By Thompson                                            H.B. No. 797
         76R1957 MCK-F                           
                                A BILL TO BE ENTITLED
 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              (Sections 152.002-152.100 reserved for expansion
1-14                      SUBCHAPTER B.  GENERAL PROVISIONS
1-15           Sec. 152.101.  SHORT TITLE.  This chapter may be cited as the
1-16     Uniform Child Custody Jurisdiction and Enforcement Act.
1-17           Sec. 152.102.  DEFINITIONS.  In this chapter:
1-18                 (1)  "Abandoned" means left without provision for
1-19     reasonable and necessary care or supervision.
1-20                 (2)  "Child" means an individual who has not attained
1-21     18 years of age.
1-22                 (3)  "Child custody determination" means a judgment,
1-23     decree, or other order of a court providing for legal custody,
1-24     physical custody, or visitation with respect to a child.  The term
 2-1     includes a permanent, temporary, initial, and modification order.
 2-2     The term does not include an order relating to child support or
 2-3     another monetary obligation of an individual.
 2-4                 (4)  "Child custody proceeding" means a proceeding in
 2-5     which legal custody, physical custody, or visitation with respect
 2-6     to a child is an issue.  The term includes a proceeding for
 2-7     divorce, separation, neglect, abuse, dependency, guardianship,
 2-8     paternity, termination of parental rights, and protection from
 2-9     domestic violence in which the issue may appear.  The term does not
2-10     include a proceeding involving juvenile delinquency, contractual
2-11     emancipation, or enforcement under Subchapter D.
2-12                 (5)  "Commencement" means the filing of the first
2-13     pleading in a proceeding.
2-14                 (6)  "Court" means an entity authorized under the law
2-15     of a state to establish, enforce, or modify a child custody
2-16     determination.
2-17                 (7)  "Home state" means the state in which a child
2-18     lived with a parent or a person acting as a parent for at least six
2-19     consecutive months immediately before the commencement of a child
2-20     custody proceeding.  In the case of a child less than six months of
2-21     age, the term means the state in which the child lived from birth
2-22     with a parent or a person acting as a parent.  A period of
2-23     temporary absence of a parent or a person acting as a parent is
2-24     part of the period.
2-25                 (8)  "Initial determination" means the first child
2-26     custody determination concerning a particular child.
2-27                 (9)  "Issuing court" means the court that makes a child
 3-1     custody determination for which enforcement is sought under this
 3-2     chapter.
 3-3                 (10)  "Issuing state" means the state in which a child
 3-4     custody determination is made.
 3-5                 (11)  "Modification" means a child custody
 3-6     determination that changes, replaces, supersedes, or is otherwise
 3-7     made after a previous determination concerning the same child,
 3-8     whether or not it is made by the court that made the previous
 3-9     determination.
3-10                 (12)  "Person acting as a parent" means a person, other
3-11     than a parent, who:
3-12                       (A)  has physical custody of the child or has had
3-13     physical custody for a period of six consecutive months, including
3-14     any temporary absence, within one year immediately before the
3-15     commencement of a child custody proceeding; and
3-16                       (B)  has been awarded legal custody by a court or
3-17     claims a right to legal custody under the law of this state.
3-18                 (13)  "Physical custody" means the physical care and
3-19     supervision of a child.
3-20                 (14)  "Tribe" means an Indian tribe or band, or Alaskan
3-21     Native village, which is recognized by federal law or formally
3-22     acknowledged by a state.
3-23                 (15)  "Warrant" means an order issued by a court
3-24     authorizing law enforcement officers to take physical custody of a
3-25     child.
3-26           Sec. 152.103.  PROCEEDINGS GOVERNED BY OTHER LAW.  This
3-27     chapter does not govern an adoption proceeding or a proceeding
 4-1     pertaining to the authorization of emergency medical care for a
 4-2     child.
 4-3           Sec. 152.104.  APPLICATION TO INDIAN TRIBES.  (a)  A child
 4-4     custody proceeding that pertains to an Indian child as defined in
 4-5     the Indian Child Welfare Act (25 U.S.C. Section 1901 et seq.) is
 4-6     not subject to this chapter to the extent that it is governed by
 4-7     the Indian Child Welfare Act.
 4-8           (b)  A court of this state shall treat a tribe as if it were
 4-9     a state of the United States for the purpose of applying this
4-10     subchapter and Subchapter C.
4-11           (c)  A child custody determination made by a tribe under
4-12     factual circumstances in substantial conformity with the
4-13     jurisdictional standards of this chapter must be recognized and
4-14     enforced under Subchapter D.
4-15           Sec. 152.105.  INTERNATIONAL APPLICATION OF CHAPTER.  (a)  A
4-16     court of this state shall treat a foreign country as if it were a
4-17     state of the United States for the purpose of applying this
4-18     subchapter and Subchapter C.
4-19           (b)  Except as otherwise provided in Subsection (c), a child
4-20     custody determination made in a foreign country under factual
4-21     circumstances in substantial conformity with the jurisdictional
4-22     standards of this chapter must be recognized and enforced under
4-23     Subchapter D.
4-24           (c)  A court of this state need not apply this chapter if the
4-25     child custody law of a foreign country violates fundamental
4-26     principles of human rights.
4-27           Sec. 152.106.  EFFECT OF CHILD CUSTODY DETERMINATION.  A
 5-1     child custody determination made by a court of this state that had
 5-2     jurisdiction under this chapter binds all persons who have been
 5-3     served in accordance with the laws of this state or notified in
 5-4     accordance with Section 152.108 or who have submitted to the
 5-5     jurisdiction of the court and who have been given an opportunity to
 5-6     be heard.  As to those persons, the determination is conclusive as
 5-7     to all decided issues of law and fact except to the extent the
 5-8     determination is modified.
 5-9           Sec. 152.107.  PRIORITY.  If a question of existence or
5-10     exercise of jurisdiction under this chapter is raised in a child
5-11     custody proceeding, the question, upon request of a party, must be
5-12     given priority on the calendar and handled expeditiously.
5-13           Sec. 152.108.  NOTICE TO PERSONS OUTSIDE STATE.  (a)  Notice
5-14     required for the exercise of jurisdiction when a person is outside
5-15     this state may be given in a manner prescribed by the law of this
5-16     state for service of process or by the law of the state in which
5-17     the service is made.  Notice must be given in a manner reasonably
5-18     calculated to give actual notice but may be by publication if other
5-19     means are not effective.
5-20           (b)  Proof of service may be made in the manner prescribed by
5-21     the law of this state or by the law of the state in which the
5-22     service is made.
5-23           (c)  Notice is not required for the exercise of jurisdiction
5-24     with respect to a person who submits to the jurisdiction of the
5-25     court.
5-26           Sec. 152.109.  APPEARANCE AND LIMITED IMMUNITY.  (a)  A party
5-27     to a child custody proceeding, including a modification proceeding,
 6-1     or a petitioner or respondent in a proceeding to enforce or
 6-2     register a child custody determination, is not subject to personal
 6-3     jurisdiction in this state for another proceeding or purpose solely
 6-4     by reason of having participated, or of having been physically
 6-5     present for the purpose of participating, in the proceeding.
 6-6           (b)  A person who is subject to personal jurisdiction in this
 6-7     state on a basis other than physical presence is not immune from
 6-8     service of process in this state.  A party present in this state
 6-9     who is subject to the jurisdiction of another state is not immune
6-10     from service of process allowed under the laws of that state.
6-11           (c)  The immunity granted by Subsection (a) does not extend
6-12     to civil litigation based on acts unrelated to the participation in
6-13     a proceeding under this chapter committed by an individual while
6-14     present in this state.
6-15           Sec. 152.110.  COMMUNICATION BETWEEN COURTS.  (a)  In this
6-16     section, "record" means information that is inscribed on a tangible
6-17     medium or that is stored in an electronic or other medium and is
6-18     retrievable in perceivable form.
6-19           (b)  A court of this state may communicate with a court in
6-20     another state concerning a proceeding arising under this chapter.
6-21           (c)  The court may allow the parties to participate in the
6-22     communication.  If the parties are not able to participate in the
6-23     communication, they must be given the opportunity to present facts
6-24     and legal arguments before a decision on jurisdiction is made.
6-25           (d)  Communication between courts on schedules, calendars,
6-26     court records, and similar matters may occur without informing the
6-27     parties.  A record need not be made of the communication.
 7-1           (e)  Except as otherwise provided in Subsection (d), a record
 7-2     must be made of a communication under this section.  The parties
 7-3     must be informed promptly of the communication and granted access
 7-4     to the record.
 7-5           Sec. 152.111.  TAKING TESTIMONY IN ANOTHER STATE.  (a)  In
 7-6     addition to other procedures available to a party, a party to a
 7-7     child custody proceeding may offer testimony of witnesses who are
 7-8     located in another state, including testimony of the parties and
 7-9     the child, by deposition or other means allowed in this state for
7-10     testimony taken in another state.  The court on its own motion may
7-11     order that the testimony of a person be taken in another state and
7-12     may prescribe the manner in which and the terms upon which the
7-13     testimony is taken.
