S.B. No. 718
AN ACT
relating to additional periods of possession of or access to a child
to compensate for denial of court-ordered possession or access.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 157.168, Family Code, is amended to read
as follows:
Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR
ACCESS. (a) Except as provided in Subsection (a-1), a [A] court
may order additional periods of possession of or access to a child
to compensate for the denial of court-ordered possession or access.
(a-1) Unless a party shows good cause why the order should
not be rendered, a court shall order additional periods of
possession of or access to a child to compensate for a denial of
court-ordered possession or access that resulted from an
investigation by the Department of Family and Protective Services
that did not result in a finding of abuse or neglect.
(a-2) The additional periods of possession or access:
(1) 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.
(b) The person denied possession or access is entitled to
decide the time of the additional possession or access, subject to
the provisions of Subsection (a-2)(1) [(a)(1)].
(c) Subsection (a-1) does not:
(1) create a cause of action against the Department of
Family and Protective Services; or
(2) waive sovereign immunity to suit or liability.
SECTION 2. 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 3. The change in law made by this Act applies only
to a suit affecting the parent-child relationship pending before a
trial court on or filed on or after the effective date of this
Act. A suit affecting the parent-child relationship in which a
final order is rendered before the effective date of this Act is
governed by the law in effect on the date the order was rendered,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 718 passed the Senate on
March 21, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 27, 2023, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 718 passed the House, with
amendment, on May 24, 2023, by the following vote: Yeas 133,
Nays 5, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor