1-1                                   AN ACT
 1-2     relating to the Uniform Child Custody Jurisdiction and Enforcement
 1-3     Act.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 152, Family Code, is amended to read as
 1-6     follows:
 1-7            CHAPTER 152.  UNIFORM CHILD CUSTODY JURISDICTION AND
 1-8                               ENFORCEMENT ACT
 1-9                 SUBCHAPTER A.  APPLICATION AND CONSTRUCTION
1-10           Sec. 152.001.  APPLICATION AND CONSTRUCTION.  This chapter
1-11     shall be applied and construed to promote the uniformity of the law
1-12     among the states that enact it.
1-13           Sec. 152.002.  CONFLICTS BETWEEN PROVISIONS.  If a provision
1-14     of this chapter conflicts with a provision of this title or another
1-15     statute or rule of this state and the conflict cannot be
1-16     reconciled, this chapter prevails.
1-17              (Sections 152.003-152.100 reserved for expansion
1-18                      SUBCHAPTER B.  GENERAL PROVISIONS
1-19           Sec. 152.101.  SHORT TITLE.  This chapter may be cited as the
1-20     Uniform Child Custody Jurisdiction and Enforcement Act.
1-21           Sec. 152.102.  DEFINITIONS.  In this chapter:
1-22                 (1)  "Abandoned" means left without provision for
1-23     reasonable and necessary care or supervision.
1-24                 (2)  "Child" means an individual who has not attained
 2-1     18 years of age.
 2-2                 (3)  "Child custody determination" means a judgment,
 2-3     decree, or other order of a court providing for legal custody,
 2-4     physical custody, or visitation with respect to a child.  The term
 2-5     includes permanent, temporary, initial, and modification orders.
 2-6     The term does not include an order relating to child support or
 2-7     another monetary obligation of an individual.
 2-8                 (4)  "Child custody proceeding" means a proceeding in
 2-9     which legal custody, physical custody, or visitation with respect
2-10     to a child is an issue.  The term includes a proceeding for
2-11     divorce, separation, neglect, abuse, dependency, guardianship,
2-12     paternity, termination of parental rights, and protection from
2-13     domestic violence in which the issue may appear.  The term does not
2-14     include a proceeding involving juvenile delinquency, contractual
2-15     emancipation, or enforcement under Subchapter D.
2-16                 (5)  "Commencement" means the filing of the first
2-17     pleading in a proceeding.
2-18                 (6)  "Court" means an entity authorized under the law
2-19     of a state to establish, enforce, or modify a child custody
2-20     determination.
2-21                 (7)  "Home state" means the state in which a child
2-22     lived with a parent or a person acting as a parent for at least six
2-23     consecutive months immediately before the commencement of a child
2-24     custody proceeding.  In the case of a child less than six months of
2-25     age, the term means the state in which the child lived from birth
2-26     with a parent or a person acting as a parent.  A period of
2-27     temporary absence of a parent or a person acting as a parent is
 3-1     part of the period.
 3-2                 (8)  "Initial determination" means the first child
 3-3     custody determination concerning a particular child.
 3-4                 (9)  "Issuing court" means the court that makes a child
 3-5     custody determination for which enforcement is sought under this
 3-6     chapter.
 3-7                 (10)  "Issuing state" means the state in which a child
 3-8     custody determination is made.
 3-9                 (11)  "Legal custody" means the managing
3-10     conservatorship of a child.
3-11                 (12)  "Modification" means a child custody
3-12     determination that changes, replaces, supersedes, or is otherwise
3-13     made after a previous determination concerning the same child,
3-14     whether or not it is made by the court that made the previous
3-15     determination.
3-16                 (13)  "Person acting as a parent" means a person, other
3-17     than a parent, who:
3-18                       (A)  has physical custody of the child or has had
3-19     physical custody for a period of six consecutive months, including
3-20     any temporary absence, within one year immediately before the
3-21     commencement of a child custody proceeding; and
3-22                       (B)  has been awarded legal custody by a court or
3-23     claims a right to legal custody under the law of this state.
3-24                 (14)  "Physical custody" means the physical care and
3-25     supervision of a child.
3-26                 (15)  "Tribe" means an Indian tribe or band, or Alaskan
3-27     Native village, that is recognized by federal law or formally
 4-1     acknowledged by a state.
 4-2                 (16)  "Visitation" means the possession of or access to
 4-3     a child.
 4-4                 (17)  "Warrant" means an order issued by a court
 4-5     authorizing law enforcement officers to take physical custody of a
 4-6     child.
 4-7           Sec. 152.103.  PROCEEDINGS GOVERNED BY OTHER LAW.  This
 4-8     chapter does not govern an adoption proceeding or a proceeding
 4-9     pertaining to the authorization of emergency medical care for a
4-10     child.
4-11           Sec. 152.104.  APPLICATION TO INDIAN TRIBES.  (a)  A child
4-12     custody proceeding that pertains to an Indian child as defined in
4-13     the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et
4-14     seq.) is not subject to this chapter to the extent that it is
4-15     governed by the Indian Child Welfare Act.
4-16           (b)  A court of this state shall treat a tribe as if it were
4-17     a state of the United States for the purpose of applying this
4-18     subchapter and Subchapter C.
4-19           (c)  A child custody determination made by a tribe under
4-20     factual circumstances in substantial conformity with the
4-21     jurisdictional standards of this chapter must be recognized and
4-22     enforced under Subchapter D.
4-23           Sec. 152.105.  INTERNATIONAL APPLICATION OF CHAPTER.  (a)  A
4-24     court of this state shall treat a foreign country as if it were a
4-25     state of the United States for the purpose of applying this
4-26     subchapter and Subchapter C.
4-27           (b)  Except as otherwise provided in Subsection (c), a child
 5-1     custody determination made in a foreign country under factual
 5-2     circumstances in substantial conformity with the jurisdictional
 5-3     standards of this chapter must be recognized and enforced under
 5-4     Subchapter D.
 5-5           (c)  A court of this state need not apply this chapter if the
 5-6     child custody law of a foreign country violates fundamental
 5-7     principles of human rights.
 5-8           Sec. 152.106.  EFFECT OF CHILD CUSTODY DETERMINATION.  A
 5-9     child custody determination made by a court of this state that had
5-10     jurisdiction under this chapter binds all persons who have been
5-11     served in accordance with the laws of this state or notified in
5-12     accordance with Section 152.108 or who have submitted to the
5-13     jurisdiction of the court and who have been given an opportunity to
5-14     be heard.  As to those persons, the determination is conclusive as
5-15     to all decided issues of law and fact except to the extent the
5-16     determination is modified.
5-17           Sec. 152.107.  PRIORITY.  If a question of existence or
5-18     exercise of jurisdiction under this chapter is raised in a child
5-19     custody proceeding, the question, upon request of a party, must be
5-20     given priority on the calendar and handled expeditiously.
5-21           Sec. 152.108.  NOTICE TO PERSONS OUTSIDE STATE.  (a)  Notice
5-22     required for the exercise of jurisdiction when a person is outside
5-23     this state may be given in a manner prescribed by the law of this
5-24     state for service of process or by the law of the state in which
5-25     the service is made.  Notice must be given in a manner reasonably
5-26     calculated to give actual notice but may be by publication if other
5-27     means are not effective.
 6-1           (b)  Proof of service may be made in the manner prescribed by
 6-2     the law of this state or by the law of the state in which the
 6-3     service is made.
 6-4           (c)  Notice is not required for the exercise of jurisdiction
 6-5     with respect to a person who submits to the jurisdiction of the
 6-6     court.
 6-7           Sec. 152.109.  APPEARANCE AND LIMITED IMMUNITY.  (a)  A party
 6-8     to a child custody proceeding, including a modification proceeding,
 6-9     or a petitioner or respondent in a proceeding to enforce or
6-10     register a child custody determination, is not subject to personal
6-11     jurisdiction in this state for another proceeding or purpose solely
6-12     by reason of having participated, or of having been physically
6-13     present for the purpose of participating, in the proceeding.
6-14           (b)  A person who is subject to personal jurisdiction in this
6-15     state on a basis other than physical presence is not immune from
6-16     service of process in this state.  A party present in this state
6-17     who is subject to the jurisdiction of another state is not immune
6-18     from service of process allowed under the laws of that state.
6-19           (c)  The immunity granted by Subsection (a) does not extend
6-20     to civil litigation based on acts unrelated to the participation in
6-21     a proceeding under this chapter committed by an individual while
6-22     present in this state.
6-23           Sec. 152.110.  COMMUNICATION BETWEEN COURTS.  (a)  In this
6-24     section, "record" means information that is inscribed on a tangible
6-25     medium or that is stored in an electronic or other medium and is
6-26     retrievable in perceivable form.
6-27           (b)  A court of this state may communicate with a court in
 7-1     another state concerning a proceeding arising under this chapter.
 7-2           (c)  The court may allow the parties to participate in the
 7-3     communication.  If the parties are not able to participate in the
 7-4     communication, they must be given the opportunity to present facts
 7-5     and legal arguments before a decision on jurisdiction is made.
 7-6           (d)  Communication between courts on schedules, calendars,
 7-7     court records, and similar matters may occur without informing the
 7-8     parties.  A record need not be made of the communication.
 7-9           (e)  Except as otherwise provided in Subsection (d), a record
7-10     must be made of a communication under this section.  The parties
7-11     must be informed promptly of the communication and granted access
7-12     to the record.
7-13           Sec. 152.111.  TAKING TESTIMONY IN ANOTHER STATE.  (a)  In
7-14     addition to other procedures available to a party, a party to a
7-15     child custody proceeding may offer testimony of witnesses who are
7-16     located in another state, including testimony of the parties and
7-17     the child, by deposition or other means allowed in this state for
7-18     testimony taken in another state.  The court on its own motion may
7-19     order that the testimony of a person be taken in another state and
7-20     may prescribe the manner in which and the terms upon which the
7-21     testimony is taken.
7-22           (b)  A court of this state may permit an individual residing
7-23     in another state to be deposed or to testify by telephone,
7-24     audiovisual means, or other electronic means before a designated
7-25     court or at another location in that state.  A court of this state
7-26     shall cooperate with courts of other states in designating an
7-27     appropriate location for the deposition or testimony.
 8-1           (c)  Documentary evidence transmitted from another state to a
 8-2     court of this state by technological means that do not produce an
 8-3     original writing may not be excluded from evidence on an objection
 8-4     based on the means of transmission.
 8-5           Sec. 152.112.  COOPERATION BETWEEN COURTS; PRESERVATION OF
 8-6     RECORDS.  (a)  A court of this state may request the appropriate
 8-7     court of another state to:
 8-8                 (1)  hold an evidentiary hearing;
 8-9                 (2)  order a person to produce or give evidence
8-10     pursuant to procedures of that state;
8-11                 (3)  order that an evaluation be made with respect to
8-12     the custody of a child involved in a pending proceeding;
8-13                 (4)  forward to the court of this state a certified
8-14     copy of the transcript of the record of the hearing, the evidence
8-15     otherwise presented, and any evaluation prepared in compliance with
8-16     the request; and
8-17                 (5)  order a party to a child custody proceeding or any
8-18     person having physical custody of the child to appear in the
8-19     proceeding with or without the child.
8-20           (b)  Upon request of a court of another state, a court of
8-21     this state may hold a hearing or enter an order described in
8-22     Subsection (a).
8-23           (c)  Travel and other necessary and reasonable expenses
8-24     incurred under Subsections (a) and (b) may be assessed against the
8-25     parties according to the law of this state.
8-26           (d)  A court of this state shall preserve the pleadings,
8-27     orders, decrees, records of hearings, evaluations, and other
 9-1     pertinent records with respect to a child custody proceeding until
 9-2     the child attains 18 years of age.  Upon appropriate request by a
 9-3     court or law enforcement official of another state, the court shall
 9-4     forward a certified copy of those records.
 9-5              (Sections 152.113-152.200 reserved for expansion
 9-6                         SUBCHAPTER C.  JURISDICTION
 9-7           Sec. 152.201.  INITIAL CHILD CUSTODY JURISDICTION.  (a)
 9-8     Except as otherwise provided in Section 152.204, a court of this
 9-9     state has jurisdiction to make an initial child custody
9-10     determination only if:
9-11                 (1)  this state is the home state of the child on the
9-12     date of the commencement of the proceeding, or was the home state
9-13     of the child within six months before the commencement of the
9-14     proceeding and the child is absent from this state but a parent or
9-15     person acting as a parent continues to live in this state;
9-16                 (2)  a court of another state does not have
9-17     jurisdiction under Subdivision (1), or a court of the home state of
9-18     the child has declined to exercise jurisdiction on the ground that
9-19     this state is the more appropriate forum under Section 152.207 or
9-20     152.208, and:
9-21                       (A)  the child and the child's parents, or the
9-22     child and at least one parent or a person acting as a parent, have
9-23     a significant connection with this state other than mere physical
9-24     presence; and
9-25                       (B)  substantial evidence is available in this
9-26     state concerning the child's care, protection, training, and
9-27     personal relationships;
 10-1                (3)  all courts having jurisdiction under Subdivision
 10-2    (1) or (2) have declined to exercise jurisdiction on the ground
 10-3    that a court of this state is the more appropriate forum to
 10-4    determine the custody of the child under Section 152.207 or
 10-5    152.208; or
 10-6                (4)  no court of any other state would have
 10-7    jurisdiction under the criteria specified in Subdivision (1), (2),
 10-8    or (3).
 10-9          (b)  Subsection (a) is the exclusive jurisdictional basis for
10-10    making a child custody determination by a court of this state.
10-11          (c)  Physical presence of, or personal jurisdiction over, a
10-12    party or a child is not necessary or sufficient to make a child
10-13    custody determination.
10-14          Sec. 152.202.  EXCLUSIVE CONTINUING JURISDICTION.  (a)
10-15    Except as otherwise provided in Section 152.204, a court of this
10-16    state which has made a child custody determination consistent with
10-17    Section 152.201 or 152.203 has exclusive continuing jurisdiction
10-18    over the determination until:
10-19                (1)  a court of this state determines that neither the
10-20    child, nor the child and one parent, nor the child and a person
10-21    acting as a parent, have a significant connection with this state
10-22    and that substantial evidence is no longer available in this state
10-23    concerning the child's care, protection, training, and personal
10-24    relationships; or
10-25                (2)  a court of this state or a court of another state
10-26    determines that the child, the child's parents, and any person
10-27    acting as a parent do not presently reside in this state.
 11-1          (b)  A court of this state which has made a child custody
 11-2    determination and does not have exclusive, continuing jurisdiction
 11-3    under this section may modify that determination only if it has
 11-4    jurisdiction to make an initial determination under Section
 11-5    152.201.
 11-6          Sec. 152.203.  JURISDICTION TO MODIFY DETERMINATION.  Except
 11-7    as otherwise provided in Section 152.204, a court of this state may
 11-8    not modify a child custody determination made by a court of another
 11-9    state unless a court of this state has jurisdiction to make an
11-10    initial determination under Section 152.201(a)(1) or (2) and:
11-11                (1)  the court of the other state determines it no
11-12    longer has exclusive continuing jurisdiction under Section 152.202
11-13    or that a court of this state would be a more convenient forum
11-14    under Section 152.207; or
11-15                (2)  a court of this state or a court of the other
11-16    state determines that the child, the child's parents, and any
11-17    person acting as a parent do not presently reside in the other
11-18    state.
11-19          Sec. 152.204.  TEMPORARY EMERGENCY JURISDICTION.  (a)  A
11-20    court of this state has temporary emergency jurisdiction if the
11-21    child is present in this state and the child has been abandoned or
11-22    it is necessary in an emergency to protect the child because the
11-23    child, or a sibling or parent of the child, is subjected to or
11-24    threatened with mistreatment or abuse.
11-25          (b)  If there is no previous child custody determination that
11-26    is entitled to be enforced under this chapter and a child custody
11-27    proceeding has not been commenced in a court of a state having
 12-1    jurisdiction under Sections 152.201 through 152.203, a child
 12-2    custody determination made under this section remains in effect
 12-3    until an order is obtained from a court of a state having
 12-4    jurisdiction under Sections 152.201 through 152.203.  If a child
 12-5    custody proceeding has not been or is not commenced in a court of a
 12-6    state having jurisdiction under Sections 152.201 through 152.203, a
 12-7    child custody determination made under this section becomes a final
 12-8    determination, if it so provides and this state becomes the home
 12-9    state of the child.
12-10          (c)  If there is a previous child custody determination that
12-11    is entitled to be enforced under this chapter, or a child custody
12-12    proceeding has been commenced in a court of a state having
12-13    jurisdiction under Sections 152.201 through 152.203, any order
12-14    issued by a court of this state under this section must specify in
12-15    the order a period that the court considers adequate to allow the
12-16    person seeking an order to obtain an order from the state having
12-17    jurisdiction under Sections 152.201 through 152.203.  The order
12-18    issued in this state remains in effect until an order is obtained
12-19    from the other state within the period specified or the period
12-20    expires.
12-21          (d)  A court of this state which has been asked to make a
12-22    child custody determination under this section, upon being informed
12-23    that a child custody proceeding has been commenced in or a child
12-24    custody determination has been made by a court of a state having
12-25    jurisdiction under Sections 152.201 through 152.203, shall
12-26    immediately communicate with the other court.  A court of this
12-27    state which is exercising jurisdiction pursuant to Sections 152.201
 13-1    through 152.203, upon being informed that a child custody
 13-2    proceeding has been commenced in or a child custody determination
 13-3    has been made by a court of another state under a statute similar
 13-4    to this section shall immediately communicate with the court of
 13-5    that state to resolve the emergency, protect the safety of the
 13-6    parties and the child, and determine a period for the duration of
 13-7    the temporary order.