7-14           (b)  A court of this state may permit an individual residing
7-15     in another state to be deposed or to testify by telephone,
7-16     audiovisual means, or other electronic means before a designated
7-17     court or at another location in that state.  A court of this state
7-18     shall cooperate with courts of other states in designating an
7-19     appropriate location for the deposition or testimony.
7-20           (c)  Documentary evidence transmitted from another state to a
7-21     court of this state by technological means that do not produce an
7-22     original writing may not be excluded from evidence on an objection
7-23     based on the means of transmission.
7-24           Sec. 152.112.  COOPERATION BETWEEN COURTS; PRESERVATION OF
7-25     RECORDS.  (a)  A court of this state may request the appropriate
7-26     court of another state to:
7-27                 (1)  hold an evidentiary hearing;
 8-1                 (2)  order a person to produce or give evidence
 8-2     pursuant to procedures of that state;
 8-3                 (3)  order that an evaluation be made with respect to
 8-4     the custody of a child involved in a pending proceeding;
 8-5                 (4)  forward to the court of this state a certified
 8-6     copy of the transcript of the record of the hearing, the evidence
 8-7     otherwise presented, and any evaluation prepared in compliance with
 8-8     the request; and
 8-9                 (5)  order a party to a child custody proceeding or any
8-10     person having physical custody of the child to appear in the
8-11     proceeding with or without the child.
8-12           (b)  Upon request of a court of another state, a court of
8-13     this state may hold a hearing or enter an order described in
8-14     Subsection (a).
8-15           (c)  Travel and other necessary and reasonable expenses
8-16     incurred under Subsections (a) and (b) may be assessed against the
8-17     parties according to the law of this state.
8-18           (d)  A court of this state shall preserve the pleadings,
8-19     orders, decrees, records of hearings, evaluations, and other
8-20     pertinent records with respect to a child custody proceeding until
8-21     the child attains 18 years of age.  Upon appropriate request by a
8-22     court or law enforcement official of another state, the court shall
8-23     forward a certified copy of those records.
8-24              (Sections 152.113-152.200 reserved for expansion
8-25                         SUBCHAPTER C.  JURISDICTION
8-26           Sec. 152.201.  INITIAL CHILD CUSTODY JURISDICTION.  (a)
8-27     Except as otherwise provided in Section 152.204, a court of this
 9-1     state has jurisdiction to make an initial child custody
 9-2     determination only if:
 9-3                 (1)  this state is the home state of the child on the
 9-4     date of the commencement of the proceeding, or was the home state
 9-5     of the child within six months before the commencement of the
 9-6     proceeding and the child is absent from this state but a parent or
 9-7     person acting as a parent continues to live in this state;
 9-8                 (2)  a court of another state does not have
 9-9     jurisdiction under Subdivision (1), or a court of the home state of
9-10     the child has declined to exercise jurisdiction on the ground that
9-11     this state is the more appropriate forum under Section 152.207 or
9-12     152.208, and:
9-13                       (A)  the child and the child's parents, or the
9-14     child and at least one parent or a person acting as a parent, have
9-15     a significant connection with this state other than mere physical
9-16     presence; and
9-17                       (B)  substantial evidence is available in this
9-18     state concerning the child's care, protection, training, and
9-19     personal relationships;
9-20                 (3)  all courts having jurisdiction under Subdivision
9-21     (1) or (2) have declined to exercise jurisdiction on the ground
9-22     that a court of this state is the more appropriate forum to
9-23     determine the custody of the child under Section 152.207 or
9-24     152.208; or
9-25                 (4)  no court of any other state would have
9-26     jurisdiction under the criteria specified in Subdivision (1), (2),
9-27     or (3).
 10-1          (b)  Subsection (a) is the exclusive jurisdictional basis for
 10-2    making a child custody determination by a court of this state.
 10-3          (c)  Physical presence of, or personal jurisdiction over, a
 10-4    party or a child is not necessary or sufficient to make a child
 10-5    custody determination.
 10-6          Sec. 152.202.  EXCLUSIVE CONTINUING JURISDICTION.  (a)
 10-7    Except as otherwise provided in Section 152.204, a court of this
 10-8    state which has made a child custody determination consistent with
 10-9    Section 152.201 or 152.203 has exclusive continuing jurisdiction
10-10    over the determination until:
10-11                (1)  a court of this state determines that the child,
10-12    the child's parents, and any person acting as a parent do not have
10-13    a significant connection with this state and that substantial
10-14    evidence is no longer available in this state concerning the
10-15    child's care, protection, training, and personal relationships; or
10-16                (2)  a court of this state or a court of another state
10-17    determines that the child, the child's parents, and any person
10-18    acting as a parent do not presently reside in this state.
10-19          (b)  A court of this state which has made a child custody
10-20    determination and does not have exclusive, continuing jurisdiction
10-21    under this section may modify that determination only if it has
10-22    jurisdiction to make an initial determination under Section
10-23    152.201.
10-24          Sec. 152.203.  JURISDICTION TO MODIFY DETERMINATION.  Except
10-25    as otherwise provided in Section 152.204, a court of this state may
10-26    not modify a child custody determination made by a court of another
10-27    state unless a court of this state has jurisdiction to make an
 11-1    initial determination under Section 152.201(a)(1) or (2) and:
 11-2                (1)  the court of the other state determines it no
 11-3    longer has exclusive continuing jurisdiction under Section 152.202
 11-4    or that a court of this state would be a more convenient forum
 11-5    under Section 152.207; or
 11-6                (2)  a court of this state or a court of the other
 11-7    state determines that the child, the child's parents, and any
 11-8    person acting as a parent do not presently reside in the other
 11-9    state.
11-10          Sec. 152.204.  TEMPORARY EMERGENCY JURISDICTION.  (a)  A
11-11    court of this state has temporary emergency jurisdiction if the
11-12    child is present in this state and the child has been abandoned or
11-13    it is necessary in an emergency to protect the child because the
11-14    child, or a sibling or parent of the child, is subjected to or
11-15    threatened with mistreatment or abuse.
11-16          (b)  If there is no previous child custody determination that
11-17    is entitled to be enforced under this chapter and a child custody
11-18    proceeding has not been commenced in a court of a state having
11-19    jurisdiction under Sections 152.201 through 152.203, a child
11-20    custody determination made under this section remains in effect
11-21    until an order is obtained from a court of a state having
11-22    jurisdiction under Sections 152.201 through 152.203.  If a child
11-23    custody proceeding has not been or is not commenced in a court of a
11-24    state having jurisdiction under Sections 152.201 through 152.203, a
11-25    child custody determination made under this section becomes a final
11-26    determination, if it so provides and this state becomes the home
11-27    state of the child.
 12-1          (c)  If there is a previous child custody determination that
 12-2    is entitled to be enforced under this chapter, or a child custody
 12-3    proceeding has been commenced in a court of a state having
 12-4    jurisdiction under Sections 152.201 through 152.203, any order
 12-5    issued by a court of this state under this section must specify in
 12-6    the order a period that the court considers adequate to allow the
 12-7    person seeking an order to obtain an order from the state having
 12-8    jurisdiction under Sections 152.201 through 152.203.  The order
 12-9    issued in this state remains in effect until an order is obtained
12-10    from the other state within the period specified or the period
12-11    expires.
12-12          (d)  A court of this state which has been asked to make a
12-13    child custody determination under this section, upon being informed
12-14    that a child custody proceeding has been commenced in or a child
12-15    custody determination has been made by a court of a state having
12-16    jurisdiction under Sections 152.201 through 152.203, shall
12-17    immediately communicate with the other court.  A court of this
12-18    state which is exercising jurisdiction pursuant to Sections 152.201
12-19    through 152.203, upon being informed that a child custody
12-20    proceeding has been commenced in or a child custody determination
12-21    has been made by a court of another state under a statute similar
12-22    to this section shall immediately communicate with the court of
12-23    that state to resolve the emergency, protect the safety of the
12-24    parties and the child, and determine a period for the duration of
12-25    the temporary order.
12-26          Sec. 152.205.  NOTICE; OPPORTUNITY TO BE HEARD; JOINDER.  (a)
12-27    Before a child custody determination is made under this chapter,
 13-1    notice and an opportunity to be heard in accordance with the
 13-2    standards of Section 152.108 must be given to all persons entitled
 13-3    to notice under the law of this state as in child custody
 13-4    proceedings between residents of this state, any parent whose
 13-5    parental rights have not been previously terminated, and any person
 13-6    having physical custody of the child.
 13-7          (b)  This chapter does not govern the enforceability of a
 13-8    child custody determination made without notice or an opportunity
 13-9    to be heard.
13-10          (c)  The obligation to join a party and the right to
13-11    intervene as a party in a child custody proceeding under this
13-12    chapter are governed by the law of this state as in child custody
13-13    proceedings between residents of this state.
