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.