By Wise                                         H.B. No. 1337

      75R5171 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of a district attorney in

 1-3     locating certain children and parties in a suit affecting the

 1-4     parent-child relationship.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle D, Title 5, Family Code, is amended by

 1-7     adding Chapter 233 to read as follows:

 1-8              CHAPTER 233.  LOCATION OF MISSING PARTY OR CHILD

 1-9                            BY DISTRICT ATTORNEY

1-10           Sec. 233.001.  DUTIES OF DISTRICT ATTORNEY.  (a)  In a suit

1-11     affecting the parent-child relationship in which possession of or

1-12     access to a child is at issue and the location of a party in

1-13     possession of the child is unknown or in which there is reasonable

1-14     cause to believe that a party may not appear with the child at a

1-15     proceeding as required by a court order, the district attorney for

1-16     the county in which the court is located shall take actions

1-17     necessary to locate the party and the child and to obtain

1-18     compliance with the court order to appear.

1-19           (b)  If a court has rendered an order providing for

1-20     possession of or access to a child and the child has been taken or

1-21     detained by a person in violation of the order, the district

1-22     attorney for the county in which the court is located shall take

1-23     actions necessary to locate and return the child and the person who

1-24     violated the order.  The district attorney may use an appropriate

 2-1     civil or criminal proceeding to enforce the court order.

 2-2           Sec. 233.002.  DISTRICT ATTORNEY ACTS FOR COURT.  In

 2-3     performing a duty required by Section 233.001, the district

 2-4     attorney shall act for the court and may not represent a party to

 2-5     the proceeding.

 2-6           Sec. 233.003.  TEMPORARY ORDERS.  (a)  A district attorney

 2-7     may request a temporary order for possession of or access to a

 2-8     child by filing with the court an affidavit stating that the order

 2-9     is necessary to recover a child who is being detained or concealed

2-10     in violation of a court order or a parent's right to possession or

2-11     access.

2-12           (b)  On receipt of a declaration under Subsection (a), the

2-13     court shall render a temporary order under Section 105.001 as

2-14     necessary to facilitate the return of the child to the jurisdiction

2-15     of the court and that names the parent or person recommended by the

2-16     district attorney temporary managing conservator of the child.

2-17           (c)  If the court determines that it is not in the best

2-18     interest of the child to appoint the person recommended by the

2-19     district attorney as temporary managing conservator of the child,

2-20     the court shall appoint another person to take custody of the child

2-21     and return the child to the jurisdiction of the court.

2-22           Sec. 233.004.  WARRANT TO RECOVER CHILD.  (a)  On request by

2-23     the district attorney, the court may issue a warrant to recover an

2-24     unlawfully detained or concealed child.  The request by the

2-25     district attorney under this subsection must be in the form of an

2-26     affidavit stating that issuance of the warrant is necessary for the

2-27     district attorney to protect the child and perform the duties

 3-1     required by Section 233.001.

 3-2           (b)  A warrant to recover a child must contain an order

 3-3     authorizing a law enforcement agency to place the child in

 3-4     protective custody or return the child as directed by the court.

 3-5     The warrant may be served in any county in the same manner as a

 3-6     warrant for arrest.

 3-7           (c)  On a declaration by the district attorney that the child

 3-8     who is the subject of a warrant under this section has been

 3-9     recovered or that the warrant is no longer required, the court may

3-10     dismiss the warrant without further proceedings.

3-11           Sec. 233.005.  PAYMENT OF EXPENSES.  (a)  Expenses incurred

3-12     by a district attorney under this chapter, without regard to where

3-13     the expenses are incurred, shall be paid by the county in which the

3-14     district attorney serves.  The state shall reimburse the county for

3-15     expenses incurred by a district attorney under this chapter.

3-16           (b)  The court in a proceeding in which the services of a

3-17     district attorney are used under this chapter may order that one or

3-18     more parties to the proceeding reimburse the district attorney for

3-19     the actual expenses incurred by the district attorney in providing

3-20     services.  An order for reimbursement under this subsection shall

3-21     be imposed as costs in the suit.  The district attorney shall take

3-22     reasonable action to enforce the order and transmit recovered funds

3-23     to the state for deposit in the general revenue fund.

3-24           SECTION 2.  This Act takes effect September 1, 1997, and

3-25     applies only to a suit affecting the parent-child relationship

3-26     filed or a proceeding in a court having continuing exclusive

3-27     jurisdiction in a suit affecting the parent-child relationship

 4-1     commenced on or after that date.  A suit filed or proceeding

 4-2     commenced before the effective date of this Act is governed by the

 4-3     law in effect on the date the suit was filed or the proceeding was

 4-4     commenced, and the former law is continued in effect for that

 4-5     purpose.

 4-6           SECTION 3.  The importance of this legislation and the

 4-7     crowded condition of the calendars in both houses create an

 4-8     emergency and an imperative public necessity that the

 4-9     constitutional rule requiring bills to be read on three several

4-10     days in each house be suspended, and this rule is hereby suspended.