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.