1-1     By:  Tillery, McClendon, et al.                        H.B. No. 115

 1-2          (Senate Sponsor - Shapiro)

 1-3           (In the Senate - Received from the House March 17, 1997;

 1-4     May 18, 1997, read first time and referred to Committee on Criminal

 1-5     Justice; May 15, 1997, reported favorably by the following vote:

 1-6     Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to the failure of certain persons to attend a court

1-10     hearing involving a child; providing a criminal penalty.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 54.022, Family Code, is amended by

1-13     amending Subsections (e) and (g) and adding Subsection (h) to read

1-14     as follows:

1-15           (e)  A justice or municipal court shall endorse on the

1-16     summons issued to a parent, managing conservator, or a guardian an

1-17     order to appear personally at the hearing with the child.  The

1-18     summons must include a warning that the failure of the parent,

1-19     managing conservator, or guardian to appear may be punishable as a

1-20     Class C misdemeanor.

1-21           (g)  A person commits an offense if the person is a parent,

1-22     managing conservator, or guardian who fails to attend a hearing

1-23     under this section after receiving an order under Subsection (e).

1-24     An offense under this subsection is a Class C misdemeanor.

1-25           (h)  Any other order under this section is enforceable by the

1-26     justice or municipal court by contempt.

1-27           SECTION 2.  The change in law made by this Act applies only

1-28     to a court order issued on or after the effective date of this Act.

1-29     An order issued before the effective date of this Act is covered by

1-30     the law in effect when the order was issued, and the former law is

1-31     continued in effect for that purpose.

1-32           SECTION 3.  This Act takes effect September 1, 1997.

1-33           SECTION 4.  The importance of this legislation and the

1-34     crowded condition of the calendars in both houses create an

1-35     emergency and an imperative public necessity that the

1-36     constitutional rule requiring bills to be read on three several

1-37     days in each house be suspended, and this rule is hereby suspended.

1-38                                  * * * * *