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.