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


Senate Research CenterC.S.H.B. 227
78R13995 DLF-FBy: Keel (Jackson)
Jurisprudence
5/1/2003
Committee Report (Substituted)


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.  

C.S.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;  provides that a peace officer who
relies on the terms of a court order and a peace officer's agency are
entitled to the applicable immunity against any claim 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.