 13-8          Sec. 152.205.  NOTICE; OPPORTUNITY TO BE HEARD; JOINDER.  (a)
 13-9    Before a child custody determination is made under this chapter,
13-10    notice and an opportunity to be heard in accordance with the
13-11    standards of Section 152.108 must be given to all persons entitled
13-12    to notice under the law of this state as in child custody
13-13    proceedings between residents of this state, any parent whose
13-14    parental rights have not been previously terminated, and any person
13-15    having physical custody of the child.
13-16          (b)  This chapter does not govern the enforceability of a
13-17    child custody determination made without notice or an opportunity
13-18    to be heard.
13-19          (c)  The obligation to join a party and the right to
13-20    intervene as a party in a child custody proceeding under this
13-21    chapter are governed by the law of this state as in child custody
13-22    proceedings between residents of this state.
13-23          Sec. 152.206.  SIMULTANEOUS PROCEEDINGS.  (a)  Except as
13-24    otherwise provided in Section 152.204, a court of this state may
13-25    not exercise its jurisdiction under this subchapter if, at the time
13-26    of the commencement of the proceeding, a proceeding concerning the
13-27    custody of the child has been commenced in a court of another state
 14-1    having jurisdiction substantially in conformity with this chapter,
 14-2    unless the proceeding has been terminated or is stayed by the court
 14-3    of the other state because a court of this state is a more
 14-4    convenient forum under Section 152.207.
 14-5          (b)  Except as otherwise provided in Section 152.204, a court
 14-6    of this state, before hearing a child custody proceeding, shall
 14-7    examine the court documents and other information supplied by the
 14-8    parties pursuant to Section 152.209.  If the court determines that
 14-9    a child custody proceeding has been commenced in a court in another
14-10    state having jurisdiction substantially in accordance with this
14-11    chapter, the court of this state shall stay its proceeding and
14-12    communicate with the court of the other state.  If the court of the
14-13    state having jurisdiction substantially in accordance with this
14-14    chapter does not determine that the court of this state is a more
14-15    appropriate forum, the court of this state shall dismiss the
14-16    proceeding.
14-17          (c)  In a proceeding to modify a child custody determination,
14-18    a court of this state shall determine whether a proceeding to
14-19    enforce the determination has been commenced in another state.  If
14-20    a proceeding to enforce a child custody determination has been
14-21    commenced in another state, the court may:
14-22                (1)  stay the proceeding for modification pending the
14-23    entry of an order of a court of the other state enforcing, staying,
14-24    denying, or dismissing the proceeding for enforcement;
14-25                (2)  enjoin the parties from continuing with the
14-26    proceeding for enforcement; or
14-27                (3)  proceed with the modification under conditions it
 15-1    considers appropriate.
 15-2          Sec. 152.207.  INCONVENIENT FORUM.  (a)  A court of this
 15-3    state which has jurisdiction under this chapter to make a child
 15-4    custody determination may decline to exercise its jurisdiction at
 15-5    any time if it determines that it is an inconvenient forum under
 15-6    the circumstances and that a court of another state is a more
 15-7    appropriate forum.  The issue of inconvenient forum may be raised
 15-8    upon motion of a party, the court's own motion, or request of
 15-9    another court.
15-10          (b)  Before determining whether it is an inconvenient forum,
15-11    a court of this state shall consider whether it is appropriate for
15-12    a court of another state to exercise jurisdiction.  For this
15-13    purpose, the court shall allow the parties to submit information
15-14    and shall consider all relevant factors, including:
15-15                (1)  whether domestic violence has occurred and is
15-16    likely to continue in the future and which state could best protect
15-17    the parties and the child;
15-18                (2)  the length of time the child has resided outside
15-19    this state;
15-20                (3)  the distance between the court in this state and
15-21    the court in the state that would assume jurisdiction;
15-22                (4)  the relative financial circumstances of the
15-23    parties;
15-24                (5)  any agreement of the parties as to which state
15-25    should assume jurisdiction;
15-26                (6)  the nature and location of the evidence required
15-27    to resolve the pending litigation, including testimony of the
 16-1    child;
 16-2                (7)  the ability of the court of each state to decide
 16-3    the issue expeditiously and the procedures necessary to present the
 16-4    evidence; and
 16-5                (8)  the familiarity of the court of each state with
 16-6    the facts and issues in the pending litigation.
 16-7          (c)  If a court of this state determines that it is an
 16-8    inconvenient forum and that a court of another state is a more
 16-9    appropriate forum, the court shall stay the proceedings upon
16-10    condition that a child custody proceeding be promptly commenced in
16-11    another designated state and may impose any other condition the
16-12    court considers just and proper.
16-13          (d)  A court of this state may decline to exercise its
16-14    jurisdiction under this chapter if a child custody determination is
16-15    incidental to an action for divorce or another proceeding while
16-16    still retaining jurisdiction over the divorce or other proceeding.
16-17          Sec. 152.208.  JURISDICTION DECLINED BY REASON OF CONDUCT.
16-18    (a)  Except as otherwise provided in Section 152.204 or other law
16-19    of this state, if a court of this state has jurisdiction under this
16-20    chapter because a person seeking to invoke its jurisdiction has
16-21    engaged in unjustifiable conduct, the court shall decline to
16-22    exercise its jurisdiction unless:
16-23                (1)  the parents and all persons acting as parents have
16-24    acquiesced in the exercise of jurisdiction;
16-25                (2)  a court of the state otherwise having jurisdiction
16-26    under Sections 152.201 through 152.203 determines that this state
16-27    is a more appropriate forum under Section 152.207; or
 17-1                (3)  no court of any other state would have
 17-2    jurisdiction under the criteria specified in Sections 152.201
 17-3    through 152.203.
 17-4          (b)  If a court of this state declines to exercise its
 17-5    jurisdiction pursuant to Subsection (a), it may fashion an
 17-6    appropriate remedy to ensure the safety of the child and prevent a
 17-7    repetition of the unjustifiable conduct, including staying the
 17-8    proceeding until a child custody proceeding is commenced in a court
 17-9    having jurisdiction under Sections 152.201 through 152.203.
17-10          (c)  If a court dismisses a petition or stays a proceeding
17-11    because it declines to exercise its jurisdiction pursuant to
17-12    Subsection (a), it shall assess against the party seeking to invoke
17-13    its jurisdiction necessary and reasonable expenses including costs,
17-14    communication expenses, attorney's fees, investigative fees,
17-15    expenses for witnesses, travel expenses, and child care during the
17-16    course of the proceedings, unless the party from whom fees are
17-17    sought establishes that the assessment would be clearly
17-18    inappropriate.  The court may not assess fees, costs, or expenses
17-19    against this state unless authorized by law other than this
17-20    chapter.
17-21          Sec. 152.209.  INFORMATION TO BE SUBMITTED TO COURT.  (a)
17-22    Except as provided by Subsection (e), in a child custody
17-23    proceeding, each party, in its first pleading or in an attached
17-24    affidavit, shall give information, if reasonably ascertainable,
17-25    under oath as to the child's present address or whereabouts, the
17-26    places where the child has lived during the last five years, and
17-27    the names and present addresses of the persons with whom the child
 18-1    has lived during that period.  The pleading or affidavit must state
 18-2    whether the party:
 18-3                (1)  has participated, as a party or witness or in any
 18-4    other capacity, in any other proceeding concerning the custody of
 18-5    or visitation with the child and, if so, identify the court, the
 18-6    case number, and the date of the child custody determination, if
 18-7    any;
 18-8                (2)  knows of any proceeding that could affect the
 18-9    current proceeding, including proceedings for enforcement and
18-10    proceedings relating to domestic violence, protective orders,
18-11    termination of parental rights, and adoptions and, if so, identify
18-12    the court, the case number, and the nature of the proceeding; and
18-13                (3)  knows the names and addresses of any person not a
18-14    party to the proceeding who has physical custody of the child or
18-15    claims rights of legal custody or physical custody of, or
18-16    visitation with, the child and, if so, the names and addresses of
18-17    those persons.
18-18          (b)  If the information required by Subsection (a) is not
18-19    furnished, the court, upon motion of a party or its own motion, may
18-20    stay the proceeding until the information is furnished.
18-21          (c)  If the declaration as to any of the items described in
18-22    Subsections (a)(1) through (3) is in the affirmative, the declarant
18-23    shall give additional information under oath as required by the
18-24    court.  The court may examine the parties under oath as to details
18-25    of the information furnished and other matters pertinent to the
18-26    court's jurisdiction and the disposition of the case.
18-27          (d)  Each party has a continuing duty to inform the court of
 19-1    any proceeding in this or any other state that could affect the
 19-2    current proceeding.
 19-3          (e)  If a party alleges in an affidavit or a pleading under
 19-4    oath that the health, safety, or liberty of a party or child would
 19-5    be jeopardized by disclosure of identifying information, the
 19-6    information must be sealed and may not be disclosed to the other
 19-7    party or the public unless the court orders the disclosure to be
 19-8    made after a hearing in which the court takes into consideration
 19-9    the health, safety, or liberty of the party or child and determines
19-10    that the disclosure is in the interest of justice.
