By: Uresti, Harris S.B. No. 1490
(Hunter, Raymond, Weber, Martinez Fischer)
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, Family Code, is amended by
amending Subsection (c) and adding Subsection (c-1) 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) state the date for the hearing on the petition; and
(4) provide for the safe interim placement of the
child pending further order of the court and impose conditions on
placement of the child to ensure the appearance of the child and the
child's custodian [provide for the placement of the child pending
final relief].
(c-1) If the petition seeks to enforce a child custody
determination made in a foreign country or an order for the return
of the child made under the Hague Convention on the Civil Aspects of
International Child Abduction, the court may place a child with a
parent or family member in accordance with Subsection (c)(4) only
if the parent or family member has significant ties to the
jurisdiction of the court. If a parent or family member of the
child does not have significant ties to the jurisdiction of the
court, the court shall 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).
SECTION 3. Chapter 37, Penal Code, is amended by adding
Section 37.14 to read as follows:
Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY
DETERMINATION MADE IN FOREIGN COUNTRY. (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 made in a foreign country during a hearing
held under Chapter 152 or Subchapter I, Chapter 153, Family Code.
(c) An offense under this section is a felony of the third
degree.
SECTION 4. Subsection (f), Section 152.311, Family Code, is
repealed.
SECTION 5. This Act takes effect September 1, 2011.