By Tillery, McClendon, et al. H.B. No. 115
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the failure of certain persons to attend a court
1-3 hearing involving a child; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.022, Family Code, is amended by
1-6 amending Subsections (e) and (g) and adding Subsection (h) to read
1-7 as follows:
1-8 (e) A justice or municipal court shall endorse on the
1-9 summons issued to a parent, managing conservator, or a guardian an
1-10 order to appear personally at the hearing with the child. The
1-11 summons must include a warning that the failure of the parent,
1-12 managing conservator, or guardian to appear may be punishable as a
1-13 Class C misdemeanor.
1-14 (g) A person commits an offense if the person is a parent,
1-15 managing conservator, or guardian who fails to attend a hearing
1-16 under this section after receiving an order under Subsection (e).
1-17 An offense under this subsection is a Class C misdemeanor.
1-18 (h) Any other order under this section is enforceable by the
1-19 justice or municipal court by contempt.
1-20 SECTION 2. The change in law made by this Act applies only
1-21 to a court order issued on or after the effective date of this Act.
2-1 An order issued before the effective date of this Act is covered by
2-2 the law in effect when the order was issued, and the former law is
2-3 continued in effect for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 1997.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.