19-11          Sec. 152.210.  APPEARANCE OF PARTIES AND CHILD.  (a)  In a
19-12    child custody proceeding in this state, the court may order a party
19-13    to the proceeding who is in this state to appear before the court
19-14    in person with or without the child.  The court may order any
19-15    person who is in this state and who has physical custody or control
19-16    of the child to appear in person with the child.
19-17          (b)  If a party to a child custody proceeding whose presence
19-18    is desired by the court is outside this state, the court may order
19-19    that a notice given pursuant to Section 152.108 include a statement
19-20    directing the party to appear in person with or without the child
19-21    and informing the party that failure to appear may result in a
19-22    decision adverse to the party.
19-23          (c)  The court may enter any orders necessary to ensure the
19-24    safety of the child and of any person ordered to appear under this
19-25    section.
19-26          (d)  If a party to a child custody proceeding who is outside
19-27    this state is directed to appear under Subsection (b) or desires to
 20-1    appear personally before the court with or without the child, the
 20-2    court may require another party to pay reasonable and necessary
 20-3    travel and other expenses of the party so appearing and of the
 20-4    child.
 20-5             (Sections 152.211-152.300 reserved for expansion
 20-6                        SUBCHAPTER D.  ENFORCEMENT
 20-7          Sec. 152.301.  DEFINITIONS.  In this subchapter:
 20-8                (1)  "Petitioner" means a person who seeks enforcement
 20-9    of an order for return of a child under the Hague Convention on the
20-10    Civil Aspects of International Child Abduction or enforcement of a
20-11    child custody determination.
20-12                (2)  "Respondent" means a person against whom a
20-13    proceeding has been commenced for enforcement of an order for
20-14    return of a child under the Hague Convention on the Civil Aspects
20-15    of International Child Abduction or enforcement of a child custody
20-16    determination.
20-17          Sec. 152.302.  ENFORCEMENT UNDER HAGUE CONVENTION.  Under
20-18    this subchapter a court of this state may enforce an order for the
20-19    return of the child made under the Hague Convention on the Civil
20-20    Aspects of International Child Abduction as if it were a child
20-21    custody determination.
20-22          Sec. 152.303.  DUTY TO ENFORCE.  (a)  A court of this state
20-23    shall recognize and enforce a child custody determination of a
20-24    court of another state if the latter court exercised jurisdiction
20-25    in substantial conformity with this chapter or the determination
20-26    was made under factual circumstances meeting the jurisdictional
20-27    standards of this chapter and the determination has not been
 21-1    modified in accordance with this chapter.
 21-2          (b)  A court of this state may utilize any remedy available
 21-3    under other law of this state to enforce a child custody
 21-4    determination made by a court of another state.  The remedies
 21-5    provided in this subchapter are cumulative and do not affect the
 21-6    availability of other remedies to enforce a child custody
 21-7    determination.
 21-8          Sec. 152.304.  TEMPORARY VISITATION.  (a)  A court of this
 21-9    state which does not have jurisdiction to modify a child custody
21-10    determination may issue a temporary order enforcing:
21-11                (1)  a visitation schedule made by a court of another
21-12    state; or
21-13                (2)  the visitation provisions of a child custody
21-14    determination of another state that does not provide for a specific
21-15    visitation schedule.
21-16          (b)  If a court of this state makes an order under Subsection
21-17    (a)(2), the court shall specify in the order a period that it
21-18    considers adequate to allow the petitioner to obtain an order from
21-19    a court having jurisdiction under the criteria specified in
21-20    Subchapter C.  The order remains in effect until an order is
21-21    obtained from the other court or the period expires.
21-22          Sec. 152.305.  REGISTRATION OF CHILD CUSTODY DETERMINATION.
21-23    (a)  A child custody determination issued by a court of another
21-24    state may be registered in this state, with or without a
21-25    simultaneous request for enforcement, by sending to the appropriate
21-26    court in this state:
21-27                (1)  a letter or other document requesting
 22-1    registration;
 22-2                (2)  two copies, including one certified copy, of the
 22-3    determination sought to be registered and a statement under penalty
 22-4    of perjury that to the best of the knowledge and belief of the
 22-5    person seeking registration the order has not been modified; and
 22-6                (3)  except as otherwise provided in Section 152.209,
 22-7    the name and address of the person seeking registration and any
 22-8    parent or person acting as a parent who has been awarded custody or
 22-9    visitation in the child custody determination sought to be
22-10    registered.
22-11          (b)  On receipt of the documents required by Subsection (a),
22-12    the registering court shall:
22-13                (1)  cause the determination to be filed as a foreign
22-14    judgment, together with one copy of any accompanying documents and
22-15    information, regardless of their form; and
22-16                (2)  serve notice upon the persons named pursuant to
22-17    Subsection (a)(3) and provide them with an opportunity to contest
22-18    the registration in accordance with this section.
22-19          (c)  The notice required by Subsection (b)(2) must state
22-20    that:
22-21                (1)  a registered determination is enforceable as of
22-22    the date of the registration in the same manner as a determination
22-23    issued by a court of this state;
22-24                (2)  a hearing to contest the validity of the
22-25    registered determination must be requested within 20 days after
22-26    service of notice; and
22-27                (3)  failure to contest the registration will result in
 23-1    confirmation of the child custody determination and preclude
 23-2    further contest of that determination with respect to any matter
 23-3    that could have been asserted.
 23-4          (d)  A person seeking to contest the validity of a registered
 23-5    order must request a hearing within 20 days after service of the
 23-6    notice.  At that hearing, the court shall confirm the registered
 23-7    order unless the person contesting registration establishes that:
 23-8                (1)  the issuing court did not have jurisdiction under
 23-9    Subchapter C;
23-10                (2)  the child custody determination sought to be
23-11    registered has been vacated, stayed, or modified by a court having
23-12    jurisdiction to do so under Subchapter C; or
23-13                (3)  the person contesting registration was entitled to
23-14    notice, but notice was not given in accordance with the standards
23-15    of Section 152.108, in the proceedings before the court that issued
23-16    the order for which registration is sought.
23-17          (e)  If a timely request for a hearing to contest the
23-18    validity of the registration is not made, the registration is
23-19    confirmed as a matter of law and the person requesting registration
23-20    and all persons served must be notified of the confirmation.
23-21          (f)  Confirmation of a registered order, whether by operation
23-22    of law or after notice and hearing, precludes further contest of
23-23    the order with respect to any matter that could have been asserted
23-24    at the time of registration.
23-25          Sec. 152.306.  ENFORCEMENT OF REGISTERED DETERMINATION.  (a)
23-26    A court of this state may grant any relief normally available under
23-27    the law of this state to enforce a registered child custody
 24-1    determination made by a court of another state.
 24-2          (b)  A court of this state shall recognize and enforce, but
 24-3    may not modify, except in accordance with Subchapter C, a
 24-4    registered child custody determination of a court of another state.
 24-5          Sec. 152.307.  SIMULTANEOUS PROCEEDINGS.  If a proceeding for
 24-6    enforcement under this subchapter is commenced in a court of this
 24-7    state and the court determines that a proceeding to modify the
 24-8    determination is pending in a court of another state having
 24-9    jurisdiction to modify the determination under Subchapter C, the
24-10    enforcing court shall immediately communicate with the modifying
24-11    court. The proceeding for enforcement continues unless the
24-12    enforcing court, after consultation with the modifying court, stays
24-13    or dismisses the proceeding.
24-14          Sec. 152.308.  EXPEDITED ENFORCEMENT OF CHILD CUSTODY
24-15    DETERMINATION.  (a)  A petition under this subchapter must be
24-16    verified.  Certified copies of all orders sought to be enforced and
24-17    of any order confirming registration must be attached to the
24-18    petition.  A copy of a certified copy of an order may be attached
24-19    instead of the original.
24-20          (b)  A petition for enforcement of a child custody
24-21    determination must state:
24-22                (1)  whether the court that issued the determination
24-23    identified the jurisdictional basis it relied upon in exercising
24-24    jurisdiction and, if so, what the basis was;
24-25                (2)  whether the determination for which enforcement is
24-26    sought has been vacated, stayed, or modified by a court whose
24-27    decision must be enforced under this chapter and, if so, identify
 25-1    the court, the case number, and the nature of the proceeding;
 25-2                (3)  whether any proceeding has been commenced that
 25-3    could affect the current proceeding, including proceedings relating
 25-4    to domestic violence, protective orders, termination of parental
 25-5    rights, and adoptions and, if so, identify the court, the case
 25-6    number, and the nature of the proceeding;
 25-7                (4)  the present physical address of the child and the
 25-8    respondent, if known;
 25-9                (5)  whether relief in addition to the immediate
25-10    physical custody of the child and attorney's fees is sought,
25-11    including a request for assistance from law enforcement officials
25-12    and, if so, the relief sought; and
25-13                (6)  if the child custody determination has been
25-14    registered and confirmed under Section 152.305, the date and place
25-15    of registration.
25-16          (c)  Upon the filing of a petition, the court shall issue an
25-17    order directing the respondent to appear in person with or without
25-18    the child at a hearing and may enter any order necessary to ensure
25-19    the safety of the parties and the child.  The hearing must be held
25-20    on the next judicial day after service of the order unless that
25-21    date is impossible.  In that event, the court shall hold the
25-22    hearing on the first judicial day possible.  The court may extend
25-23    the date of hearing at the request of the petitioner.
