Texas 2011 - 82nd Regular

Texas House Bill HB2976 Compare Versions

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Old	New	Differences
1	1	82R19885 EES-F
2	2	By: Hunter, Raymond, Weber H.B. No. 2976
3	3	Substitute the following for H.B. No. 2976:
4	4	By: Woolley C.S.H.B. No. 2976
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the recording of proceedings and the issuance of a
10	10	warrant to take physical custody of a child in certain suits
11	11	affecting the parent-child relationship; creating an offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 152.105, Family Code, is amended by
14	14	adding Subsection (d) to read as follows:
15	15	(d) A record of all of the proceedings under this chapter
16	16	relating to a child custody determination made in a foreign country
17	17	or to the enforcement of an order for the return of the child made
18	18	under the Hague Convention on the Civil Aspects of International
19	19	Child Abduction shall be made by a court reporter or as provided by
20	20	Section 201.009.
21	21	SECTION 2. Section 152.311, Family Code, is amended by
22	22	amending Subsection (c) and adding Subsection (c-1) to read as
23	23	follows:
24	24	(c) A warrant to take physical custody of a child must:
25	25	(1) recite the facts upon which a conclusion of
26	26	imminent serious physical harm or removal from the jurisdiction is
27	27	based;
28	28	(2) direct law enforcement officers to take physical
29	29	custody of the child immediately; [and]
30	30	(3) state the date for the hearing on the petition; and
31	31	(4) provide for the safe interim placement of the
32	32	child pending further order of the court and impose conditions on
33	33	placement of the child to ensure the appearance of the child and the
34	34	child's custodian [provide for the placement of the child pending
35	35	final relief].
36	36	(c-1) If the petition seeks to enforce a child custody
37	37	determination made in a foreign country or an order for the return
38	38	of the child made under the Hague Convention on the Civil Aspects of
39	39	International Child Abduction, the court may place a child with a
40	40	parent or family member in accordance with Subsection (c)(4) only
41	41	if the parent or family member has significant ties to the
42	42	jurisdiction of the court. If a parent or family member of the
43	43	child does not have significant ties to the jurisdiction of the
44	44	court, the court shall provide for the delivery of the child to the
45	45	Department of Family and Protective Services in the manner provided
46	46	for the delivery of a missing child by Section 262.007(c).
47	47	SECTION 3. Chapter 37, Penal Code, is amended by adding
48	48	Section 37.14 to read as follows:
49	49	Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY
50	50	DETERMINATION MADE IN FOREIGN COUNTRY. (a) For purposes of this
51	51	section, "child custody determination" has the meaning assigned by
52	52	Section 152.102, Family Code.
53	53	(b) A person commits an offense if the person knowingly
54	54	makes or causes to be made a false statement relating to a child
55	55	custody determination made in a foreign country during a hearing
56	56	held under Chapter 152 or Subchapter I, Chapter 153, Family Code.
57	57	(c) An offense under this section is a felony of the third
58	58	degree.
59	59	SECTION 4. Section 152.311(f), Family Code, is repealed.
60	60	SECTION 5. This Act takes effect September 1, 2011.