By Wise H.B. No. 465
76R2333 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession of or access to a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 105.001(a), Family Code, is amended to
1-5 read as follows:
1-6 (a) In a suit, the court may make a temporary order,
1-7 including the modification of a prior temporary order, for the
1-8 safety and welfare of the child, including an order:
1-9 (1) for the temporary conservatorship of the child;
1-10 (2) for the temporary support of the child;
1-11 (3) restraining a party from molesting or disturbing
1-12 the peace of the child or another party;
1-13 (4) prohibiting a person from removing the child
1-14 beyond a geographical area identified by the court; [or]
1-15 (5) for payment of reasonable attorney's fees and
1-16 expenses; or
1-17 (6) to take possession of the child under Section
1-18 157.009.
1-19 SECTION 2. Sections 107.001(a) and (c), Family Code, are
1-20 amended to read as follows:
1-21 (a) In a suit affecting the parent-child relationship [in
1-22 which termination of the parent-child relationship is requested],
1-23 the court or an associate judge shall appoint a guardian ad litem
1-24 to represent the interests of the child immediately after the
2-1 filing of the petition but before the full adversary hearing to
2-2 ensure adequate representation of the child, unless:
2-3 (1) the child is a petitioner; or
2-4 (2) an attorney ad litem has been appointed for the
2-5 child[; or]
2-6 [(3) the court or an associate judge finds that the
2-7 interests of the child will be represented adequately by a party to
2-8 the suit and are not adverse to that party].
2-9 (c) The [In any other suit, the] court or an associate judge
2-10 may appoint a guardian ad litem in a suit in which the appointment
2-11 is not required by Subsection (a) or (b).
2-12 SECTION 3. Subchapter A, Chapter 151, Family Code, is
2-13 amended by adding Section 151.006 to read as follows:
2-14 Sec. 151.006. EXCLUSIVE RIGHT TO POSSESSION PRESUMED. It is
2-15 presumed that the mother of a child is entitled to exclusive
2-16 physical possession of the child if:
2-17 (1) the mother was not married at the time of the
2-18 child's birth;
2-19 (2) paternity of the child has not been established;
2-20 (3) there is no court order that provides for
2-21 possession of or access to the child; and
2-22 (4) the child lives with the mother.
2-23 SECTION 4. Subchapter A, Chapter 157, Family Code, is
2-24 amended by adding Section 157.009 to read as follows:
2-25 Sec. 157.009. EMERGENCY POSSESSION OF A CHILD. (a) A
2-26 person filing a motion to enforce a final order that provides for
2-27 possession of or access to a child may seek a temporary order under
3-1 which a law enforcement officer may take possession of the child
3-2 and deliver the child to the court. The court shall enter the
3-3 order if:
3-4 (1) a person is violating an order that provides for
3-5 possession of or access to a child;
3-6 (2) the court has reason to believe that the person
3-7 violating the order may remove the child from the state; and
3-8 (3) the person requesting the order knows where the
3-9 child is located.
3-10 (b) The court may authorize temporary placement of the child
3-11 until a hearing on the motion for enforcement with:
3-12 (1) a person entitled to possession of the child under
3-13 a final order that provides for possession of or access to the
3-14 child; or
3-15 (2) a local social services agency.
3-16 SECTION 5. Subchapter D, Chapter 157, Family Code, is
3-17 amended by adding Section 157.169 to read as follows:
3-18 Sec. 157.169. REIMBURSEMENT OF COSTS. The court may require
3-19 a person violating an order that provides for possession of or
3-20 access to a child to pay to the appropriate person:
3-21 (1) the costs to locate and recover the child incurred
3-22 by the person entitled to possession of the child;
3-23 (2) the costs incurred by an agency assisting the
3-24 person entitled to possession of the child in locating and
3-25 recovering the child;
3-26 (3) the costs of medical and mental health services
3-27 incurred by the person entitled to possession of the child to
4-1 reestablish a relationship with the child; and
4-2 (4) the amount of money paid from the crime victims
4-3 compensation fund to the child or the person entitled to possession
4-4 of the child as a result of the wrongful taking or retention of the
4-5 child.
4-6 SECTION 6. Subchapter B, Chapter 56, Code of Criminal
4-7 Procedure, is amended by adding Article 56.341 to read as follows:
4-8 Art. 56.341. COMPENSATION FOR VICTIMS OF INTERFERENCE WITH
4-9 CHILD CUSTODY. A person who suffers a pecuniary loss as a direct
4-10 result of a violation of Section 25.03, Penal Code, is entitled to
4-11 compensation under this subchapter.
4-12 SECTION 7. (a) This Act takes effect September 1, 1999.
4-13 (b) The change in law made by Sections 1-4 of this Act
4-14 applies to a pending suit affecting the parent-child relationship
4-15 without regard to whether the suit was filed before, on, or after
4-16 the effective date of this Act.
4-17 (c) The change in law made by Article 56.341, Code of
4-18 Criminal Procedure, as added by this Act, applies only to a
4-19 violation of Section 25.03, Penal Code, that occurs on or after the
4-20 effective date of this Act.
4-21 (d) The change in law made by Section 157.169, Family Code,
4-22 as added by this Act, applies only to a violation of an order that
4-23 provides for possession of or access to a child that occurs on or
4-24 after the effective date of this Act.
4-25 SECTION 8. The importance of this legislation and the
4-26 crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.