Bill Text: TX SB2198 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the enforcement of a court order for possession of or access to a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to State Affairs [SB2198 Detail]
Download: Texas-2019-SB2198-Introduced.html
86R14369 JSC-F | ||
By: Rodríguez | S.B. No. 2198 |
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relating to the enforcement of a court order for possession of or | ||
access to a child. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 157.165, Family Code, is amended to read | ||
as follows: | ||
Sec. 157.165. PROBATION OF CONTEMPT ORDER. (a) Except as | ||
provided by Subsection (b), the [ |
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respondent on community supervision and suspend commitment if the | ||
court finds that the respondent is in contempt of court for failure | ||
or refusal to obey an order rendered as provided in this title. | ||
(b) The court may not place the respondent on community | ||
supervision and suspend commitment if the court finds that the | ||
respondent: | ||
(1) is in contempt of court for the failure or refusal | ||
to obey an order for possession of or access to a child; and | ||
(2) has previously been found in contempt of court for | ||
the failure or refusal to obey an order for possession of or access | ||
to a child. | ||
SECTION 2. Section 157.167, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (e) to read as | ||
follows: | ||
(c) Except as provided by Subsections [ |
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(e), for good cause shown, the court may waive the requirement that | ||
the respondent pay attorney's fees and costs if the court states the | ||
reasons supporting that finding. | ||
(e) The court may not waive the requirement that the | ||
respondent pay attorney's fees and costs if the court finds that the | ||
respondent has previously been found in contempt of court for the | ||
denial of court-ordered possession or access with respect to the | ||
same child or children. | ||
SECTION 3. Section 157.168, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) A court shall [ |
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possession of or access to a child to compensate for the denial of | ||
court-ordered possession or access. The additional periods of | ||
possession or access: | ||
(1) except as provided by Subsection (c), 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. | ||
(c) If the court finds that the respondent has previously | ||
been found in contempt of court for the denial of court-ordered | ||
possession or access with respect to the same child or children, the | ||
court shall order that the person denied possession or access | ||
receive two additional periods of possession or access of the same | ||
type and duration for each period of possession or access that was | ||
denied. | ||
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, 2019. |