By:  Harris, Ellis                                     S.B. No. 580
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the creation of an offense for violating a court order
 1-2     regarding the parent-child relationship.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (a) and (b), Section 25.03, Penal
 1-5     Code, are amended to read as follows:
 1-6           (a)  A person commits an offense if the person [he] takes or
 1-7     retains a child younger than 18 years when the person [he]:
 1-8                 (1)  knows that the [his] taking or retention violates
 1-9     the express terms of a judgment or order of a court that provides
1-10     for the possession of or access to the child [disposing of the
1-11     child's custody]; or
1-12                 (2)  has not been appointed managing or possessory
1-13     conservator [awarded custody] of the child by a court of competent
1-14     jurisdiction, knows that a suit for divorce or a civil suit or
1-15     application for habeas corpus to provide for possession of or
1-16     access to the child [dispose of the child's custody] has been
1-17     filed, and takes the child out of the geographic area of the
1-18     counties composing the judicial district if the court is a district
1-19     court or the county if the court is a statutory county court,
1-20     without the permission of the court and with the intent to deprive
1-21     the court of authority over the child.
1-22           (b)  A person who has been appointed possessory conservator
1-23     or joint managing conservator of a child younger than 18 years of
1-24     age and is not the person with whom the child primarily resides
 2-1     [noncustodial parent] commits an offense if, with the intent to
 2-2     interfere with the express terms of a judgment or order of a court
 2-3     that provides for the possession of or access to the [lawful
 2-4     custody of a] child [younger than 18 years], the person [he]
 2-5     knowingly entices or persuades the child to leave the care,
 2-6     custody, or control of:
 2-7                 (1)  a person who has been appointed managing
 2-8     conservator of the child and who designates the primary residence
 2-9     of the child; or
2-10                 (2)  the [custodial parent,] guardian[, or person
2-11     standing in the stead of the custodial parent or guardian] of the
2-12     child.
2-13           SECTION 2.  Chapter 25, Penal Code, is amended by adding
2-14     Section 25.032 to read as follows:
2-15           Sec. 25.032.  VIOLATION OF COURT ORDER REGARDING PARENT-CHILD
2-16     RELATIONSHIP.  (a)  A person who has been appointed managing
2-17     conservator of a child and is the person with whom the child
2-18     primarily resides commits an offense if the person:
2-19                 (1)  intentionally or knowingly interferes with the
2-20     possession of or access to the child by a person who has been
2-21     appointed possessory conservator or managing conservator of the
2-22     child and with whom the child does not primarily reside; and
2-23                 (2)  knows that the interference is in violation of the
2-24     express terms of a judgment or order of a court that provides for
2-25     the possession of or access to a child.
2-26           (b)  Except as provided by Subsection (c), an offense under
 3-1     this section is a misdemeanor punishable by a fine not to exceed
 3-2     $50.
 3-3           (c)  If it is shown on the trial of an offense punishable
 3-4     under Subsection (a)  that the defendant has previously been
 3-5     convicted of two offenses under this section and the second
 3-6     previous conviction is for an offense that occurred subsequent to
 3-7     the entry of judgment for the first previous conviction, on
 3-8     conviction the defendant shall be punished for a Class C
 3-9     misdemeanor.  Section 12.03(c) does not prohibit the use for
3-10     enhancement purposes of a prior conviction of an offense under this
3-11     section.
3-12           SECTION 3.  This Act takes effect September 1, 1999.
3-13           SECTION 4.  (a)  The change in law made by this Act to
3-14     Section 25.03, Penal Code, applies only to an offense committed on
3-15     or after the effective date of this Act.  For purposes of this
3-16     section, an offense is committed before the effective date of this
3-17     Act if any element of the offense occurs before that date.
3-18           (b)  An offense committed before the effective date of this
3-19     Act is covered by the law in effect when the offense was committed,
3-20     and the former law is continued in effect for that purpose.
3-21           SECTION 5.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.