Texas 2023 - 88th Regular

Texas Senate Bill SB718 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 718
2	2
3	3
4	4	AN ACT
5	5	relating to additional periods of possession of or access to a child
6	6	to compensate for denial of court-ordered possession or access.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 157.168, Family Code, is amended to read
9	9	as follows:
10	10	Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR
11	11	ACCESS. (a) Except as provided in Subsection (a-1), a [A] court
12	12	may order additional periods of possession of or access to a child
13	13	to compensate for the denial of court-ordered possession or access.
14	14	(a-1) Unless a party shows good cause why the order should
15	15	not be rendered, a court shall order additional periods of
16	16	possession of or access to a child to compensate for a denial of
17	17	court-ordered possession or access that resulted from an
18	18	investigation by the Department of Family and Protective Services
19	19	that did not result in a finding of abuse or neglect.
20	20	(a-2) The additional periods of possession or access:
21	21	(1) must be of the same type and duration of the
22	22	possession or access that was denied;
23	23	(2) may include weekend, holiday, and summer
24	24	possession or access; and
25	25	(3) must occur on or before the second anniversary of
26	26	the date the court finds that court-ordered possession or access
27	27	has been denied.
28	28	(b) The person denied possession or access is entitled to
29	29	decide the time of the additional possession or access, subject to
30	30	the provisions of Subsection (a-2)(1) [(a)(1)].
31	31	(c) Subsection (a-1) does not:
32	32	(1) create a cause of action against the Department of
33	33	Family and Protective Services; or
34	34	(2) waive sovereign immunity to suit or liability.
35	35	SECTION 2. The enactment of this Act does not constitute a
36	36	material and substantial change of circumstances sufficient to
37	37	warrant modification of a court order or portion of a decree that
38	38	provides for the possession of or access to a child rendered before
39	39	the effective date of this Act.
40	40	SECTION 3. The change in law made by this Act applies only
41	41	to a suit affecting the parent-child relationship pending before a
42	42	trial court on or filed on or after the effective date of this
43	43	Act. A suit affecting the parent-child relationship in which a
44	44	final order is rendered before the effective date of this Act is
45	45	governed by the law in effect on the date the order was rendered,
46	46	and the former law is continued in effect for that purpose.
47	47	SECTION 4. This Act takes effect September 1, 2023.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I hereby certify that S.B. No. 718 passed the Senate on
51	51	March 21, 2023, by the following vote: Yeas 31, Nays 0; and that
52	52	the Senate concurred in House amendment on May 27, 2023, by the
53	53	following vote: Yeas 31, Nays 0.
54	54	______________________________
55	55	Secretary of the Senate
56	56	I hereby certify that S.B. No. 718 passed the House, with
57	57	amendment, on May 24, 2023, by the following vote: Yeas 133,
58	58	Nays 5, one present not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor