Texas 2011 - 82nd Regular

Texas Senate Bill SB1490 Compare Versions

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Old	New	Differences
1	1	By: Uresti, Harris S.B. No. 1490
2	2	(Hunter, Raymond, Weber, Martinez Fischer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the recording of proceedings and the issuance of a
8	8	warrant to take physical custody of a child in certain suits
9	9	affecting the parent-child relationship; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 152.105, Family Code, is amended by
12	12	adding Subsection (d) to read as follows:
13	13	(d) A record of all of the proceedings under this chapter
14	14	relating to a child custody determination made in a foreign country
15	15	or to the enforcement of an order for the return of the child made
16	16	under the Hague Convention on the Civil Aspects of International
17	17	Child Abduction shall be made by a court reporter or as provided by
18	18	Section 201.009.
19	19	SECTION 2. Section 152.311, Family Code, is amended by
20	20	amending Subsection (c) and adding Subsection (c-1) to read as
21	21	follows:
22	22	(c) A warrant to take physical custody of a child must:
23	23	(1) recite the facts upon which a conclusion of
24	24	imminent serious physical harm or removal from the jurisdiction is
25	25	based;
26	26	(2) direct law enforcement officers to take physical
27	27	custody of the child immediately; [and]
28	28	(3) state the date for the hearing on the petition; and
29	29	(4) provide for the safe interim placement of the
30	30	child pending further order of the court and impose conditions on
31	31	placement of the child to ensure the appearance of the child and the
32	32	child's custodian [provide for the placement of the child pending
33	33	final relief].
34	34	(c-1) If the petition seeks to enforce a child custody
35	35	determination made in a foreign country or an order for the return
36	36	of the child made under the Hague Convention on the Civil Aspects of
37	37	International Child Abduction, the court may place a child with a
38	38	parent or family member in accordance with Subsection (c)(4) only
39	39	if the parent or family member has significant ties to the
40	40	jurisdiction of the court. If a parent or family member of the
41	41	child does not have significant ties to the jurisdiction of the
42	42	court, the court shall provide for the delivery of the child to the
43	43	Department of Family and Protective Services in the manner provided
44	44	for the delivery of a missing child by Section 262.007(c).
45	45	SECTION 3. Chapter 37, Penal Code, is amended by adding
46	46	Section 37.14 to read as follows:
47	47	Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY
48	48	DETERMINATION MADE IN FOREIGN COUNTRY. (a) For purposes of this
49	49	section, "child custody determination" has the meaning assigned by
50	50	Section 152.102, Family Code.
51	51	(b) A person commits an offense if the person knowingly
52	52	makes or causes to be made a false statement relating to a child
53	53	custody determination made in a foreign country during a hearing
54	54	held under Chapter 152 or Subchapter I, Chapter 153, Family Code.
55	55	(c) An offense under this section is a felony of the third
56	56	degree.
57	57	SECTION 4. Subsection (f), Section 152.311, Family Code, is
58	58	repealed.
59	59	SECTION 5. This Act takes effect September 1, 2011.