82R6386 EES-F
By: Hunter H.B. No. 2976
A BILL TO BE ENTITLED
AN ACT
relating to the recording of proceedings and the issuance of a
warrant to take physical custody of a child in certain suits
affecting the parent-child relationship; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 152.105, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) A record of all of the proceedings under this chapter
relating to a child custody determination made in a foreign country
or to the enforcement of an order for the return of the child made
under the Hague Convention on the Civil Aspects of International
Child Abduction shall be made by a court reporter or as provided by
Section 201.009.
SECTION 2. Section 152.311(c), Family Code, is amended to
read as follows:
(c) A warrant to take physical custody of a child must:
(1) recite the facts upon which a conclusion of
imminent serious physical harm or removal from the jurisdiction is
based;
(2) direct law enforcement officers to take physical
custody of the child immediately; [and]
(3) provide for the delivery [placement] of the child
to the Department of Family and Protective Services in the manner
provided for the delivery of a missing child by Section 262.007(c)
pending the hearing on the petition; and
(4) state the date for the hearing on the petition
[final relief].
SECTION 3. Subchapter I, Chapter 153, Family Code, is
amended by adding Section 153.504 to read as follows:
Sec. 153.504. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
(a) If in a suit described by Section 153.501(a) the court, on the
testimony of the petitioner or another witness, finds that the
child is imminently likely to suffer serious physical harm or be
removed from this state, the court may issue a warrant to take
physical custody of the child.
(b) A warrant to take physical custody of a child must:
(1) recite the facts on which a conclusion of imminent
likelihood of serious physical harm or removal from the
jurisdiction is based;
(2) direct law enforcement officers to immediately
take physical custody of the child;
(3) provide for the delivery of the child to the
Department of Family and Protective Services in the manner provided
for the delivery of a missing child by Section 262.007(c) pending a
hearing by the court; and
(4) state the date for the hearing, which must be as
early as possible.
(c) The respondent shall be served with the warrant
immediately after the child is taken into physical custody.
(d) A warrant to take physical custody of a child is
enforceable throughout this state. If the court finds on the basis
of the testimony of the petitioner or another witness that a less
intrusive remedy is not effective, the court may authorize law
enforcement officers to enter private property to take physical
custody of the child. If required by exigent circumstances of the
case, the court may authorize law enforcement officers to make a
forcible entry at any hour.
(e) The court may impose conditions on placement of a child
to ensure the appearance of the child and the child's custodian.
SECTION 4. Chapter 37, Penal Code, is amended by adding
Section 37.14 to read as follows:
Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY
DETERMINATION. (a) For purposes of this section, "child custody
determination" has the meaning assigned by Section 152.102, Family
Code.
(b) A person commits an offense if the person knowingly
makes or causes to be made a false statement relating to a child
custody determination during a hearing held under Chapter 152 or
153, Family Code.
(c) An offense under this section is a felony of the third
degree.
SECTION 5. This Act takes effect September 1, 2011.