25-24          (d)  An order issued under Subsection (c) must state the time
25-25    and place of the hearing and advise the respondent that at the
25-26    hearing the court will award the petitioner immediate physical
25-27    custody of the child and order the payment of fees, costs, and
 26-1    expenses under Section 152.312, and may schedule a hearing to
 26-2    determine whether further relief is appropriate, unless the
 26-3    respondent appears and establishes that:
 26-4                (1)  the child custody determination has not been
 26-5    registered and confirmed under Section 152.305 and that:
 26-6                      (A)  the issuing court did not have jurisdiction
 26-7    under Subchapter C;
 26-8                      (B)  the child custody determination for which
 26-9    enforcement is sought has been vacated, stayed, or modified by a
26-10    court having jurisdiction to do so under Subchapter C; or
26-11                      (C)  the respondent was entitled to notice, but
26-12    notice was not given in accordance with the standards of Section
26-13    152.108, in the proceedings before the court that issued the order
26-14    for which enforcement is sought; or
26-15                (2)  the child custody determination for which
26-16    enforcement is sought was registered and confirmed under Section
26-17    152.305, but has been vacated, stayed, or modified by a court of a
26-18    state having jurisdiction to do so under Subchapter C.
26-19          Sec. 152.309.  SERVICE OF PETITION AND ORDER.  Except as
26-20    otherwise provided in Section 152.311, the petition and order must
26-21    be served, by any method authorized by the law of this state, upon
26-22    the respondent and any person who has physical custody of the
26-23    child.
26-24          Sec. 152.310.  HEARING AND ORDER.  (a)  Unless the court
26-25    issues a temporary emergency order pursuant to Section 152.204,
26-26    upon a finding that a petitioner is entitled to immediate physical
26-27    custody of the child, the court shall order that the petitioner may
 27-1    take immediate physical custody of the child unless the respondent
 27-2    establishes that:
 27-3                (1)  the child custody determination has not been
 27-4    registered and confirmed under Section 152.305 and that:
 27-5                      (A)  the issuing court did not have jurisdiction
 27-6    under Subchapter C;
 27-7                      (B)  the child custody determination for which
 27-8    enforcement is sought has been vacated, stayed, or modified by a
 27-9    court of a state having jurisdiction to do so under Subchapter C;
27-10    or
27-11                      (C)  the respondent was entitled to notice, but
27-12    notice was not given in accordance with the standards of Section
27-13    152.108, in the proceedings before the court that issued the order
27-14    for which enforcement is sought; or
27-15                (2)  the child custody determination for which
27-16    enforcement is sought was registered and confirmed under Section
27-17    152.305 but has been vacated, stayed, or modified by a court of a
27-18    state having jurisdiction to do so under Subchapter C.
27-19          (b)  The court shall award the fees, costs, and expenses
27-20    authorized under Section 152.312 and may grant additional relief,
27-21    including a request for the assistance of law enforcement
27-22    officials, and set a further hearing to determine whether
27-23    additional relief is appropriate.
27-24          (c)  If a party called to testify refuses to answer on the
27-25    ground that the testimony may be self-incriminating, the court may
27-26    draw an adverse inference from the refusal.
27-27          (d)  A privilege against disclosure of communications between
 28-1    spouses and a defense of immunity based on the relationship of
 28-2    husband and wife or parent and child may not be invoked in a
 28-3    proceeding under this subchapter.
 28-4          Sec. 152.311.  WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
 28-5    (a)  Upon the filing of a petition seeking enforcement of a child
 28-6    custody determination, the petitioner may file a verified
 28-7    application for the issuance of a warrant to take physical custody
 28-8    of the child if the child is imminently likely to suffer serious
 28-9    physical harm or be removed from this state.
28-10          (b)  If the court, upon the testimony of the petitioner or
28-11    other witness, finds that the child is imminently likely to suffer
28-12    serious  physical harm or be removed from this state, it may issue
28-13    a warrant to take physical custody of the child.  The petition must
28-14    be heard on the next judicial day after the warrant is executed
28-15    unless that date is impossible.  In that event, the court shall
28-16    hold the hearing on the first judicial day possible.  The
28-17    application for the warrant must include the statements required by
28-18    Section 152.308(b).
28-19          (c)  A warrant to take physical custody of a child must:
28-20                (1)  recite the facts upon which a conclusion of
28-21    imminent serious physical harm or removal from the jurisdiction is
28-22    based;
28-23                (2)  direct law enforcement officers to take physical
28-24    custody of the child immediately; and
28-25                (3)  provide for the placement of the child pending
28-26    final relief.
28-27          (d)  The respondent must be served with the petition,
 29-1    warrant, and order immediately after the child is taken into
 29-2    physical custody.
 29-3          (e)  A warrant to take physical custody of a child is
 29-4    enforceable throughout this state.  If the court finds on the basis
 29-5    of the testimony of the petitioner or other witness that a less
 29-6    intrusive remedy is not effective, it may authorize law enforcement
 29-7    officers to enter private property to take physical custody of the
 29-8    child.  If required by exigent circumstances of the case, the court
 29-9    may authorize law enforcement officers to make a forcible entry at
29-10    any hour.
29-11          (f)  The court may impose conditions upon placement of a
29-12    child to ensure the appearance of the child and the child's
29-13    custodian.
29-14          Sec. 152.312.  COSTS, FEES, AND EXPENSES.  (a)  The court
29-15    shall award the prevailing party, including a state, necessary and
29-16    reasonable expenses incurred by or on behalf of the party,
29-17    including costs, communication expenses, attorney's fees,
29-18    investigative fees, expenses for witnesses, travel expenses, and
29-19    child care during the course of the proceedings, unless the party
29-20    from whom fees or expenses are sought establishes that the award
29-21    would be clearly inappropriate.
29-22          (b)  The court may not assess fees, costs, or expenses
29-23    against a state unless authorized by law other than this chapter.
29-24          Sec. 152.313.  RECOGNITION AND ENFORCEMENT.  A court of this
29-25    state shall accord full faith and credit to an order issued by
29-26    another state and consistent with this chapter which enforces a
29-27    child custody determination by a court of another state unless the
 30-1    order has been vacated, stayed, or modified by a court having
 30-2    jurisdiction to do so under Subchapter C.
 30-3          Sec. 152.314.  APPEALS.  An appeal may be taken from a final
 30-4    order in a proceeding under this subchapter in accordance with
 30-5    expedited appellate procedures in other civil cases.  Unless the
 30-6    court enters a temporary emergency order under Section 152.204, the
 30-7    enforcing court may not stay an order enforcing a child custody
 30-8    determination pending appeal.
 30-9          Sec. 152.315.  ROLE OF PROSECUTOR OR PUBLIC OFFICIAL.  (a)
30-10    In a case arising under this chapter or involving the Hague
30-11    Convention on the Civil Aspects of International Child Abduction,
30-12    the prosecutor or other appropriate public official may take any
30-13    lawful action, including resorting to a proceeding under this
30-14    subchapter or any other available civil proceeding to locate a
30-15    child, obtain the return of a child, or enforce a child custody
30-16    determination if there is:
30-17                (1)  an existing child custody determination;
30-18                (2)  a request to do so from a court in a pending child
30-19    custody proceeding;
30-20                (3)  a reasonable belief that a criminal statute has
30-21    been violated; or
30-22                (4)  a reasonable belief that the child has been
30-23    wrongfully removed or retained in violation of the Hague Convention
30-24    on the Civil Aspects of International Child Abduction.
30-25          (b)  A prosecutor or appropriate public official acting under
30-26    this section acts on behalf of the court and may not represent any
30-27    party.
 31-1          Sec. 152.316.  ROLE OF LAW ENFORCEMENT.  At the request of a
 31-2    prosecutor or other appropriate public official acting under
 31-3    Section 152.315, a law enforcement officer may take any lawful
 31-4    action reasonably necessary to locate a child or a party and assist
 31-5    a prosecutor or appropriate public official with responsibilities
 31-6    under Section 152.315.
 31-7          Sec. 152.317.  COSTS AND EXPENSES.  If the respondent is not
 31-8    the prevailing party, the court may assess against the respondent
 31-9    all direct expenses and costs incurred by the prosecutor or other
31-10    appropriate public official and law enforcement officers under
31-11    Section 152.315 or 152.316.
