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H.B. No. 227
AN ACT
relating to certain notice requirements in a court order providing
for the possession of or access to a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.006, Family Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) An order in a suit that provides for the possession of
or access to a child must contain the following prominently
displayed statement in boldfaced type, in capital letters, or
underlined:
"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY
USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY
SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS OF
A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE
APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE,
REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF
THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT RELATE
TO CHILD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR
ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMMITS
AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG
AS TWO YEARS AND A FINE OF AS MUCH AS $10,000."
SECTION 2. (a) This Act takes effect September 1, 2003.
(b) The change in law made by this Act applies only to a
court order providing for the possession of or access to a child
that is rendered on or after the effective date of this Act. A court
order providing for the possession of or access to a child that is
rendered before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 227 was passed by the House on April
2, 2003, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 227 on May 19, 2003, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 227 was passed by the Senate, with
amendments, on May 13, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor