1-1 By: Thompson (Senate Sponsor - Jackson) H.B. No. 2299
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 1, 2001, reported favorably by the following
1-5 vote: Yeas 4, Nays 0; May 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to communications between courts regarding simultaneous
1-9 interstate child custody proceedings.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 152.110, Family Code, is amended by
1-12 amending Subsections (d) and (e) and adding Subsection (f) to read
1-13 as follows:
1-14 (d) If proceedings involving the same parties are pending
1-15 simultaneously in a court of this state and a court of another
1-16 state, the court of this state shall inform the other court of the
1-17 simultaneous proceedings. The court of this state shall request
1-18 that the other court hold the proceeding in that court in abeyance
1-19 until the court in this state conducts a hearing to determine
1-20 whether the court has jurisdiction over the proceeding.
1-21 (e) Communication between courts on schedules, calendars,
1-22 court records, and similar matters may occur without informing the
1-23 parties. A record need not be made of the communication.
1-24 (f) [(e)] Except as otherwise provided in Subsection (e)
1-25 [(d)], a record must be made of any [a] communication under this
1-26 section. The parties must be informed promptly of the
1-27 communication and granted access to the record.
1-28 SECTION 2. This Act takes effect immediately if it receives
1-29 a vote of two-thirds of all the members elected to each house, as
1-30 provided by Section 39, Article III, Texas Constitution. If this
1-31 Act does not receive the vote necessary for immediate effect, this
1-32 Act takes effect September 1, 2001.
1-33 * * * * *