78R1585 JMM-D


By:  Keel                                                         H.B. No. 227



A BILL TO BE ENTITLED

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, capital letters, or 
underlined:
	"NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS:  YOU ARE 
ORDERED TO ENFORCE THE TERMS OF CHILD CUSTODY SPECIFIED IN THIS 
ORDER AND, IF NECESSARY, TO USE FORCE TO DO SO.  A PEACE OFFICER'S 
RELIANCE ON THE TERMS OF A COURT ORDER IS ABSOLUTE INDEMNIFICATION 
OF THAT OFFICER AND OF THE OFFICER'S AGENCY 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PRESENTS FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN 
EFFECT COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN 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.


COMMITTEE AMENDMENT NO. 1

Amend H.B. 227 as follows:                                                    
	On page 1, Amend line 11, by striking "are" and substituting 
"may"           
	On page 1, Amend line 12, by striking "ordered" and inserting 
"use reasonable efforts"
	On page 1, Amend line 13, after "order" insert "." and strike 
"and, if necessary, to use force to do so."

                                                                       Goodman