13-14          Sec. 152.206.  SIMULTANEOUS PROCEEDINGS.  (a)  Except as
13-15    otherwise provided in Section 152.204, a court of this state may
13-16    not exercise its jurisdiction under this subchapter if, at the time
13-17    of the commencement of the proceeding, a proceeding concerning the
13-18    custody of the child has been commenced in a court of another state
13-19    having jurisdiction substantially in conformity with this chapter,
13-20    unless the proceeding has been terminated or is stayed by the court
13-21    of the other state because a court of this state is a more
13-22    convenient forum under Section 152.207.
13-23          (b)  Except as otherwise provided in Section 152.204, a court
13-24    of this state, before hearing a child custody proceeding, shall
13-25    examine the court documents and other information supplied by the
13-26    parties pursuant to Section 152.209.  If the court determines that
13-27    a child custody proceeding has been commenced in a court in another
 14-1    state having jurisdiction substantially in accordance with this
 14-2    chapter, the court of this state shall stay its proceeding and
 14-3    communicate with the court of the other state.  If the court of the
 14-4    state having jurisdiction substantially in accordance with this
 14-5    chapter does not determine that the court of this state is a more
 14-6    appropriate forum, the court of this state shall dismiss the
 14-7    proceeding.
 14-8          (c)  In a proceeding to modify a child custody determination,
 14-9    a court of this state shall determine whether a proceeding to
14-10    enforce the determination has been commenced in another state.  If
14-11    a proceeding to enforce a child custody determination has been
14-12    commenced in another state, the court may:
14-13                (1)  stay the proceeding for modification pending the
14-14    entry of an order of a court of the other state enforcing, staying,
14-15    denying, or dismissing the proceeding for enforcement;
14-16                (2)  enjoin the parties from continuing with the
14-17    proceeding for enforcement; or
14-18                (3)  proceed with the modification under conditions it
14-19    considers appropriate.
14-20          Sec. 152.207.  INCONVENIENT FORUM.  (a)  A court of this
14-21    state which has jurisdiction under this chapter to make a child
14-22    custody determination may decline to exercise its jurisdiction at
14-23    any time if it determines that it is an inconvenient forum under
14-24    the circumstances and that a court of another state is a more
14-25    appropriate forum.  The issue of inconvenient forum may be raised
14-26    upon motion of a party, the court's own motion, or request of
14-27    another court.
 15-1          (b)  Before determining whether it is an inconvenient forum,
 15-2    a court of this state shall consider whether it is appropriate for
 15-3    a court of another state to exercise jurisdiction.  For this
 15-4    purpose, the court shall allow the parties to submit information
 15-5    and shall consider all relevant factors, including:
 15-6                (1)  whether domestic violence has occurred and is
 15-7    likely to continue in the future and which state could best protect
 15-8    the parties and the child;
 15-9                (2)  the length of time the child has resided outside
15-10    this state;
15-11                (3)  the distance between the court in this state and
15-12    the court in the state that would assume jurisdiction;
15-13                (4)  the relative financial circumstances of the
15-14    parties;
15-15                (5)  any agreement of the parties as to which state
15-16    should assume jurisdiction;
15-17                (6)  the nature and location of the evidence required
15-18    to resolve the pending litigation, including testimony of the
15-19    child;
15-20                (7)  the ability of the court of each state to decide
15-21    the issue expeditiously and the procedures necessary to present the
15-22    evidence; and
15-23                (8)  the familiarity of the court of each state with
15-24    the facts and issues in the pending litigation.
15-25          (c)  If a court of this state determines that it is an
15-26    inconvenient forum and that a court of another state is a more
15-27    appropriate forum, the court shall stay the proceedings upon
 16-1    condition that a child custody proceeding be promptly commenced in
 16-2    another designated state and may impose any other condition the
 16-3    court considers just and proper.
 16-4          (d)  A court of this state may decline to exercise its
 16-5    jurisdiction under this chapter if a child custody determination is
 16-6    incidental to an action for divorce or another proceeding while
 16-7    still retaining jurisdiction over the divorce or other proceeding.
 16-8          Sec. 152.208.  JURISDICTION DECLINED BY REASON OF CONDUCT.
 16-9    (a)  Except as otherwise provided in Section 152.204 or other law
16-10    of this state, if a court of this state has jurisdiction under this
16-11    chapter because a person seeking to invoke its jurisdiction has
16-12    engaged in unjustifiable conduct, the court shall decline to
16-13    exercise its jurisdiction unless:
16-14                (1)  the parents and all persons acting as parents have
16-15    acquiesced in the exercise of jurisdiction;
16-16                (2)  a court of the state otherwise having jurisdiction
16-17    under Sections 152.201 through 152.203 determines that this state
16-18    is a more appropriate forum under Section 152.207; or
16-19                (3)  no court of any other state would have
16-20    jurisdiction under the criteria specified in Sections 152.201
16-21    through 152.203.
16-22          (b)  If a court of this state declines to exercise its
16-23    jurisdiction pursuant to Subsection (a), it may fashion an
16-24    appropriate remedy to ensure the safety of the child and prevent a
16-25    repetition of the unjustifiable conduct, including staying the
16-26    proceeding until a child custody proceeding is commenced in a court
16-27    having jurisdiction under Sections 152.201 through 152.203.
 17-1          (c)  If a court dismisses a petition or stays a proceeding
 17-2    because it declines to exercise its jurisdiction pursuant to
 17-3    Subsection (a), it shall assess against the party seeking to invoke
 17-4    its jurisdiction necessary and reasonable expenses including costs,
 17-5    communication expenses, attorney's fees, investigative fees,
 17-6    expenses for witnesses, travel expenses, and child care during the
 17-7    course of the proceedings, unless the party from whom fees are
 17-8    sought establishes that the assessment would be clearly
 17-9    inappropriate.  The court may not assess fees, costs, or expenses
17-10    against this state unless authorized by law other than this
17-11    chapter.
17-12          Sec. 152.209.  INFORMATION TO BE SUBMITTED TO COURT.  (a)
17-13    Subject to local law providing for the confidentiality of
17-14    procedures, addresses, and other identifying information, in a
17-15    child custody proceeding, each party, in its first pleading or in
17-16    an attached affidavit, shall give information, if reasonably
17-17    ascertainable, under oath as to the child's present address or
17-18    whereabouts, the places where the child has lived during the last
17-19    five years, and the names and present addresses of the persons with
17-20    whom the child has lived during that period.  The pleading or
17-21    affidavit must state whether the party:
17-22                (1)  has participated, as a party or witness or in any
17-23    other capacity, in any other proceeding concerning the custody of
17-24    or visitation with the child and, if so, identify the court, the
17-25    case number, and the date of the child custody determination, if
17-26    any;
17-27                (2)  knows of any proceeding that could affect the
 18-1    current proceeding, including proceedings for enforcement and
 18-2    proceedings relating to domestic violence, protective orders,
 18-3    termination of parental rights, and adoptions and, if so, identify
 18-4    the court, the case number, and the nature of the proceeding; and
 18-5                (3)  knows the names and addresses of any person not a
 18-6    party to the proceeding who has physical custody of the child or
 18-7    claims rights of legal custody or physical custody of, or
 18-8    visitation with, the child and, if so, the names and addresses of
 18-9    those persons.
18-10          (b)  If the information required by Subsection (a) is not
18-11    furnished, the court, upon motion of a party or its own motion, may
18-12    stay the proceeding until the information is furnished.
18-13          (c)  If the declaration as to any of the items described in
18-14    Subsections (a)(1) through (3) is in the affirmative, the declarant
18-15    shall give additional information under oath as required by the
18-16    court.  The court may examine the parties under oath as to details
18-17    of the information furnished and other matters pertinent to the
18-18    court's jurisdiction and the disposition of the case.
18-19          (d)  Each party has a continuing duty to inform the court of
18-20    any proceeding in this or any other state that could affect the
18-21    current proceeding.
18-22          (e)  If a party alleges in an affidavit or a pleading under
18-23    oath that the health, safety, or liberty of a party or child would
18-24    be jeopardized by disclosure of identifying information, the
18-25    information must be sealed and may not be disclosed to the other
18-26    party or the public unless the court orders the disclosure to be
18-27    made after a hearing in which the court takes into consideration
 19-1    the health, safety, or liberty of the party or child and determines
 19-2    that the disclosure is in the interest of justice.
 19-3          Sec. 152.210.  APPEARANCE OF PARTIES AND CHILD.  (a)  In a
 19-4    child custody proceeding in this state, the court may order a party
 19-5    to the proceeding who is in this state to appear before the court
 19-6    in person with or without the child.  The court may order any
 19-7    person who is in this state and who has physical custody or control
 19-8    of the child to appear in person with the child.
 19-9          (b)  If a party to a child custody proceeding whose presence
19-10    is desired by the court is outside this state, the court may order
19-11    that a notice given pursuant to Section 152.108 include a statement
19-12    directing the party to appear in person with or without the child
19-13    and informing the party that failure to appear may result in a
19-14    decision adverse to the party.
