SRC-JLB H.B. 1899 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1899
78R10775 KSD-DBy: Nixon (Nelson)
Jurisprudence
5/16/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 1899 creates new language in the Texas Family Code to ensure courts
consider safeguards that may be needed to protect a child and the other
parent from a risk of international abduction. 

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 Chapter 153, Family Code, by adding Subchapter I, as
follows: 

SUBCHAPTER I.  PREVENTION OF INTERNATIONAL
PARENTAL CHILD ABDUCTION

Sec. 153.501.  NECESSITY OF MEASURES TO PREVENT INTERNATIONAL PARENTAL
CHILD ABDUCTION.  (a)  Requires the court, on its own motion or at the
request of a party to the suit, to determine under this section whether it
is necessary for the court to take one or more of the measures described
by Section 153.503 to protect a child from the risk of abduction by the
parent, in a suit, if credible evidence is presented to the court
indicating a potential risk of the international abduction of a child by a
parent of the child. 

(b)  Requires the court, in determining whether to take any of the
measures described by Section 153.503, to consider certain factors. 

Sec. 153.502.  ABDUCTION RISK FACTORS.  (a)  Requires the court, to
determine whether there is a risk of the international abduction of a
child by a parent of the child, to consider certain evidence concerning
the parent. 

(b)  Requires the court, if the court finds that there is credible
evidence of a risk of abduction of the child by a parent of the child
based on the court's consideration of the factors in Subsection (a), to
also consider evidence regarding certain factors to evaluate the risk of
international abduction of the child by a parent. 

(c)  Authorizes the court, if the court finds that there is credible
evidence of a risk of abduction of the child by a parent of the child
based on the court's consideration of the factors in Subsection (a), to
also consider evidence regarding certain factors to evaluate the risk of
international abduction of the child by a parent. 

Sec. 153.503.  ABDUCTION PREVENTION MEASURES.  Authorizes the court, if
the court finds that it is necessary under Section 153.501 to take
measures to protect a child from international abduction by a parent of
the child, to take certain actions. 

SECTION 2.  Provides that the changes in law made by this Act apply to a
suit affecting the parent-child relationship pending in a trial court on
the effective date of this Act or filed on or  after the effective date of
this Act. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.