SRC-JLB H.B. 227 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 227
By: Keel (Jackson)
Jurisprudence
4/16/2003
Engrossed


DIGEST AND PURPOSE 

Currently, inconsistent enforcement of court orders providing for
possession of or access to a child exists when police are called.  Law
enforcement officers do not have any way to readily check the validity of
the document itself and are understandably concerned about departmental
liability.  These situations frequently occur during night or weekend
hours.  

As proposed, H.B. 227 institutes a consistent statewide policy that
provides for peace officer enforcement of child custody orders in
circumstances where peace officers are often summoned; indemnifies the
peace officer and the peace officer's agency against claims where the
officer relies on a document that appears to be a valid court order;  and
provides that a person who knowingly presents an invalid court order would
be subject to a criminal penalty punishable by confinement in jail for up
to two years and a fine of up to $10,000.00. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS
  
SECTION 1.  Amends Section 105.006, Family Code, by adding Subsection
(e-1), to require an order in a suit that provides for the possession of
or access to a child to contain a certain prominently displayed statement
in boldfaced type, in capital letters, or underlined. 

SECTION 2.  (a)  Effective date:  September 1, 2003.
 
 (b)  Makes application of this Act prospective.