 | | the provisions of Subsection (a-1)(1) [(a)(1)]. |
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| 31 | 31 | | SECTION 2. The enactment of this Act does not constitute a |
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| 32 | 32 | | material and substantial change of circumstances sufficient to |
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| 33 | 33 | | warrant modification of a court order or portion of a decree that |
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| 34 | 34 | | provides for the possession of or access to a child rendered before |
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| 35 | 35 | | the effective date of this Act. |
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| 36 | 36 | | SECTION 3. The change in law made by this Act applies only |
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| 37 | 37 | | to a suit affecting the parent-child relationship pending before a |
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| 38 | 38 | | trial court on or filed on or after the effective date of this Act. |
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| 39 | 39 | | A suit affecting the parent-child relationship in which a final |
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| 40 | 40 | | order is rendered before the effective date of this Act is governed |
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| 41 | 41 | | by the law in effect on the date the order was rendered, and the |
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| 42 | 42 | | former law is continued in effect for that purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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