By Wise                                         H.B. No. 2197

      75R5164 MCK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the appointment of a guardian ad litem, the violation

 1-3     of an order for possession of or access to a child, the right to

 1-4     possession of certain children, and the compensation of victims of

 1-5     a crime involving interference with child custody.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 105.001(a), Family Code, is amended to

 1-8     read as follows:

 1-9           (a)  In a suit, the court may make a temporary order,

1-10     including the modification of a prior temporary order, for the

1-11     safety and welfare of the child, including an order:

1-12                 (1)  for the temporary conservatorship of the child;

1-13                 (2)  for the temporary support of the child;

1-14                 (3)  restraining a party from molesting or disturbing

1-15     the peace of the child or another party;

1-16                 (4)  prohibiting a person from removing the child

1-17     beyond a geographical area identified by the court; [or]

1-18                 (5)  for payment of reasonable attorney's fees and

1-19     expenses; or

1-20                 (6)  to take possession of the child under Section

1-21     157.009.

1-22           SECTION 2.  Sections 107.001(a) and (b), Family Code, are

1-23     amended to read as follows:

1-24           (a)  In a suit affecting the parent-child relationship [in

 2-1     which termination of the parent-child relationship is requested],

 2-2     the court or an associate judge shall appoint a guardian ad litem

 2-3     to represent the interests of the child immediately after the

 2-4     filing of the petition but before the full adversary hearing to

 2-5     ensure adequate representation of the child, unless:

 2-6                 (1)  the child is a petitioner; or

 2-7                 (2)  an attorney ad litem has been appointed for the

 2-8     child[; or]

 2-9                 [(3)  the court or an associate judge finds that the

2-10     interests of the child will be represented adequately by a party to

2-11     the suit and are not adverse to that party].

2-12           (b)  The [In any other suit, the] court or an associate judge

2-13     may appoint a guardian ad litem in a suit in which the appointment

2-14     is not required by Subsection (a).

2-15           SECTION 3.  Subchapter A, Chapter 151, Family Code, is

2-16     amended by adding Section 151.005 to read as follows:

2-17           Sec. 151.005.  EXCLUSIVE RIGHT TO POSSESSION PRESUMED.  It is

2-18     presumed that the mother of a child is entitled to exclusive

2-19     physical  possession of the child if:

2-20                 (1)  the mother was not married at the time of the

2-21     child's birth;

2-22                 (2)  paternity of the child has not been established;

2-23                 (3)  there is no court order that provides for

2-24     possession of or access to the child; and

2-25                 (4)  the child lives with the mother.

2-26           SECTION 4.  Subchapter A, Chapter 157, Family Code, is

2-27     amended by adding Section 157.009 to read as follows:

 3-1           Sec. 157.009.  EMERGENCY POSSESSION OF A CHILD.  (a)  A

 3-2     person filing a motion to enforce a final order that provides for

 3-3     possession of or access to a child may seek a temporary order under

 3-4     which a law enforcement officer may take possession of the child

 3-5     and deliver the child to the court.  The court shall enter the

 3-6     order if:

 3-7                 (1)  a person is violating an order that provides for

 3-8     possession of or access to a child;

 3-9                 (2)  the court has reason to believe that the person

3-10     violating the order may remove the child from the state; and

3-11                 (3)  the person requesting the order knows where the

3-12     child is located.

3-13           (b)  The court may authorize temporary placement of the child

3-14     until a hearing on the motion for enforcement with:

3-15                 (1)  a person entitled to possession of the child under

3-16     a final order that provides for possession of or access to the

3-17     child; or

3-18                 (2)  a local social services agency.

3-19           SECTION 5.  Subchapter D, Chapter 157, Family Code, is

3-20     amended by adding Section 157.169 to read as follows:

3-21           Sec. 157.169.  REIMBURSEMENT OF COSTS.  The court may require

3-22     a person violating an order that provides for possession of or

3-23     access to a child to pay:

3-24                 (1)  the costs to locate and recover the child incurred

3-25     by the person entitled to possession of the child;

3-26                 (2)  the costs incurred by an agency assisting the

3-27     person entitled to possession of the child in locating and

 4-1     recovering the child;

 4-2                 (3)  the costs of medical and mental health services

 4-3     incurred by the person entitled to possession of the child to

 4-4     reestablish a relationship with the child; and

 4-5                 (4)  money paid from the crime victims compensation

 4-6     fund to the child or the person entitled to possession of the child

 4-7     as a result of the wrongful taking or retention of the child.

 4-8           SECTION 6.  Subchapter B, Chapter 56, Code of Criminal

 4-9     Procedure, is amended by adding Article 56.341 to read as follows:

4-10           Art. 56.341.  COMPENSATION FOR VICTIMS OF INTERFERENCE WITH

4-11     CHILD CUSTODY.  A person who suffers a pecuniary loss as a direct

4-12     result of a violation of Section 25.03, Penal Code, is entitled to

4-13     compensation under this subchapter.

4-14           SECTION 7.  (a)  This Act takes effect September 1, 1997.

4-15           (b)  The change in law made by Sections 1-4 of this Act

4-16     applies to a suit affecting the parent-child relationship pending

4-17     on the effective date of this Act without regard to whether the

4-18     suit was filed before, on, or after the effective date of this Act.

4-19           (c)  The change in law made by Article 56.341, Code of

4-20     Criminal Procedure, as added by this Act, applies to a violation of

4-21     Section 25.03, Penal Code, that occurs on or after the effective

4-22     date of this Act.

4-23           (d)  The change in law made by Section 157.169, Family Code,

4-24     as added by this Act, applies to a violation of an order that

4-25     provides for possession of or access to a child that occurs on or

4-26     after the effective date of this Act.

4-27           SECTION 8.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.