19-15          (c)  The court may enter any orders necessary to ensure the
19-16    safety of the child and of any person ordered to appear under this
19-17    section.
19-18          (d)  If a party to a child custody proceeding who is outside
19-19    this state is directed to appear under Subsection (b) or desires to
19-20    appear personally before the court with or without the child, the
19-21    court may require another party to pay reasonable and necessary
19-22    travel and other expenses of the party so appearing and of the
19-23    child.
19-24             (Sections 152.211-152.300 reserved for expansion
19-25                        SUBCHAPTER D.  ENFORCEMENT
19-26          Sec. 152.301.  DEFINITIONS.  In this subchapter:
19-27                (1)  "Petitioner" means a person who seeks enforcement
 20-1    of an order for return of a child under the Hague Convention on the
 20-2    Civil Aspects of International Child Abduction or enforcement of a
 20-3    child custody determination.
 20-4                (2)  "Respondent" means a person against whom a
 20-5    proceeding has been commenced for enforcement of an order for
 20-6    return of a child under the Hague Convention on the Civil Aspects
 20-7    of International Child Abduction or enforcement of a child custody
 20-8    determination.
 20-9          Sec. 152.302.  ENFORCEMENT UNDER HAGUE CONVENTION.  Under
20-10    this subchapter a court of this state may enforce an order for the
20-11    return of the child made under the Hague Convention on the Civil
20-12    Aspects of International Child Abduction as if it were a child
20-13    custody determination.
20-14          Sec. 152.303.  DUTY TO ENFORCE.  (a)  A court of this state
20-15    shall recognize and enforce a child custody determination of a
20-16    court of another state if the latter court exercised jurisdiction
20-17    in substantial conformity with this chapter or the determination
20-18    was made under factual circumstances meeting the jurisdictional
20-19    standards of this chapter and the determination has not been
20-20    modified in accordance with this chapter.
20-21          (b)  A court of this state may utilize any remedy available
20-22    under other law of this state to enforce a child custody
20-23    determination made by a court of another state.  The remedies
20-24    provided in this subchapter are cumulative and do not affect the
20-25    availability of other remedies to enforce a child custody
20-26    determination.
20-27          Sec. 152.304.  TEMPORARY VISITATION.  (a)  A court of this
 21-1    state which does not have jurisdiction to modify a child custody
 21-2    determination may issue a temporary order enforcing:
 21-3                (1)  a visitation schedule made by a court of another
 21-4    state; or
 21-5                (2)  the visitation provisions of a child custody
 21-6    determination of another state that does not provide for a specific
 21-7    visitation schedule.
 21-8          (b)  If a court of this state makes an order under Subsection
 21-9    (a)(2), the court shall specify in the order a period that it
21-10    considers adequate to allow the petitioner to obtain an order from
21-11    a court having jurisdiction under the criteria specified in
21-12    Subchapter C.  The order remains in effect until an order is
21-13    obtained from the other court or the period expires.
21-14          Sec. 152.305.  REGISTRATION OF CHILD CUSTODY DETERMINATION.
21-15    (a)  A child custody determination issued by a court of another
21-16    state may be registered in this state, with or without a
21-17    simultaneous request for enforcement, by sending to the appropriate
21-18    court in this state:
21-19                (1)  a letter or other document requesting
21-20    registration;
21-21                (2)  two copies, including one certified copy, of the
21-22    determination sought to be registered and a statement under penalty
21-23    of perjury that to the best of the knowledge and belief of the
21-24    person seeking registration the order has not been modified; and
21-25                (3)  except as otherwise provided in Section 152.209,
21-26    the name and address of the person seeking registration and any
21-27    parent or person acting as a parent who has been awarded custody or
 22-1    visitation in the child custody determination sought to be
 22-2    registered.
 22-3          (b)  On receipt of the documents required by Subsection (a),
 22-4    the registering court shall:
 22-5                (1)  cause the determination to be filed as a foreign
 22-6    judgment, together with one copy of any accompanying documents and
 22-7    information, regardless of their form; and
 22-8                (2)  serve notice upon the persons named pursuant to
 22-9    Subsection (a)(3) and provide them with an opportunity to contest
22-10    the registration in accordance with this section.
22-11          (c)  The notice required by Subsection (b)(2) must state
22-12    that:
22-13                (1)  a registered determination is enforceable as of
22-14    the date of the registration in the same manner as a determination
22-15    issued by a court of this state;
22-16                (2)  a hearing to contest the validity of the
22-17    registered determination must be requested within 20 days after
22-18    service of notice; and
22-19                (3)  failure to contest the registration will result in
22-20    confirmation of the child custody determination and preclude
22-21    further contest of that determination with respect to any matter
22-22    that could have been asserted.
22-23          (d)  A person seeking to contest the validity of a registered
22-24    order must request a hearing within 20 days after service of the
22-25    notice.  At that hearing, the court shall confirm the registered
22-26    order unless the person contesting registration establishes that:
22-27                (1)  the issuing court did not have jurisdiction under
 23-1    Subchapter C;
 23-2                (2)  the child custody determination sought to be
 23-3    registered has been vacated, stayed, or modified by a court having
 23-4    jurisdiction to do so under Subchapter C; or
 23-5                (3)  the person contesting registration was entitled to
 23-6    notice, but notice was not given in accordance with the standards
 23-7    of Section 152.108, in the proceedings before the court that issued
 23-8    the order for which registration is sought.
 23-9          (e)  If a timely request for a hearing to contest the
23-10    validity of the registration is not made, the registration is
23-11    confirmed as a matter of law and the person requesting registration
23-12    and all persons served must be notified of the confirmation.
23-13          (f)  Confirmation of a registered order, whether by operation
23-14    of law or after notice and hearing, precludes further contest of
23-15    the order with respect to any matter that could have been asserted
23-16    at the time of registration.
23-17          Sec. 152.306.  ENFORCEMENT OF REGISTERED DETERMINATION.  (a)
23-18    A court of this state may grant any relief normally available under
23-19    the law of this state to enforce a registered child custody
23-20    determination made by a court of another state.
23-21          (b)  A court of this state shall recognize and enforce, but
23-22    may not modify, except in accordance with Subchapter C, a
23-23    registered child custody determination of a court of another state.
23-24          Sec. 152.307.  SIMULTANEOUS PROCEEDINGS.  If a proceeding for
23-25    enforcement under this subchapter is commenced in a court of this
23-26    state and the court determines that a proceeding to modify the
23-27    determination is pending in a court of another state having
 24-1    jurisdiction to modify the determination under Subchapter C, the
 24-2    enforcing court shall immediately communicate with the modifying
 24-3    court. The proceeding for enforcement continues unless the
 24-4    enforcing court, after consultation with the modifying court, stays
 24-5    or dismisses the proceeding.
 24-6          Sec. 152.308.  EXPEDITED ENFORCEMENT OF CHILD CUSTODY
 24-7    DETERMINATION.  (a)  A petition under this subchapter must be
 24-8    verified.  Certified copies of all orders sought to be enforced and
 24-9    of any order confirming registration must be attached to the
24-10    petition.  A copy of a certified copy of an order may be attached
24-11    instead of the original.
24-12          (b)  A petition for enforcement of a child custody
24-13    determination must state:
24-14                (1)  whether the court that issued the determination
24-15    identified the jurisdictional basis it relied upon in exercising
24-16    jurisdiction and, if so, what the basis was;
24-17                (2)  whether the determination for which enforcement is
24-18    sought has been vacated, stayed, or modified by a court whose
24-19    decision must be enforced under this chapter and, if so, identify
24-20    the court, the case number, and the nature of the proceeding;
24-21                (3)  whether any proceeding has been commenced that
24-22    could affect the current proceeding, including proceedings relating
24-23    to domestic violence, protective orders, termination of parental
24-24    rights, and adoptions and, if so, identify the court, the case
24-25    number, and the nature of the proceeding;
24-26                (4)  the present physical address of the child and the
24-27    respondent, if known;
 25-1                (5)  whether relief in addition to the immediate
 25-2    physical custody of the child and attorney's fees is sought,
 25-3    including a request for assistance from law enforcement officials
 25-4    and, if so, the relief sought; and
 25-5                (6)  if the child custody determination has been
 25-6    registered and confirmed under Section 152.305, the date and place
 25-7    of registration.
 25-8          (c)  Upon the filing of a petition, the court shall issue an
 25-9    order directing the respondent to appear in person with or without
25-10    the child at a hearing and may enter any order necessary to ensure
25-11    the safety of the parties and the child.  The hearing must be held
25-12    on the next judicial day after service of the order unless that
25-13    date is impossible.  In that event, the court shall hold the
25-14    hearing on the first judicial day possible.  The court may extend
25-15    the date of hearing at the request of the petitioner.
