This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  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