By Wise H.B. No. 397
77R1923 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possession of or access to a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 105.001(a), Family Code, is amended to
1-5 read as follows:
1-6 (a) In a suit, the court may make a temporary order,
1-7 including the modification of a prior temporary order, for the
1-8 safety and welfare of the child, including an order:
1-9 (1) for the temporary conservatorship of the child;
1-10 (2) for the temporary support of the child;
1-11 (3) restraining a party from molesting or disturbing
1-12 the peace of the child or another party;
1-13 (4) prohibiting a person from removing the child
1-14 beyond a geographical area identified by the court; [or]
1-15 (5) for payment of reasonable attorney's fees and
1-16 expenses; or
1-17 (6) to take possession of the child under Section
1-18 157.009.
1-19 SECTION 2. Sections 107.001(a) and (c), Family Code, are
1-20 amended to read as follows:
1-21 (a) In a suit affecting the parent-child relationship [in
1-22 which termination of the parent-child relationship is requested],
1-23 the court or an associate judge shall appoint a guardian ad litem
1-24 to represent the interests of the child immediately after the
2-1 filing of the petition but before the full adversary hearing to
2-2 ensure adequate representation of the child, unless:
2-3 (1) the child is a petitioner; or
2-4 (2) an attorney ad litem has been appointed for the
2-5 child[; or]
2-6 [(3) the court or an associate judge finds that the
2-7 interests of the child will be represented adequately by a party to
2-8 the suit and are not adverse to that party].
2-9 (c) The [In any other suit, the] court or an associate judge
2-10 may appoint a guardian ad litem in a suit in which the appointment
2-11 is not required by Subsection (a) or (b).
2-12 SECTION 3. Subchapter A, Chapter 151, Family Code, is
2-13 amended by adding Section 151.006 to read as follows:
2-14 Sec. 151.006. EXCLUSIVE RIGHT TO POSSESSION PRESUMED. It is
2-15 presumed that the mother of a child is entitled to exclusive
2-16 physical possession of the child if:
2-17 (1) the mother was not married at the time of the
2-18 child's birth;
2-19 (2) paternity of the child has not been established;
2-20 (3) there is no court order that provides for
2-21 possession of or access to the child; and
2-22 (4) the child lives with the mother.
2-23 SECTION 4. Subchapter A, Chapter 157, Family Code, is
2-24 amended by adding Section 157.009 to read as follows:
2-25 Sec. 157.009. EMERGENCY POSSESSION OF CHILD. (a) A person
2-26 filing a motion to enforce a final order that provides for
2-27 possession of or access to a child may seek a temporary order under
3-1 which a law enforcement officer may take possession of the child
3-2 and deliver the child to the court. The court shall render the
3-3 order if:
3-4 (1) a person is violating an order that provides for
3-5 possession of or access to a child;
3-6 (2) the court has reason to believe that the person
3-7 violating the order may remove the child from the state; and
3-8 (3) the person requesting the order knows the location
3-9 of the child.
3-10 (b) The court may authorize temporary placement of the child
3-11 until a hearing on the motion for enforcement with:
3-12 (1) a person entitled to possession of the child under
3-13 the final order; or
3-14 (2) a local social services agency.
3-15 SECTION 5. Subchapter D, Chapter 157, Family Code, is
3-16 amended by adding Section 157.169 to read as follows:
3-17 Sec. 157.169. REIMBURSEMENT OF COSTS. The court may require
3-18 a person violating an order that provides for possession of or
3-19 access to a child to pay to the appropriate person:
3-20 (1) the costs to locate and recover the child incurred
3-21 by the person entitled to possession of the child;
3-22 (2) the costs incurred by an agency assisting the
3-23 person entitled to possession of the child in locating and
3-24 recovering the child;
3-25 (3) the costs of medical and mental health services
3-26 incurred by the person entitled to possession of the child to
3-27 reestablish a relationship with the child; and
4-1 (4) the amount of money paid from the crime victims
4-2 compensation fund to the child or the person entitled to possession
4-3 of the child as a result of the wrongful taking or retention of the
4-4 child.
4-5 SECTION 6. Subchapter B, Chapter 56, Code of Criminal
4-6 Procedure, is amended by adding Article 56.545 to read as follows:
4-7 Art. 56.545. COMPENSATION FOR VICTIMS OF INTERFERENCE WITH
4-8 CHILD CUSTODY. (a) In this article, "victim" means a parent of a
4-9 child taken or retained in violation of Section 25.03, Penal Code,
4-10 or a child taken or retained in violation of Section 25.03, Penal
4-11 Code. The term does not include the parent who is prosecuted for
4-12 violating Section 25.03, Penal Code.
4-13 (b) The attorney general shall award compensation for a loss
4-14 arising from the commission of an offense under Section 25.03,
4-15 Penal Code, in substantially the same manner as the attorney
4-16 general is required to award compensation under this subchapter for
4-17 a pecuniary loss arising from criminally injurious conduct.
4-18 SECTION 7. (a) This Act takes effect September 1, 2001.
4-19 (b) The change in law made by Sections 1-4 of this Act
4-20 applies to a pending suit affecting the parent-child relationship
4-21 without regard to whether the suit was filed before, on, or after
4-22 the effective date of this Act.
4-23 (c) The change in law made by Section 157.169, Family Code,
4-24 as added by this Act, applies only to a violation of an order that
4-25 provides for possession of or access to a child that occurs on or
4-26 after the effective date of this Act.
4-27 (d) The change in law made by Article 56.545, Code of
5-1 Criminal Procedure, as added by this Act, applies only to a
5-2 violation of Section 25.03, Penal Code, that occurs on or after the
5-3 effective date of this Act.