25-16          (d)  An order issued under Subsection (c) must state the time
25-17    and place of the hearing and advise the respondent that at the
25-18    hearing the court will award the petitioner immediate physical
25-19    custody of the child and order the payment of fees, costs, and
25-20    expenses under Section 152.312, and may schedule a hearing to
25-21    determine whether further relief is appropriate, unless the
25-22    respondent appears and establishes that:
25-23                (1)  the child custody determination has not been
25-24    registered and confirmed under Section 152.305 and that:
25-25                      (A)  the issuing court did not have jurisdiction
25-26    under Subchapter C;
25-27                      (B)  the child custody determination for which
 26-1    enforcement is sought has been vacated, stayed, or modified by a
 26-2    court having jurisdiction to do so under Subchapter C; or
 26-3                      (C)  the respondent was entitled to notice, but
 26-4    notice was not given in accordance with the standards of Section
 26-5    152.108, in the proceedings before the court that issued the order
 26-6    for which enforcement is sought; or
 26-7                (2)  the child custody determination for which
 26-8    enforcement is sought was registered and confirmed under Section
 26-9    152.305, but has been vacated, stayed, or modified by a court of a
26-10    state having jurisdiction to do so under Subchapter C.
26-11          Sec. 152.309.  SERVICE OF PETITION AND ORDER.  Except as
26-12    otherwise provided in Section 152.311, the petition and order must
26-13    be served, by any method authorized by the law of this state, upon
26-14    the respondent and any person who has physical custody of the
26-15    child.
26-16          Sec. 152.310.  HEARING AND ORDER.  (a)  Unless the court
26-17    issues a temporary emergency order pursuant to Section 152.204,
26-18    upon a finding that a petitioner is entitled to immediate physical
26-19    custody of the child, the court shall order that the petitioner may
26-20    take immediate physical custody of the child unless the respondent
26-21    establishes that:
26-22                (1)  the child custody determination has not been
26-23    registered and confirmed under Section 152.305 and that:
26-24                      (A)  the issuing court did not have jurisdiction
26-25    under Subchapter C;
26-26                      (B)  the child custody determination for which
26-27    enforcement is sought has been vacated, stayed, or modified by a
 27-1    court of a state having jurisdiction to do so under Subchapter C;
 27-2    or
 27-3                      (C)  the respondent was entitled to notice, but
 27-4    notice was not given in accordance with the standards of Section
 27-5    152.108, in the proceedings before the court that issued the order
 27-6    for which enforcement is sought; or
 27-7                (2)  the child custody determination for which
 27-8    enforcement is sought was registered and confirmed under Section
 27-9    152.305 but has been vacated, stayed, or modified by a court of a
27-10    state having jurisdiction to do so under Subchapter C.
27-11          (b)  The court shall award the fees, costs, and expenses
27-12    authorized under Section 152.312 and may grant additional relief,
27-13    including a request for the assistance of law enforcement
27-14    officials, and set a further hearing to determine whether
27-15    additional relief is appropriate.
27-16          (c)  If a party called to testify refuses to answer on the
27-17    ground that the testimony may be self-incriminating, the court may
27-18    draw an adverse inference from the refusal.
27-19          (d)  A privilege against disclosure of communications between
27-20    spouses and a defense of immunity based on the relationship of
27-21    husband and wife or parent and child may not be invoked in a
27-22    proceeding under this subchapter.
27-23          Sec. 152.311.  WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.
27-24    (a)  Upon the filing of a petition seeking enforcement of a child
27-25    custody determination, the petitioner may file a verified
27-26    application for the issuance of a warrant to take physical custody
27-27    of the child if the child is imminently likely to suffer serious
 28-1    physical harm or be removed from this state.
 28-2          (b)  If the court, upon the testimony of the petitioner or
 28-3    other witness, finds that the child is imminently likely to suffer
 28-4    serious  physical harm or be removed from this state, it may issue
 28-5    a warrant to take physical custody of the child.  The petition must
 28-6    be heard on the next judicial day after the warrant is executed
 28-7    unless that date is impossible.  In that event, the court shall
 28-8    hold the hearing on the first judicial day possible.  The
 28-9    application for the warrant must include the statements required by
28-10    Section 152.308(b).
28-11          (c)  A warrant to take physical custody of a child must:
28-12                (1)  recite the facts upon which a conclusion of
28-13    imminent serious physical harm or removal from the jurisdiction is
28-14    based;
28-15                (2)  direct law enforcement officers to take physical
28-16    custody of the child immediately; and
28-17                (3)  provide for the placement of the child pending
28-18    final relief.
28-19          (d)  The respondent must be served with the petition,
28-20    warrant, and order immediately after the child is taken into
28-21    physical custody.
28-22          (e)  A warrant to take physical custody of a child is
28-23    enforceable throughout this state.  If the court finds on the basis
28-24    of the testimony of the petitioner or other witness that a less
28-25    intrusive remedy is not effective, it may authorize law enforcement
28-26    officers to enter private property to take physical custody of the
28-27    child.  If required by exigent circumstances of the case, the court
 29-1    may authorize law enforcement officers to make a forcible entry at
 29-2    any hour.
 29-3          (f)  The court may impose conditions upon placement of a
 29-4    child to ensure the appearance of the child and the child's
 29-5    custodian.
 29-6          Sec. 152.312.  COSTS, FEES, AND EXPENSES.  (a)  The court
 29-7    shall award the prevailing party, including a state, necessary and
 29-8    reasonable expenses incurred by or on behalf of the party,
 29-9    including costs, communication expenses, attorney's fees,
29-10    investigative fees, expenses for witnesses, travel expenses, and
29-11    child care during the course of the proceedings, unless the party
29-12    from whom fees or expenses are sought establishes that the award
29-13    would be clearly inappropriate.
29-14          (b)  The court may not assess fees, costs, or expenses
29-15    against a state unless authorized by law other than this chapter.
29-16          Sec. 152.313.  RECOGNITION AND ENFORCEMENT.  A court of this
29-17    state shall accord full faith and credit to an order issued by
29-18    another state and consistent with this chapter which enforces a
29-19    child custody determination by a court of another state unless the
29-20    order has been vacated, stayed, or modified by a court having
29-21    jurisdiction to do so under Subchapter C.
29-22          Sec. 152.314.  APPEALS.  An appeal may be taken from a final
29-23    order in a proceeding under this subchapter in accordance with
29-24    expedited appellate procedures in other civil cases.  Unless the
29-25    court enters a temporary emergency order under Section 152.204, the
29-26    enforcing court may not stay an order enforcing a child custody
29-27    determination pending appeal.
 30-1          Sec. 152.315.  ROLE OF PROSECUTOR OR PUBLIC OFFICIAL.  (a)
 30-2    In a case arising under this chapter or involving the Hague
 30-3    Convention on the Civil Aspects of International Child Abduction,
 30-4    the prosecutor or other appropriate public official may take any
 30-5    lawful action, including resort to a proceeding under this
 30-6    subchapter or any other available civil proceeding to locate a
 30-7    child, obtain the return of a child, or enforce a child custody
 30-8    determination if there is:
 30-9                (1)  an existing child custody determination;
30-10                (2)  a request to do so from a court in a pending child
30-11    custody proceeding;
30-12                (3)  a reasonable belief that a criminal statute has
30-13    been violated; or
30-14                (4)  a reasonable belief that the child has been
30-15    wrongfully removed or retained in violation of the Hague Convention
30-16    on the Civil Aspects of International Child Abduction.
30-17          (b)  A prosecutor or appropriate public official acting under
30-18    this section acts on behalf of the court and may not represent any
30-19    party.
30-20          Sec. 152.316.  ROLE OF LAW ENFORCEMENT.  At the request of a
30-21    prosecutor or other appropriate public official acting under
30-22    Section 152.315, a law enforcement officer may take any lawful
30-23    action reasonably necessary to locate a child or a party and assist
30-24    a prosecutor or appropriate public official with responsibilities
30-25    under Section 152.315.
30-26          Sec. 152.317.  COSTS AND EXPENSES.  If the respondent is not
30-27    the prevailing party, the court may assess against the respondent
 31-1    all direct expenses and costs incurred by the prosecutor or other
 31-2    appropriate public official and law enforcement officers under
 31-3    Section 152.315 or 152.316.
 31-4             (Sections 152.318-152.400 reserved for expansion
 31-5          [Sec. 152.001.  PURPOSES; CONSTRUCTION OF PROVISIONS.  (a)
 31-6    The general purposes of this chapter are to:]
 31-7                [(1)  avoid jurisdictional competition and conflict
 31-8    with courts of other states in matters of child custody that have
 31-9    in the past resulted in the shifting of children from state to
31-10    state with harmful effects on their well-being;]
31-11                [(2)  promote cooperation with the courts of other
31-12    states to the end that a custody decree is rendered in the state
31-13    that can best decide the case in the interest of the child;]
31-14                [(3)  ensure that litigation concerning the custody of
31-15    a child takes place ordinarily in the state with which the child
31-16    and the child's family have the closest connection and where
31-17    significant evidence concerning the child's care, protection,
31-18    training, and personal relationships is most readily available, and
31-19    that courts of this state decline the exercise of jurisdiction when
31-20    the child and the child's family have a closer connection with
31-21    another state;]
31-22                [(4)  discourage continuing controversies over child
31-23    custody in the interest of greater stability of home environment
31-24    and of secure family relationships for the child;]
31-25                [(5)  deter abductions and other unilateral removals of
31-26    children undertaken to obtain custody awards;]
31-27                [(6)  avoid relitigation of custody decisions of other
 32-1    states in this state insofar as is feasible;]
 32-2                [(7)  facilitate the enforcement of custody decrees of
 32-3    other states;]
 32-4                [(8)  promote and expand the exchange of information
 32-5    and other forms of mutual assistance between the courts of this
 32-6    state and those of other states concerned with the same child; and]
 32-7                [(9)  make uniform the law of those states that enact
 32-8    it.]