31-12          [Sec. 152.001.  PURPOSES; CONSTRUCTION OF PROVISIONS.  (a)
31-13    The general purposes of this chapter are to:]
31-14                [(1)  avoid jurisdictional competition and conflict
31-15    with courts of other states in matters of child custody that have
31-16    in the past resulted in the shifting of children from state to
31-17    state with harmful effects on their well-being;]
31-18                [(2)  promote cooperation with the courts of other
31-19    states to the end that a custody decree is rendered in the state
31-20    that can best decide the case in the interest of the child;]
31-21                [(3)  ensure that litigation concerning the custody of
31-22    a child takes place ordinarily in the state with which the child
31-23    and the child's family have the closest connection and where
31-24    significant evidence concerning the child's care, protection,
31-25    training, and personal relationships is most readily available, and
31-26    that courts of this state decline the exercise of jurisdiction when
31-27    the child and the child's family have a closer connection with
 32-1    another state;]
 32-2                [(4)  discourage continuing controversies over child
 32-3    custody in the interest of greater stability of home environment
 32-4    and of secure family relationships for the child;]
 32-5                [(5)  deter abductions and other unilateral removals of
 32-6    children undertaken to obtain custody awards;]
 32-7                [(6)  avoid relitigation of custody decisions of other
 32-8    states in this state insofar as is feasible;]
 32-9                [(7)  facilitate the enforcement of custody decrees of
32-10    other states;]
32-11                [(8)  promote and expand the exchange of information
32-12    and other forms of mutual assistance between the courts of this
32-13    state and those of other states concerned with the same child; and]
32-14                [(9)  make uniform the law of those states that enact
32-15    it.]
32-16          [(b)  This chapter shall be construed to promote the general
32-17    purposes stated in this section.]
32-18          [Sec. 152.002.  DEFINITIONS.  In this chapter:]
32-19                [(1)  "Contestant" means a person, including a parent,
32-20    who claims a right to custody or visitation rights with respect to
32-21    a child.]
32-22                [(2)  "Custody" means managing conservatorship of a
32-23    child.]
32-24                [(3)  "Custody determination" means a court decision
32-25    and court orders and instructions providing for the custody of a
32-26    child, including visitation rights, but does not include a decision
32-27    relating to child support or any other monetary obligation of any
 33-1    person.]
 33-2                [(4)  "Custody proceeding" includes a proceeding in
 33-3    which a custody determination is one of several issues, such as an
 33-4    action for divorce or separation, and includes child neglect and
 33-5    dependency proceedings.]
 33-6                [(5)  "Decree" or "custody decree" means a custody
 33-7    determination contained in a judicial decree or order made in a
 33-8    custody proceeding and includes an initial decree and a
 33-9    modification decree.]
33-10                [(6)  "Home state" means the state in which the child,
33-11    preceding the time involved, lived with the child's parents, a
33-12    parent, or a person acting as parent for at least six consecutive
33-13    months and, in the case of a child less than six months old, the
33-14    state in which the child lived from birth with any of the persons
33-15    mentioned.  Periods of temporary absence of any of the named
33-16    persons are counted as part of the six-month or other period.]
33-17                [(7)  "Initial decree" means the first custody decree
33-18    concerning a particular child.]
33-19                [(8)  "Modification decree" means a custody decree that
33-20    modifies or replaces a prior decree, whether made by the court that
33-21    rendered the prior decree or by another court.]
33-22                [(9)  "Physical custody" means actual possession and
33-23    control of a child.]
33-24                [(10)  "Person acting as parent" means a person, other
33-25    than a parent, who has physical custody of a child and who either
33-26    has been awarded custody by a court or claims a right to custody.]
33-27                [(11)  "Visitation" means possession of or access to a
 34-1    child.]
 34-2          [Sec. 152.003.  JURISDICTION.  (a)  A court of this state
 34-3    that is competent to decide child custody matters has jurisdiction
 34-4    to make a child custody determination by initial decree or
 34-5    modification decree or order if:]
 34-6                [(1)  this state:]
 34-7                      [(A)  is the home state of the child on the date
 34-8    of the commencement of the proceeding; or]
 34-9                      [(B)  had been the child's home state within six
34-10    months before the date of the commencement of the proceeding and
34-11    the child is absent from this state because of the child's  removal
34-12    or retention by a person claiming the child's custody or for other
34-13    reasons, and a parent or person acting as parent continues to live
34-14    in this state;]
34-15                [(2)  it appears that no other state would have
34-16    jurisdiction under Subdivision (1) and it is in the best interest
34-17    of the child that a court of this state assume jurisdiction
34-18    because:]
34-19                      [(A)  the child and the child's parents or the
34-20    child and at least one contestant have a significant connection
34-21    with this state other than mere physical presence in this state;
34-22    and]
34-23                      [(B)  there is available in this state
34-24    substantial evidence concerning the child's present or future care,
34-25    protection, training, and personal relationships;]
34-26                [(3)  the child is physically present in this state
34-27    and:]
 35-1                      [(A)  the child has been abandoned; or]
 35-2                      [(B)  it is necessary in an emergency to protect
 35-3    the child because the child has been subjected to or threatened
 35-4    with mistreatment or abuse or is otherwise neglected or there is a
 35-5    serious and immediate question concerning the welfare of the child;
 35-6    or]
 35-7                [(4)  it is in the best interest of the child that the
 35-8    court assume jurisdiction and:]
 35-9                      [(A)  it appears that no other state would have
35-10    jurisdiction under prerequisites substantially in accordance with
35-11    Subdivision (1), (2), or (3); or]
35-12                      [(B)  another state has declined to exercise
35-13    jurisdiction on the ground that this state is the more appropriate
35-14    forum to determine the custody of the child.]
35-15          [(b)  Except under Subsections (a)(3) and (4), physical
35-16    presence in this state of the child or of the child and one of the
35-17    contestants is not alone sufficient to confer jurisdiction on a
35-18    court of this state to make a child custody determination.]
35-19          [(c)  Physical presence of the child, while desirable, is not
35-20    a prerequisite for jurisdiction to determine the child's custody.]
35-21          [(d)  Except on written agreement of all the parties, a court
35-22    may not exercise its continuing jurisdiction to modify custody if
35-23    the child and the party with custody have established another home
35-24    state unless the action to modify was filed before the new home
35-25    state was acquired.]
35-26          [(e)  A court that has jurisdiction of a suit under
35-27    Subsection (a)(3) for which a court in another state may exercise
 36-1    jurisdiction under prerequisites substantially in accordance with
 36-2    Subsection (a)(1) or (2) may enter only a temporary order to
 36-3    protect the child.  The suit shall be dismissed in this state on
 36-4    the date a court of competent jurisdiction in another state signs
 36-5    an order in the suit or on the 91st day after the date the court in
 36-6    this state exercised its jurisdiction, whichever date occurs first.
 36-7    This subsection does not apply to a suit brought under Chapter 262.]
 36-8          [Sec. 152.004.  NOTICE AND OPPORTUNITY TO BE HEARD.  Before
 36-9    making a custody decree based on jurisdiction established under
36-10    this chapter, reasonable notice and opportunity to be heard must be
36-11    given to the contestants, to any parent whose parental rights have
36-12    not been previously terminated, and to any person who has physical
36-13    custody of the child.  If any of these persons is outside this
36-14    state, notice and opportunity to be heard must be given as provided
36-15    under Section 152.005.]
36-16          [Sec. 152.005.  NOTICE TO PERSONS OUTSIDE THIS STATE;
36-17    SUBMISSION TO JURISDICTION.  (a)  Notice required for the exercise
36-18    of jurisdiction over a person outside this state must be given in a
36-19    manner reasonably calculated to give actual notice and may be
36-20    given:]
36-21                [(1)  by personal delivery outside this state in the
36-22    manner prescribed for service of process within this state;]
36-23                [(2)  in the manner prescribed by the law of the place
36-24    in  which the service is made for service of process in that place
36-25    in an action in any of its courts of general jurisdiction;]
36-26                [(3)  by any form of mail addressed to the person to be
36-27    served and requesting a receipt, subject to the requirements of the
 37-1    Texas Rules of Civil Procedure; or]
 37-2                [(4)  as directed by the court, including publication,
 37-3    if other means of notification are ineffective, subject to the
 37-4    requirements of the Texas Rules of Civil Procedure.]
 37-5          [(b)  Notice under this section must be delivered, mailed, or
 37-6    published with sufficient time to allow for filing of an answer
 37-7    before any hearing in this state, in accordance with the Texas
 37-8    Rules of Civil Procedure applicable to the filing of an original
 37-9    lawsuit.  Each party whose rights, privileges, duties, or powers
37-10    may be affected by the action is entitled to receive notice by
37-11    citation and shall be commanded to appear by filing a written
37-12    answer.  Thereafter, the proceedings shall be as in civil cases
37-13    generally.]
37-14          [(c)  Proof of service outside this state may be made by the
37-15    affidavit of the individual who made the service or in the manner
37-16    prescribed by the law of this state, by the order under which the
37-17    service is made, or by the law of the place in which the service is
37-18    made.  If service is made by mail, proof may be a receipt signed by
37-19    the addressee or other evidence of delivery to the addressee.]
37-20          [(d)  Notice is not required if a person submits to the
37-21    jurisdiction of the court.]
37-22          [Sec. 152.006.  SIMULTANEOUS PROCEEDINGS IN OTHER STATE.  (a)
37-23    A court of this state may not exercise its jurisdiction under this
37-24    chapter if, at the time of filing the petition, a proceeding
37-25    concerning the custody of the child was pending in a court of
37-26    another state exercising jurisdiction substantially in conformity
37-27    with this chapter, unless the proceeding is stayed by the court of
 38-1    the other state because this state is a more appropriate forum or
 38-2    for other reasons.]
 38-3          [(b)  Before hearing the petition in a custody proceeding,
 38-4    the court shall examine the pleadings and other information
 38-5    supplied by the parties under Section 152.009 and shall consult the
 38-6    child custody registry established under Section 152.016 concerning
 38-7    the pendency of proceedings with respect to the child in other
 38-8    states.  If the court has reason to believe that proceedings may be
 38-9    pending in another state, it shall direct an inquiry to the state
38-10    court administrator or other appropriate official of the other
38-11    state.]
38-12          [(c)  If the court is informed during the course of the
38-13    proceeding that a proceeding concerning the custody of the child
38-14    was pending in another state before the court assumed jurisdiction,
38-15    it shall stay the proceeding and communicate with the court in
38-16    which the other proceeding is pending to the end that the issue may
38-17    be litigated in the more appropriate forum and that information may
38-18    be exchanged in accordance with Sections 152.019-152.022.  If a
38-19    court of this state has made a custody decree before being informed
38-20    of a pending proceeding in a court of another state, it shall
38-21    immediately inform that court of the fact.  If the court is
38-22    informed that a proceeding was commenced in another state after it
38-23    assumed jurisdiction, it shall likewise inform the other court to
38-24    the end that the issues may be litigated in the more appropriate
38-25    forum.]
38-26          [Sec. 152.007.  INCONVENIENT FORUM.  (a)  A court that has
38-27    jurisdiction under this chapter to make an initial or modification
 39-1    decree may decline to exercise its jurisdiction any time before
 39-2    making a decree if it finds that it is an inconvenient forum to
 39-3    make a custody determination under the circumstances of the case
 39-4    and that a court of another state is a more appropriate forum.]
 39-5          [(b)  A finding of inconvenient forum may be made on the
 39-6    court's own motion or on the motion of a party or a guardian ad
 39-7    litem or other representative of the child.]
 39-8          [(c)  In determining whether it is an inconvenient forum, the
 39-9    court shall consider whether it is in the best interest of the
39-10    child that another state assume jurisdiction.  For this purpose,
39-11    the court may take into account the following factors, among
39-12    others:]
39-13                [(1)  whether another state is or recently was the
39-14    child's home state;]
39-15                [(2)  whether another state has a closer connection
39-16    with the child and the child's family or with the child and one or
39-17    more of the contestants;]
39-18                [(3)  whether substantial evidence concerning the
39-19    child's present or future care, protection, training, and personal
39-20    relationships is more readily available in another state;]
39-21                [(4)  whether the parties have agreed on another forum
39-22    that is no less appropriate; and]
39-23                [(5)  whether the exercise of jurisdiction by a court
39-24    of this state would contravene any of the purposes stated in
39-25    Section 152.001.]
39-26          [(d)  Before determining whether to decline or retain
39-27    jurisdiction, the court may communicate with a court of another
 40-1    state and exchange information pertinent to the assumption of
 40-2    jurisdiction by either court with a view to ensuring that
 40-3    jurisdiction will be exercised by the more appropriate court and
 40-4    that a forum will be available to the parties.]
 40-5          [(e)  If the court finds that it is an inconvenient forum and
 40-6    that a court of another state is a more appropriate forum, it may
 40-7    dismiss the proceedings, or it may stay the proceedings on
 40-8    condition that a custody proceeding be promptly commenced in
 40-9    another named state or on any other condition that may be just and
40-10    proper, including the condition that a moving party stipulate the
40-11    party's consent and submission to the jurisdiction of the other
40-12    forum.]
40-13          [(f)  The court may decline to exercise its jurisdiction
40-14    under this chapter if a custody determination is incidental to an
40-15    action for divorce or another proceeding while retaining
40-16    jurisdiction over the divorce or other proceeding.]
40-17          [(g)  If it appears to the court that it is clearly an
40-18    inappropriate forum, the court may require the party who commenced
40-19    the proceedings to pay, in addition to the costs of the proceedings
40-20    in this state, necessary travel and other expenses, including
40-21    attorney's fees, incurred by other parties or their witnesses.]
40-22          [(h)  On dismissal or stay of proceedings under this section,
40-23    the court shall inform the court found to be the more appropriate
40-24    forum of this fact or, if the court that would have jurisdiction in
40-25    the other state is not certainly known, shall transmit the
40-26    information to the court administrator or other appropriate
40-27    official for forwarding to the appropriate court.]
 41-1          [(i)  Any communication received from another state informing
 41-2    this state of a finding of inconvenient forum because a court of
 41-3    this state is the more appropriate forum shall be filed in the
 41-4    custody registry of the appropriate court. On assuming
 41-5    jurisdiction, the court of this state shall inform the original
 41-6    court of this fact.]
 41-7          [Sec. 152.008.  JURISDICTION DECLINED BY REASON OF CONDUCT.
 41-8    (a)  If the petitioner for an initial decree has wrongfully taken
 41-9    the child from another state or has engaged in similar
41-10    reprehensible conduct, the court may decline to exercise
41-11    jurisdiction if just and proper under the circumstances.]
41-12          [(b)  Unless required in the interest of the child, the court
41-13    may not exercise its jurisdiction to modify a custody decree of
41-14    another state if the petitioner, without consent of the person
41-15    entitled to custody, has improperly removed the child from the
41-16    physical custody of the person entitled to custody or has
41-17    improperly retained the child after a visit or other temporary
41-18    relinquishment of physical custody.  If the petitioner has violated
41-19    any other provision of a custody decree of another state, the court
41-20    may decline to exercise its jurisdiction if just and proper under
41-21    the circumstances.]
41-22          [(c)  In an appropriate case, a court dismissing a petition
41-23    under this section may charge the petitioner with necessary travel
41-24    and other expenses, including attorney's fees, incurred by other
41-25    parties or their witnesses.]
41-26          [Sec. 152.009.  INFORMATION UNDER OATH TO BE SUBMITTED TO THE
41-27    COURT.  (a)  Unless all the contestants are residing in this state,
 42-1    every party in a custody proceeding in the party's first pleading
 42-2    or in an affidavit attached to that pleading shall give information
 42-3    under oath as to the child's present address, the places where the
 42-4    child has lived within the last five years, and the names and
 42-5    present addresses of the persons with whom the child has lived
 42-6    during that period. In this pleading or affidavit every party shall
 42-7    further declare under oath whether the party:]
 42-8                [(1)  has participated (as a party, as a witness, or in
 42-9    any other capacity) in any other litigation concerning the custody
42-10    of the same child in this or any other state;]
42-11                [(2)  has information of any proceeding concerning the
42-12    child pending in a court of this or any other state; and]
42-13                [(3)  knows of any person not a party to the
42-14    proceedings who has physical custody of the child or claims to have
42-15    custody or visitation rights with respect to the child.]
42-16          [(b)  If the declaration as to any of the items in Subsection
42-17    (a) is in the affirmative, the declarant shall give additional
42-18    information under oath as required by the court.  The court may
42-19    examine the parties under oath as to details of the information
42-20    furnished and as to other matters pertinent to the court's
42-21    jurisdiction and the disposition of the case.]
42-22          [(c)  Each party has a continuing duty to inform the court of
42-23    any custody proceeding concerning the child in this or any other
42-24    state of which the party obtained information during the
42-25    proceeding.]
42-26          [Sec. 152.010.  ADDITIONAL PARTIES.  (a)  If the court learns
42-27    from information furnished by the parties under Section 152.009 or
 43-1    from other sources that a person not a party to the custody
 43-2    proceeding has physical custody of the child or claims to have
 43-3    custody or visitation rights with respect to the child, it shall
 43-4    order that the person:]
 43-5                [(1)  be joined as a party; and]
 43-6                [(2)  be notified of the pendency of the proceeding and
 43-7    of the person's joinder as a party.]
 43-8          [(b)  If the person joined as a party is outside this state,
 43-9    the person must be served with process or otherwise notified in
43-10    accordance with Section 152.005.]
43-11          [Sec. 152.011.  APPEARANCE OF PARTIES AND CHILD.  (a)  The
43-12    court may order any party to the proceeding who is in this state to
43-13    appear personally before the court.  If that party has physical
43-14    custody of the child, the court may order that the party appear
43-15    personally with the child.]
43-16          [(b)  If a party to the proceeding whose presence is desired
43-17    by the court is outside this state, with or without the child, the
43-18    court may order that the notice given under Section 152.005 include
43-19    a statement directing that party to appear personally, with or
43-20    without the child, and declaring that failure to appear may result
43-21    in a decision adverse to that party.]
43-22          [(c)  If a party to the proceeding who is outside this state
43-23    is directed to appear under Subsection (b) or desires to appear
43-24    personally before the court, with or without the child, the court
43-25    may require another party to pay to the clerk of the court travel
43-26    and other necessary expenses of the party appearing and of the
43-27    child if just and proper under the circumstances.]
