By Bonnen                                             H.B. No. 2621
         77R7890 JMG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the offense of interference with child custody.
 1-4           SECTION 1.  Sections 25.03(a) and (b), Penal Code, are
 1-5     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 person's [his] taking or retention
 1-9     violates the express terms of a judgment or order of a court
1-10     disposing of the child's custody; or
1-11                 (2)  has not been awarded custody of the child by a
1-12     court of competent jurisdiction, knows that a suit for divorce or a
1-13     civil suit or application for habeas corpus to dispose of the
1-14     child's custody has been filed, and takes the child out of the
1-15     geographic area of the counties composing the judicial district if
1-16     the court is a district court or the county if the court is a
1-17     statutory county court, without the permission of the court and
1-18     with the intent to deprive the court of authority over the child.
1-19           (b)  A noncustodial parent commits an offense if, with the
1-20     intent to interfere with the lawful custody of a child younger than
1-21     18 years, the noncustodial parent [he] knowingly entices or
1-22     persuades the child to leave the custody of the custodial parent,
1-23     guardian, or person standing in the stead of the custodial parent
1-24     or guardian of the child.
 2-1           SECTION 2.  This Act takes effect immediately if it receives
 2-2     a vote of two-thirds of all the members elected to each house, as
 2-3     provided by Section 39, Article III, Texas Constitution.  If this
 2-4     Act does not receive the vote necessary for immediate effect, this
 2-5     Act takes effect September 1, 2001.