 32-9          [(b)  This chapter shall be construed to promote the general
32-10    purposes stated in this section.]
32-11          [Sec. 152.002.  DEFINITIONS.  In this chapter:]
32-12                [(1)  "Contestant" means a person, including a parent,
32-13    who claims a right to custody or visitation rights with respect to
32-14    a child.]
32-15                [(2)  "Custody" means managing conservatorship of a
32-16    child.]
32-17                [(3)  "Custody determination" means a court decision
32-18    and court orders and instructions providing for the custody of a
32-19    child, including visitation rights, but does not include a decision
32-20    relating to child support or any other monetary obligation of any
32-21    person.]
32-22                [(4)  "Custody proceeding" includes a proceeding in
32-23    which a custody determination is one of several issues, such as an
32-24    action for divorce or separation, and includes child neglect and
32-25    dependency proceedings.]
32-26                [(5)  "Decree" or "custody decree" means a custody
32-27    determination contained in a judicial decree or order made in a
 33-1    custody proceeding and includes an initial decree and a
 33-2    modification decree.]
 33-3                [(6)  "Home state" means the state in which the child,
 33-4    preceding the time involved, lived with the child's parents, a
 33-5    parent, or a person acting as parent for at least six consecutive
 33-6    months and, in the case of a child less than six months old, the
 33-7    state in which the child lived from birth with any of the persons
 33-8    mentioned.  Periods of temporary absence of any of the named
 33-9    persons are counted as part of the six-month or other period.]
33-10                [(7)  "Initial decree" means the first custody decree
33-11    concerning a particular child.]
33-12                [(8)  "Modification decree" means a custody decree that
33-13    modifies or replaces a prior decree, whether made by the court that
33-14    rendered the prior decree or by another court.]
33-15                [(9)  "Physical custody" means actual possession and
33-16    control of a child.]
33-17                [(10)  "Person acting as parent" means a person, other
33-18    than a parent, who has physical custody of a child and who either
33-19    has been awarded custody by a court or claims a right to custody.]
33-20                [(11)  "Visitation" means possession of or access to a
33-21    child.]
33-22          [Sec. 152.003.  JURISDICTION.  (a)  A court of this state
33-23    that is competent to decide child custody matters has jurisdiction
33-24    to make a child custody determination by initial decree or
33-25    modification decree or order if:]
33-26                [(1)  this state:]
33-27                      [(A)  is the home state of the child on the date
 34-1    of the commencement of the proceeding; or]
 34-2                      [(B)  had been the child's home state within six
 34-3    months before the date of the commencement of the proceeding and
 34-4    the child is absent from this state because of the child's  removal
 34-5    or retention by a person claiming the child's custody or for other
 34-6    reasons, and a parent or person acting as parent continues to live
 34-7    in this state;]
 34-8                [(2)  it appears that no other state would have
 34-9    jurisdiction under Subdivision (1) and it is in the best interest
34-10    of the child that a court of this state assume jurisdiction
34-11    because:]
34-12                      [(A)  the child and the child's parents or the
34-13    child and at least one contestant have a significant connection
34-14    with this state other than mere physical presence in this state;
34-15    and]
34-16                      [(B)  there is available in this state
34-17    substantial evidence concerning the child's present or future care,
34-18    protection, training, and personal relationships;]
34-19                [(3)  the child is physically present in this state
34-20    and:]
34-21                      [(A)  the child has been abandoned; or]
34-22                      [(B)  it is necessary in an emergency to protect
34-23    the child because the child has been subjected to or threatened
34-24    with mistreatment or abuse or is otherwise neglected or there is a
34-25    serious and immediate question concerning the welfare of the child;
34-26    or]
34-27                [(4)  it is in the best interest of the child that the
 35-1    court assume jurisdiction and:]
 35-2                      [(A)  it appears that no other state would have
 35-3    jurisdiction under prerequisites substantially in accordance with
 35-4    Subdivision (1), (2), or (3); or]
 35-5                      [(B)  another state has declined to exercise
 35-6    jurisdiction on the ground that this state is the more appropriate
 35-7    forum to determine the custody of the child.]
 35-8          [(b)  Except under Subsections (a)(3) and (4), physical
 35-9    presence in this state of the child or of the child and one of the
35-10    contestants is not alone sufficient to confer jurisdiction on a
35-11    court of this state to make a child custody determination.]
35-12          [(c)  Physical presence of the child, while desirable, is not
35-13    a prerequisite for jurisdiction to determine the child's custody.]
35-14          [(d)  Except on written agreement of all the parties, a court
35-15    may not exercise its continuing jurisdiction to modify custody if
35-16    the child and the party with custody have established another home
35-17    state unless the action to modify was filed before the new home
35-18    state was acquired.]
35-19          [(e)  A court that has jurisdiction of a suit under
35-20    Subsection (a)(3) for which a court in another state may exercise
35-21    jurisdiction under prerequisites substantially in accordance with
35-22    Subsection (a)(1) or (2) may enter only a temporary order to
35-23    protect the child.  The suit shall be dismissed in this state on
35-24    the date a court of competent jurisdiction in another state signs
35-25    an order in the suit or on the 91st day after the date the court in
35-26    this state exercised its jurisdiction, whichever date occurs first.
35-27    This subsection does not apply to a suit brought under Chapter 262.]
 36-1          [Sec. 152.004.  NOTICE AND OPPORTUNITY TO BE HEARD.  Before
 36-2    making a custody decree based on jurisdiction established under
 36-3    this chapter, reasonable notice and opportunity to be heard must be
 36-4    given to the contestants, to any parent whose parental rights have
 36-5    not been previously terminated, and to any person who has physical
 36-6    custody of the child.  If any of these persons is outside this
 36-7    state, notice and opportunity to be heard must be given as provided
 36-8    under Section 152.005.]
 36-9          [Sec. 152.005.  NOTICE TO PERSONS OUTSIDE THIS STATE;
36-10    SUBMISSION TO JURISDICTION.  (a)  Notice required for the exercise
36-11    of jurisdiction over a person outside this state must be given in a
36-12    manner reasonably calculated to give actual notice and may be
36-13    given:]
36-14                [(1)  by personal delivery outside this state in the
36-15    manner prescribed for service of process within this state;]
36-16                [(2)  in the manner prescribed by the law of the place
36-17    in  which the service is made for service of process in that place
36-18    in an action in any of its courts of general jurisdiction;]
36-19                [(3)  by any form of mail addressed to the person to be
36-20    served and requesting a receipt, subject to the requirements of the
36-21    Texas Rules of Civil Procedure; or]
36-22                [(4)  as directed by the court, including publication,
36-23    if other means of notification are ineffective, subject to the
36-24    requirements of the Texas Rules of Civil Procedure.]
36-25          [(b)  Notice under this section must be delivered, mailed, or
36-26    published with sufficient time to allow for filing of an answer
36-27    before any hearing in this state, in accordance with the Texas
 37-1    Rules of Civil Procedure applicable to the filing of an original
 37-2    lawsuit.  Each party whose rights, privileges, duties, or powers
 37-3    may be affected by the action is entitled to receive notice by
 37-4    citation and shall be commanded to appear by filing a written
 37-5    answer.  Thereafter, the proceedings shall be as in civil cases
 37-6    generally.]
 37-7          [(c)  Proof of service outside this state may be made by the
 37-8    affidavit of the individual who made the service or in the manner
 37-9    prescribed by the law of this state, by the order under which the
37-10    service is made, or by the law of the place in which the service is
37-11    made.  If service is made by mail, proof may be a receipt signed by
37-12    the addressee or other evidence of delivery to the addressee.]
37-13          [(d)  Notice is not required if a person submits to the
37-14    jurisdiction of the court.]
37-15          [Sec. 152.006.  SIMULTANEOUS PROCEEDINGS IN OTHER STATE.  (a)
37-16    A court of this state may not exercise its jurisdiction under this
37-17    chapter if, at the time of filing the petition, a proceeding
37-18    concerning the custody of the child was pending in a court of
37-19    another state exercising jurisdiction substantially in conformity
37-20    with this chapter, unless the proceeding is stayed by the court of
37-21    the other state because this state is a more appropriate forum or
37-22    for other reasons.]
37-23          [(b)  Before hearing the petition in a custody proceeding,
37-24    the court shall examine the pleadings and other information
37-25    supplied by the parties under Section 152.009 and shall consult the
37-26    child custody registry established under Section 152.016 concerning
37-27    the pendency of proceedings with respect to the child in other
 38-1    states.  If the court has reason to believe that proceedings may be
 38-2    pending in another state, it shall direct an inquiry to the state
 38-3    court administrator or other appropriate official of the other
 38-4    state.]
 38-5          [(c)  If the court is informed during the course of the
 38-6    proceeding that a proceeding concerning the custody of the child
 38-7    was pending in another state before the court assumed jurisdiction,
 38-8    it shall stay the proceeding and communicate with the court in
 38-9    which the other proceeding is pending to the end that the issue may
38-10    be litigated in the more appropriate forum and that information may
38-11    be exchanged in accordance with Sections 152.019-152.022.  If a
38-12    court of this state has made a custody decree before being informed
38-13    of a pending proceeding in a court of another state, it shall
38-14    immediately inform that court of the fact.  If the court is
38-15    informed that a proceeding was commenced in another state after it
38-16    assumed jurisdiction, it shall likewise inform the other court to
38-17    the end that the issues may be litigated in the more appropriate
38-18    forum.]
38-19          [Sec. 152.007.  INCONVENIENT FORUM.  (a)  A court that has
38-20    jurisdiction under this chapter to make an initial or modification
38-21    decree may decline to exercise its jurisdiction any time before
38-22    making a decree if it finds that it is an inconvenient forum to
38-23    make a custody determination under the circumstances of the case
38-24    and that a court of another state is a more appropriate forum.]
38-25          [(b)  A finding of inconvenient forum may be made on the
38-26    court's own motion or on the motion of a party or a guardian ad
38-27    litem or other representative of the child.]
 39-1          [(c)  In determining whether it is an inconvenient forum, the
 39-2    court shall consider whether it is in the best interest of the
 39-3    child that another state assume jurisdiction.  For this purpose,
 39-4    the court may take into account the following factors, among
 39-5    others:]
 39-6                [(1)  whether another state is or recently was the
 39-7    child's home state;]
 39-8                [(2)  whether another state has a closer connection
 39-9    with the child and the child's family or with the child and one or
39-10    more of the contestants;]
39-11                [(3)  whether substantial evidence concerning the
39-12    child's present or future care, protection, training, and personal
39-13    relationships is more readily available in another state;]
39-14                [(4)  whether the parties have agreed on another forum
39-15    that is no less appropriate; and]
39-16                [(5)  whether the exercise of jurisdiction by a court
39-17    of this state would contravene any of the purposes stated in
39-18    Section 152.001.]
39-19          [(d)  Before determining whether to decline or retain
39-20    jurisdiction, the court may communicate with a court of another
39-21    state and exchange information pertinent to the assumption of
39-22    jurisdiction by either court with a view to ensuring that
39-23    jurisdiction will be exercised by the more appropriate court and
39-24    that a forum will be available to the parties.]
39-25          [(e)  If the court finds that it is an inconvenient forum and
39-26    that a court of another state is a more appropriate forum, it may
39-27    dismiss the proceedings, or it may stay the proceedings on
 40-1    condition that a custody proceeding be promptly commenced in
 40-2    another named state or on any other condition that may be just and
 40-3    proper, including the condition that a moving party stipulate the
 40-4    party's consent and submission to the jurisdiction of the other
 40-5    forum.]
 40-6          [(f)  The court may decline to exercise its jurisdiction
 40-7    under this chapter if a custody determination is incidental to an
 40-8    action for divorce or another proceeding while retaining
 40-9    jurisdiction over the divorce or other proceeding.]
40-10          [(g)  If it appears to the court that it is clearly an
40-11    inappropriate forum, the court may require the party who commenced
40-12    the proceedings to pay, in addition to the costs of the proceedings
40-13    in this state, necessary travel and other expenses, including
40-14    attorney's fees, incurred by other parties or their witnesses.]
40-15          [(h)  On dismissal or stay of proceedings under this section,
40-16    the court shall inform the court found to be the more appropriate
40-17    forum of this fact or, if the court that would have jurisdiction in
40-18    the other state is not certainly known, shall transmit the
40-19    information to the court administrator or other appropriate
40-20    official for forwarding to the appropriate court.]
40-21          [(i)  Any communication received from another state informing
40-22    this state of a finding of inconvenient forum because a court of
40-23    this state is the more appropriate forum shall be filed in the
40-24    custody registry of the appropriate court. On assuming
40-25    jurisdiction, the court of this state shall inform the original
40-26    court of this fact.]
40-27          [Sec. 152.008.  JURISDICTION DECLINED BY REASON OF CONDUCT.
 41-1    (a)  If the petitioner for an initial decree has wrongfully taken
 41-2    the child from another state or has engaged in similar
 41-3    reprehensible conduct, the court may decline to exercise
 41-4    jurisdiction if just and proper under the circumstances.]
 41-5          [(b)  Unless required in the interest of the child, the court
 41-6    may not exercise its jurisdiction to modify a custody decree of
 41-7    another state if the petitioner, without consent of the person
 41-8    entitled to custody, has improperly removed the child from the
 41-9    physical custody of the person entitled to custody or has
41-10    improperly retained the child after a visit or other temporary
41-11    relinquishment of physical custody.  If the petitioner has violated
41-12    any other provision of a custody decree of another state, the court
41-13    may decline to exercise its jurisdiction if just and proper under
41-14    the circumstances.]
41-15          [(c)  In an appropriate case, a court dismissing a petition
41-16    under this section may charge the petitioner with necessary travel
41-17    and other expenses, including attorney's fees, incurred by other
41-18    parties or their witnesses.]
41-19          [Sec. 152.009.  INFORMATION UNDER OATH TO BE SUBMITTED TO THE
41-20    COURT.  (a)  Unless all the contestants are residing in this state,
41-21    every party in a custody proceeding in the party's first pleading
41-22    or in an affidavit attached to that pleading shall give information
41-23    under oath as to the child's present address, the places where the
41-24    child has lived within the last five years, and the names and
41-25    present addresses of the persons with whom the child has lived
41-26    during that period. In this pleading or affidavit every party shall
41-27    further declare under oath whether the party:]
 42-1                [(1)  has participated (as a party, as a witness, or in
 42-2    any other capacity) in any other litigation concerning the custody
 42-3    of the same child in this or any other state;]
 42-4                [(2)  has information of any proceeding concerning the
 42-5    child pending in a court of this or any other state; and]
 42-6                [(3)  knows of any person not a party to the
 42-7    proceedings who has physical custody of the child or claims to have
 42-8    custody or visitation rights with respect to the child.]
 42-9          [(b)  If the declaration as to any of the items in Subsection
42-10    (a) is in the affirmative, the declarant shall give additional
42-11    information under oath as required by the court.  The court may
42-12    examine the parties under oath as to details of the information
42-13    furnished and as to other matters pertinent to the court's
42-14    jurisdiction and the disposition of the case.]
42-15          [(c)  Each party has a continuing duty to inform the court of
42-16    any custody proceeding concerning the child in this or any other
42-17    state of which the party obtained information during the
42-18    proceeding.]
42-19          [Sec. 152.010.  ADDITIONAL PARTIES.  (a)  If the court learns
42-20    from information furnished by the parties under Section 152.009 or
42-21    from other sources that a person not a party to the custody
42-22    proceeding has physical custody of the child or claims to have
42-23    custody or visitation rights with respect to the child, it shall
42-24    order that the person:]
42-25                [(1)  be joined as a party; and]
42-26                [(2)  be notified of the pendency of the proceeding and
42-27    of the person's joinder as a party.]
 43-1          [(b)  If the person joined as a party is outside this state,
 43-2    the person must be served with process or otherwise notified in
 43-3    accordance with Section 152.005.]
 43-4          [Sec. 152.011.  APPEARANCE OF PARTIES AND CHILD.  (a)  The
 43-5    court may order any party to the proceeding who is in this state to
 43-6    appear personally before the court.  If that party has physical
 43-7    custody of the child, the court may order that the party appear
 43-8    personally with the child.]
 43-9          [(b)  If a party to the proceeding whose presence is desired
43-10    by the court is outside this state, with or without the child, the
43-11    court may order that the notice given under Section 152.005 include
43-12    a statement directing that party to appear personally, with or
43-13    without the child, and declaring that failure to appear may result
43-14    in a decision adverse to that party.]
43-15          [(c)  If a party to the proceeding who is outside this state
43-16    is directed to appear under Subsection (b) or desires to appear
43-17    personally before the court, with or without the child, the court
43-18    may require another party to pay to the clerk of the court travel
43-19    and other necessary expenses of the party appearing and of the
43-20    child if just and proper under the circumstances.]
43-21          [Sec. 152.012.  BINDING FORCE AND RES JUDICATA EFFECT OF
43-22    CUSTODY DECREE.  A custody decree of a court of this state that has
43-23    jurisdiction under Section 152.003 binds all parties who have been
43-24    served in this state or notified in accordance with Section 152.005
43-25    or who have submitted to the jurisdiction of the court and who have
43-26    been given an opportunity to be heard.  As to these parties, the
43-27    custody decree is conclusive as to all issues of law and fact
 44-1    decided and as to the custody determination made, unless and until
 44-2    that determination is modified.]
 44-3          [Sec. 152.013.  RECOGNITION OF OUT-OF-STATE CUSTODY DECREES.
 44-4    The courts of this state shall recognize and enforce an initial or
 44-5    modification decree of a court of another state that had assumed
 44-6    jurisdiction under statutory provisions substantially in accordance
 44-7    with this chapter or that was made under factual circumstances
 44-8    meeting the jurisdictional standards of this chapter, so long as
 44-9    the decree has not been modified in accordance with jurisdictional
44-10    standards substantially similar to those of this chapter.]
44-11          [Sec. 152.014.  MODIFICATION OF CUSTODY DECREE OF ANOTHER
44-12    STATE.  (a)  If a court of another state has made a custody decree,
44-13    a court of this state may not modify the decree unless:]
44-14                [(1)  it appears to the court of this state that the
44-15    court that rendered the decree does not have jurisdiction under
44-16    jurisdictional prerequisites substantially in accordance with this
44-17    chapter or has declined to assume jurisdiction to modify the
44-18    decree; and]
44-19                [(2)  the court of this state has jurisdiction.]
44-20          [(b)  If a court of this state is authorized under Subsection
44-21    (a) and Section 152.008 to modify a custody decree of another
44-22    state, it shall give due consideration to the transcript of the
44-23    record and other documents of all previous proceedings submitted to
44-24    it in accordance with Section 152.022.]
44-25          [Sec. 152.015.  FILING AND ENFORCEMENT OF CUSTODY DECREE OF
44-26    ANOTHER STATE.  (a)  On payment of proper fees, a certified copy of
44-27    a custody decree of another state may be filed in the office of the
 45-1    clerk of any district court or other appropriate court of this
 45-2    state. The clerk shall treat the decree in the same manner as a
 45-3    custody decree of a district court or other appropriate court of
 45-4    this state.  A custody decree filed under this section has the same
 45-5    effect and shall be enforced in the same manner as a custody decree
 45-6    rendered by a court of this state.]
 45-7          [(b)  A person whose violation of a custody decree of another
 45-8    state makes it necessary to enforce the decree in this state may be
 45-9    required to pay necessary travel and other expenses, including
45-10    attorney's fees, incurred by the party entitled to the custody or
45-11    the party's witnesses.]
45-12          [Sec. 152.016.  REGISTRY OF OUT-OF-STATE CUSTODY DECREES AND
45-13    PROCEEDINGS.  The clerk of each district court or other appropriate
45-14    court shall maintain a registry in which the clerk shall enter:]
45-15                [(1)  certified copies of custody decrees of other
45-16    states received for filing;]
45-17                [(2)  communications as to the pendency of custody
45-18    proceedings in other states;]
45-19                [(3)  communications concerning a finding of
45-20    inconvenient forum by a court of another state; and]
45-21                [(4)  other communications or documents concerning
45-22    custody proceedings in another state that may affect the
45-23    jurisdiction of a court of this state or the disposition to be made
45-24    by it in a custody proceeding.]
45-25          [Sec. 152.017.  CERTIFIED COPIES OF CUSTODY DECREE.  The
45-26    clerk of the district court or other appropriate court of this
45-27    state, at the request of the court of another state or at the
 46-1    request of a person who is affected by or has a legitimate interest
 46-2    in a custody decree, shall, on payment of proper fees, certify and
 46-3    forward a copy of the decree to that court or person.]
 46-4          [Sec. 152.018.  TAKING TESTIMONY IN ANOTHER STATE.  In
 46-5    addition to other procedural devices available to a party, a party
 46-6    to the proceeding or a guardian ad litem or other representative of
 46-7    the child may adduce testimony of witnesses, including parties and
 46-8    the child, by deposition or otherwise, in another state.  The court
 46-9    on its own motion may direct that the testimony of a person be
46-10    taken in another state and may prescribe the manner in which and
46-11    the terms on which the testimony shall be taken.]
46-12          [Sec. 152.019.  HEARINGS AND STUDIES IN ANOTHER STATE; ORDERS
46-13    TO APPEAR.  (a)  A court of this state may request the appropriate
46-14    court of another state to hold a hearing to adduce evidence, to
46-15    order a party to produce or give evidence under other procedures of
46-16    that state, to have social studies made with respect to the custody
46-17    of a child involved in proceedings pending in the court of this
46-18    state, and to forward to the court of this state certified copies
46-19    of the transcript of the record of the hearing, the evidence
46-20    otherwise adduced, or any social studies prepared in compliance
46-21    with the request.  The cost of the services may be assessed against
46-22    the parties or, if necessary, ordered paid by the state as costs of
46-23    court.]
46-24          [(b)  A court of this state may request the appropriate court
46-25    of another state to order a party to custody proceedings pending in
46-26    the court of this state to appear in the proceedings and, if that
46-27    party has physical custody of the child, to appear with the child.
 47-1    The request may state that travel and other necessary expenses of
 47-2    the party and of the child whose appearance is desired will be
 47-3    assessed against another party or will otherwise be paid.]
 47-4          [Sec. 152.020.  ASSISTANCE TO COURTS OF OTHER STATES.  (a)
 47-5    On request of the court of another state, the courts of this state
 47-6    that are competent to hear custody matters may order a person in
 47-7    this state to appear at a hearing to adduce evidence or to produce
 47-8    or give evidence under other procedures available in this state or
 47-9    may order social studies to be made for use in a custody proceeding
47-10    in another state.  A certified copy of the transcript of the record
47-11    of the hearing or the evidence otherwise adduced and any social
47-12    studies prepared shall be forwarded by the clerk of the court to
47-13    the requesting court.]
47-14          [(b)  A person in this state may voluntarily give the
47-15    person's testimony or statement in this state for use in a custody
47-16    proceeding outside this state.]
47-17          [(c)  On request of the court of another state, a competent
47-18    court of this state may order a person in this state to appear
47-19    alone or with the child in a custody proceeding in another state.
47-20    The court may condition compliance with the request on assurance by
47-21    the other state that state travel and other necessary expenses will
47-22    be advanced or reimbursed.]
47-23          [Sec. 152.021.  PRESERVATION OF DOCUMENTS FOR USE IN OTHER
47-24    STATES.  In a custody proceeding in this state, the court shall
47-25    preserve the pleadings, orders, and decrees, a record that has been
47-26    made of its hearings, social studies, and other pertinent documents
47-27    until the child reaches 18 years of age or in accordance with the
 48-1    law of this state.  On appropriate request of the court of another
 48-2    state and payment of proper fees, the court shall forward to the
 48-3    other court certified copies of the documents.]
 48-4          [Sec. 152.022.  REQUEST FOR COURT RECORDS OF ANOTHER STATE.
 48-5    If a custody decree has been rendered in another state concerning a
 48-6    child involved in a custody proceeding pending in a court of this
 48-7    state, the court of this state on taking jurisdiction of the case
 48-8    may request of the court of the other state a certified copy of the
 48-9    transcript of a court record and other documents listed in Section
48-10    152.021.]
48-11          [Sec. 152.023.  INTERNATIONAL APPLICATION.  The general
48-12    policies of this chapter extend to the international area.  The
48-13    provisions of this chapter relating to the recognition and
48-14    enforcement of custody decrees of other states apply to custody
48-15    decrees and decrees involving legal institutions similar in nature
48-16    to custody institutions rendered by appropriate authorities of
48-17    other nations if reasonable notice and opportunity to be heard were
48-18    given to all affected persons.]
48-19          [Sec. 152.024.  PRIORITY.  On the request of a party to a
48-20    custody proceeding that raises a question of existence or exercise
48-21    of jurisdiction under this chapter, the case shall be given
48-22    calendar priority and handled expeditiously.]
48-23          [Sec. 152.025.  SHORT TITLE.  This chapter may be cited as
48-24    the Uniform Child Custody Jurisdiction Act.]
48-25          SECTION 2.  This Act takes effect September 1, 1999, and
48-26    applies to a motion or other request for relief made in a child
48-27    custody proceeding or to enforce a child custody determination that
 49-1    is commenced on or after that date.  A motion or other request for
 49-2    relief made in a child custody proceeding or to enforce a child
 49-3    custody determination that was commenced before the effective date
 49-4    of this Act is governed by the law in effect at the time the motion
 49-5    or other request was made, and the former law is continued in
 49-6    effect for that purpose.
 49-7          SECTION 3.  The importance of this legislation and the
 49-8    crowded condition of the calendars in both houses create an
 49-9    emergency and an imperative public necessity that the
49-10    constitutional rule requiring bills to be read on three several
49-11    days in each house be suspended, and this rule is hereby suspended.