 44-1          [Sec. 152.012.  BINDING FORCE AND RES JUDICATA EFFECT OF
 44-2    CUSTODY DECREE.  A custody decree of a court of this state that has
 44-3    jurisdiction under Section 152.003 binds all parties who have been
 44-4    served in this state or notified in accordance with Section 152.005
 44-5    or who have submitted to the jurisdiction of the court and who have
 44-6    been given an opportunity to be heard.  As to these parties, the
 44-7    custody decree is conclusive as to all issues of law and fact
 44-8    decided and as to the custody determination made, unless and until
 44-9    that determination is modified.]
44-10          [Sec. 152.013.  RECOGNITION OF OUT-OF-STATE CUSTODY DECREES.
44-11    The courts of this state shall recognize and enforce an initial or
44-12    modification decree of a court of another state that had assumed
44-13    jurisdiction under statutory provisions substantially in accordance
44-14    with this chapter or that was made under factual circumstances
44-15    meeting the jurisdictional standards of this chapter, so long as
44-16    the decree has not been modified in accordance with jurisdictional
44-17    standards substantially similar to those of this chapter.]
44-18          [Sec. 152.014.  MODIFICATION OF CUSTODY DECREE OF ANOTHER
44-19    STATE.  (a)  If a court of another state has made a custody decree,
44-20    a court of this state may not modify the decree unless:]
44-21                [(1)  it appears to the court of this state that the
44-22    court that rendered the decree does not have jurisdiction under
44-23    jurisdictional prerequisites substantially in accordance with this
44-24    chapter or has declined to assume jurisdiction to modify the
44-25    decree; and]
44-26                [(2)  the court of this state has jurisdiction.]
44-27          [(b)  If a court of this state is authorized under Subsection
 45-1    (a) and Section 152.008 to modify a custody decree of another
 45-2    state, it shall give due consideration to the transcript of the
 45-3    record and other documents of all previous proceedings submitted to
 45-4    it in accordance with Section 152.022.]
 45-5          [Sec. 152.015.  FILING AND ENFORCEMENT OF CUSTODY DECREE OF
 45-6    ANOTHER STATE.  (a)  On payment of proper fees, a certified copy of
 45-7    a custody decree of another state may be filed in the office of the
 45-8    clerk of any district court or other appropriate court of this
 45-9    state. The clerk shall treat the decree in the same manner as a
45-10    custody decree of a district court or other appropriate court of
45-11    this state.  A custody decree filed under this section has the same
45-12    effect and shall be enforced in the same manner as a custody decree
45-13    rendered by a court of this state.]
45-14          [(b)  A person whose violation of a custody decree of another
45-15    state makes it necessary to enforce the decree in this state may be
45-16    required to pay necessary travel and other expenses, including
45-17    attorney's fees, incurred by the party entitled to the custody or
45-18    the party's witnesses.]
45-19          [Sec. 152.016.  REGISTRY OF OUT-OF-STATE CUSTODY DECREES AND
45-20    PROCEEDINGS.  The clerk of each district court or other appropriate
45-21    court shall maintain a registry in which the clerk shall enter:]
45-22                [(1)  certified copies of custody decrees of other
45-23    states received for filing;]
45-24                [(2)  communications as to the pendency of custody
45-25    proceedings in other states;]
45-26                [(3)  communications concerning a finding of
45-27    inconvenient forum by a court of another state; and]
 46-1                [(4)  other communications or documents concerning
 46-2    custody proceedings in another state that may affect the
 46-3    jurisdiction of a court of this state or the disposition to be made
 46-4    by it in a custody proceeding.]
 46-5          [Sec. 152.017.  CERTIFIED COPIES OF CUSTODY DECREE.  The
 46-6    clerk of the district court or other appropriate court of this
 46-7    state, at the request of the court of another state or at the
 46-8    request of a person who is affected by or has a legitimate interest
 46-9    in a custody decree, shall, on payment of proper fees, certify and
46-10    forward a copy of the decree to that court or person.]
46-11          [Sec. 152.018.  TAKING TESTIMONY IN ANOTHER STATE.  In
46-12    addition to other procedural devices available to a party, a party
46-13    to the proceeding or a guardian ad litem or other representative of
46-14    the child may adduce testimony of witnesses, including parties and
46-15    the child, by deposition or otherwise, in another state.  The court
46-16    on its own motion may direct that the testimony of a person be
46-17    taken in another state and may prescribe the manner in which and
46-18    the terms on which the testimony shall be taken.]
46-19          [Sec. 152.019.  HEARINGS AND STUDIES IN ANOTHER STATE; ORDERS
46-20    TO APPEAR.  (a)  A court of this state may request the appropriate
46-21    court of another state to hold a hearing to adduce evidence, to
46-22    order a party to produce or give evidence under other procedures of
46-23    that state, to have social studies made with respect to the custody
46-24    of a child involved in proceedings pending in the court of this
46-25    state, and to forward to the court of this state certified copies
46-26    of the transcript of the record of the hearing, the evidence
46-27    otherwise adduced, or any social studies prepared in compliance
 47-1    with the request.  The cost of the services may be assessed against
 47-2    the parties or, if necessary, ordered paid by the state as costs of
 47-3    court.]
 47-4          [(b)  A court of this state may request the appropriate court
 47-5    of another state to order a party to custody proceedings pending in
 47-6    the court of this state to appear in the proceedings and, if that
 47-7    party has physical custody of the child, to appear with the child.
 47-8    The request may state that travel and other necessary expenses of
 47-9    the party and of the child whose appearance is desired will be
47-10    assessed against another party or will otherwise be paid.]
47-11          [Sec. 152.020.  ASSISTANCE TO COURTS OF OTHER STATES.  (a)
47-12    On request of the court of another state, the courts of this state
47-13    that are competent to hear custody matters may order a person in
47-14    this state to appear at a hearing to adduce evidence or to produce
47-15    or give evidence under other procedures available in this state or
47-16    may order social studies to be made for use in a custody proceeding
47-17    in another state.  A certified copy of the transcript of the record
47-18    of the hearing or the evidence otherwise adduced and any social
47-19    studies prepared shall be forwarded by the clerk of the court to
47-20    the requesting court.]
47-21          [(b)  A person in this state may voluntarily give the
47-22    person's testimony or statement in this state for use in a custody
47-23    proceeding outside this state.]
47-24          [(c)  On request of the court of another state, a competent
47-25    court of this state may order a person in this state to appear
47-26    alone or with the child in a custody proceeding in another state.
47-27    The court may condition compliance with the request on assurance by
 48-1    the other state that state travel and other necessary expenses will
 48-2    be advanced or reimbursed.]
 48-3          [Sec. 152.021.  PRESERVATION OF DOCUMENTS FOR USE IN OTHER
 48-4    STATES.  In a custody proceeding in this state, the court shall
 48-5    preserve the pleadings, orders, and decrees, a record that has been
 48-6    made of its hearings, social studies, and other pertinent documents
 48-7    until the child reaches 18 years of age or in accordance with the
 48-8    law of this state.  On appropriate request of the court of another
 48-9    state and payment of proper fees, the court shall forward to the
48-10    other court certified copies of the documents.]
48-11          [Sec. 152.022.  REQUEST FOR COURT RECORDS OF ANOTHER STATE.
48-12    If a custody decree has been rendered in another state concerning a
48-13    child involved in a custody proceeding pending in a court of this
48-14    state, the court of this state on taking jurisdiction of the case
48-15    may request of the court of the other state a certified copy of the
48-16    transcript of a court record and other documents listed in Section
48-17    152.021.]
48-18          [Sec. 152.023.  INTERNATIONAL APPLICATION.  The general
48-19    policies of this chapter extend to the international area.  The
48-20    provisions of this chapter relating to the recognition and
48-21    enforcement of custody decrees of other states apply to custody
48-22    decrees and decrees involving legal institutions similar in nature
48-23    to custody institutions rendered by appropriate authorities of
48-24    other nations if reasonable notice and opportunity to be heard were
48-25    given to all affected persons.]
48-26          [Sec. 152.024.  PRIORITY.  On the request of a party to a
48-27    custody proceeding that raises a question of existence or exercise
 49-1    of jurisdiction under this chapter, the case shall be given
 49-2    calendar priority and handled expeditiously.]
 49-3          [Sec. 152.025.  SHORT TITLE.  This chapter may be cited as
 49-4    the Uniform Child Custody Jurisdiction Act.]
 49-5          SECTION 2.  This Act takes effect September 1, 1999, and
 49-6    applies to a motion or other request for relief made in a child
 49-7    custody proceeding or to enforce a child custody determination that
 49-8    is commenced on or after that date.  A motion or other request for
 49-9    relief made in a child custody proceeding or to enforce a child
49-10    custody determination that was commenced before the effective date
49-11    of this Act is governed by the law in effect at the time the motion
49-12    or other request was made, and the former law is continued in
49-13    effect for that purpose.
49-14          SECTION 3.  The importance of this legislation and the
49-15    crowded condition of the calendars in both houses create an
49-16    emergency and an imperative public necessity that the
49-17    constitutional rule requiring bills to be read on three several
49-18    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 797 was passed by the House on March
         18, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 797 was passed by the Senate on April
         22, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor