1-1 AN ACT
1-2 relating to communications between courts regarding simultaneous
1-3 interstate child custody proceedings.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 152.110, Family Code, is amended by
1-6 amending Subsections (d) and (e) and adding Subsection (f) to read
1-7 as follows:
1-8 (d) If proceedings involving the same parties are pending
1-9 simultaneously in a court of this state and a court of another
1-10 state, the court of this state shall inform the other court of the
1-11 simultaneous proceedings. The court of this state shall request
1-12 that the other court hold the proceeding in that court in abeyance
1-13 until the court in this state conducts a hearing to determine
1-14 whether the court has jurisdiction over the proceeding.
1-15 (e) Communication between courts on schedules, calendars,
1-16 court records, and similar matters may occur without informing the
1-17 parties. A record need not be made of the communication.
1-18 (f) [(e)] Except as otherwise provided in Subsection (e)
1-19 [(d)], a record must be made of any [a] communication under this
1-20 section. The parties must be informed promptly of the
1-21 communication and granted access to the record.
1-22 SECTION 2. This Act takes effect immediately if it receives
1-23 a vote of two-thirds of all the members elected to each house, as
1-24 provided by Section 39, Article III, Texas Constitution. If this
2-1 Act does not receive the vote necessary for immediate effect, this
2-2 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2299 was passed by the House on April
5, 2001, by the following vote: Yeas 141, Nays 0, 1 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2299 was passed by the Senate on May
10, 2001, by the following vote: Yeas 29, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor