H.B. No. 2367
AN ACT
relating to the creation of an advisory panel to study certain
parental rights relating to possession of or access to the parent's
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PARENTAL RIGHTS ADVISORY PANEL. (a) The
Parental Rights Advisory Panel is established to study and provide
recommendations to the legislature regarding a parent's right to
possession of or access to the parent's child, including
interference with that right by the other parent, when:
(1) no court order for possession of or access to a
child is in effect or pending; and
(2) the party allegedly interfering with the rights of
a parent is not aware of any plans by the parent to seek an order for
possession of or access to a child.
(b) The panel shall specifically address the desirability
of potential Texas legislation:
(1) clarifying a parent's rights to possession of or
access to the parent's child in the absence of a current or pending
court order for possession of or access to the child;
(2) creating the offense of depriving a parent of
possession of or access to the parent's child in the absence of a
current or pending court order for possession of or access to the
child;
(3) implementing measures that allow for the
establishment of orders of possession of or access to a child while
protecting the rights and safety of victims of family violence and
the families of the victims;
(4) requiring schools to notify the other parent if
one parent unenrolls a child from the child's school; and
(5) relating to any other matter regarding possession
of or access to a child in the absence of a current or pending court
order relating to the possession of or access to the child.
(c) The advisory panel consists of nine members appointed by
the governor.
(d) When making initial appointments under Subsection (c),
the governor shall designate one of the appointees as presiding
officer of the advisory panel.
(e) The advisory panel shall meet not later than the 30th
day after the date the initial appointments are made under
Subsection (c) and shall meet regularly as necessary at the call of
the presiding officer.
(f) An advisory panel member is not entitled to
reimbursement of expenses or to compensation.
(g) The governor shall appoint members to the panel not
later than December 31, 2011.
(h) Not later than December 31, 2012, the advisory panel
shall submit to the legislature a report outlining the results of
its studies made under this section and its recommendations for
legislation.
SECTION 2. INAPPLICABILITY OF CERTAIN LAW. Chapter 2110,
Government Code, does not apply to the advisory panel established
under this Act.
SECTION 3. EXPIRATION. The advisory panel established
under this Act is abolished and this Act expires September 1, 2013.
SECTION 4. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2367 was passed by the House on May 5,
2011, by the following vote: Yeas 144, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2367 on May 27, 2011, by the following vote: Yeas 138, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2367 was passed by the Senate, with
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor