HBA-NLM H.B. 32 76(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 32
By: Goolsby
Juvenile Justice & Family Issues
2/26/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the deadline for notification of summer visitation dates for
children of divorced parents is  May 1. Many organized summer activities
require pre-registration, enrollment, or notification of planned attendance
prior to the May 1 deadline. C.S.H.B. 32 moves the deadline for
notification of summer visitation dates by the possesory conservator of a
child from May 1 to March 15. This bill also moves the deadline for
notification of weekend visitation dates by the managing conservator of a
child from June 1 to April 15.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.312 (b), Family Code, by requiring a
possessory conservator to give written notice to the managing conservator
by March 15, rather than May 1, for the right of possession of a child
during the summer.  Requires the managing conservator to give written
notice to the possessory conservator by April 15, rather than June 1, for
weekend possession of a child as described  by this subsection. Authorizes
the managing conservator to designate one weekend of possession, during a
child's summer vacation, during which an otherwise scheduled weekend period
of possession by the possessory conservator will not take place, if the
managing conservator gives written notice to the possessory conservator by
April 1, rather than May 15, of each year, or gives the possesory
conservator 14 days written notice on or after April 2, rather than May 16,
of each year. Makes conforming changes. 

SECTION 2.  Amends Section 153.313, Family Code, to make conforming changes.

SECTION 3.  Effective date: September 1, 1999. Provides that the change
made by this Act constitutes a material and substantial change under
Section 156.301, Family Code, authorizing a court to modify a standard
possession order in effect on the effective date of this Act to conform to
this Act.  

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.  Amends Section 153.312(b), Family Code, by requiring the
managing conservator to give written notice to the possessory conservator
by April 15, rather than June 1, for weekend possession of a child as
described  by this subsection. Authorizes the managing conservator to give
written notice to the possessory conservator by April 1, rather than May
15, of each year or to give the possesory conservator 14 days written
notice on or after April 2, rather than May 16, of each year, to designate
one weekend of possession, during a child's summer vacation, during which
an otherwise scheduled weekend period of possession by the possessory
conservator will not take place, under the conditions described by this
subsection 

SECTION 2.  Amends Section 153.313, Family Code, to make conforming changes.