Amend SB 228 on third reading by adding the following 
appropriately numbered SECTION to the bill and renumbering 
subsequent SECTIONS of the bill as appropriate:
	SECTION ____. (a)  Subtitle B, Title 5, Family Code, is 
amended by adding Chapter 163 to read as follows:

CHAPTER 163.  UNIFORM CHILD ABDUCTION PREVENTION ACT
	Sec. 163.001.  SHORT TITLE.  This chapter may be cited as the 
Uniform Child Abduction Prevention Act.
	Sec. 163.002.  DEFINITIONS.  In this chapter:                           
		(1)  "Abduction" means the wrongful removal of a child 
to another state or nation or the wrongful retention of a child in 
another state or nation.
		(2)  "Child" means an unemancipated individual who is 
less than 18 years of age.
		(3)  "Child custody determination" means a judgment, 
decree, or other order of a court providing for legal custody, 
physical custody, or visitation with respect to a child.  The term 
includes a permanent, temporary, initial, and modification order.
		(4)  "Child custody proceeding" means a proceeding in 
which legal custody, physical custody, or visitation with respect 
to a child is at issue.  The term includes a proceeding for divorce, 
separation, neglect, abuse, dependency, guardianship, paternity, 
termination of parental rights, and protection from domestic 
violence.
		(5)  "Court" means an entity authorized under the law 
of a state to establish, enforce, or modify a child custody 
determination.
		(6)  "Petition" includes a motion or its equivalent.                   
		(7)  "Record" means information that is inscribed on a 
tangible medium or that is stored in an electronic or other medium 
and is retrievable in perceivable form.
		(8)  "State" means a state of the United States, the 
District of Columbia, Puerto Rico, the United States Virgin 
Islands, or any territory or insular possession subject to the 
jurisdiction of the United States.  The term includes a federally 
recognized Indian tribe or nation.
		(9)  "Travel document" means a record relating to a 
travel itinerary, including a pass and a reservation for 
transportation and accommodations.  The term does not include a 
passport or international visa.
		(10)  "Wrongful removal" means the taking of a child 
that breaches a right of custody or visitation given or recognized 
under the law of this state.
		(11)  "Wrongful retention" means the keeping or 
concealing of a child that breaches a right of custody or visitation 
provided or recognized under the law of this state.
	Sec. 163.003.  COOPERATION AND COMMUNICATION AMONG COURTS.  
Sections 152.110, 152.111, and 152.112 apply to a proceeding under 
this chapter.
	Sec. 163.004.  ACTIONS FOR ABDUCTION PREVENTION MEASURES. 
(a) A court on its own motion may order abduction prevention 
measures in a child custody proceeding if the court finds that the 
evidence establishes a credible risk of abduction of the child.
	(b)  A party to a child custody determination or an 
individual or entity having a right under state law to seek a child 
custody determination for the child may file a petition seeking 
abduction prevention measures to protect the child under this 
chapter.
	(c)  An individual or entity entitled to bring an action 
under Subsection (b) may file a petition seeking abduction 
prevention measures with respect to a child who is not yet the 
subject of a child custody determination.
	(d)  A prosecutor or public authority designated under 
Section 152.315 may petition for a warrant to take physical custody 
of a child under Section 163.009.
	Sec. 163.005.  JURISDICTION.  (a)  A petition under this 
chapter may be filed only in a court that has jurisdiction to make a 
child custody determination with respect to the child at issue 
under Chapter 152.
	(b)  A court of this state has temporary emergency 
jurisdiction under Section 152.204 if the court finds a credible 
risk of abduction.
	Sec. 163.006.  CONTENTS OF PETITION.  A petition for 
abduction prevention measures must:
		(1)  be verified;                                                      
		(2)  include a copy of an existing child custody 
determination, if any, and if available;
		(3)  specify the risk factors for abduction, including 
the relevant factors described by Section 163.007; and
		(4)  subject to Section 152.209(e), if reasonably 
ascertainable, contain:
			(A)  the name, birth date, and gender of the child 
at risk for abduction;
			(B)  the customary address and current physical 
location of the child;
			(C)  the identity, customary address, and current 
physical location of the respondent;
			(D)  a statement of whether a prior action to 
prevent abduction or domestic violence has been filed by a party or 
other individual or entity having custody of the child, and the 
date, location, and disposition of such an action;
			(E)  a statement of whether either party to the 
action has been arrested for a crime related to family violence or 
child abuse, and the date, location, and disposition of such a case; 
and
			(F)  any other information required to be 
submitted to the court for a child custody determination under 
Section 152.209.
	Sec. 163.007.  FACTORS TO DETERMINE RISK OF ABDUCTION.  (a)  
In determining whether there is a credible risk of abduction of a 
child, the court shall consider evidence that the respondent or the 
petitioner:
		(1)  has previously abducted or attempted to abduct the 
child;       
		(2)  has threatened to abduct the child;                               
		(3)  has recently engaged in activities, other than 
planning activities related to carrying out a safety plan to flee 
from family violence, that may indicate a planned abduction, 
including:
			(A)  abandoning employment;                                           
			(B)  selling a primary residence or terminating a 
lease;            
			(C)  closing bank or other financial management 
accounts, liquidating assets, hiding or destroying financial 
documents, or conducting any other unusual financial activities;
			(D)  applying for a passport or visa, obtaining 
travel documents, or purchasing travel tickets for the respondent, 
another family member, or the child; or
			(E)  seeking to obtain the child's birth 
certificate or school or medical records;
		(4)  has engaged in family violence, stalking, or child 
abuse or neglect;
		(5)  has failed or refused to follow a child custody 
determination;  
		(6)  lacks strong familial, financial, emotional, or 
cultural ties to the state or the United States, regardless of 
whether the other parent is a citizen or permanent resident of the 
United States;
		(7)  has strong familial, financial, emotional, or 
cultural ties to another state or country and is likely to take the 
child to that country, particularly a country that:
			(A)  is not a party to the Hague Convention on the 
Civil Aspects of International Child Abduction and does not provide 
for the extradition of an abducting parent or for the return of an 
abducted child;
			(B)  is a party to the Hague Convention on the 
Civil Aspects of International Child Abduction but:
				(i)  the Hague Convention on the Civil 
Aspects of International Child Abduction is not in force between 
the United States and that country;
				(ii)  is noncompliant according to the most 
recent compliance report issued by the United States Department of 
State; or
				(iii)  lacks legal mechanisms for 
immediately and effectively enforcing a return order under the 
Hague Convention on the Civil Aspects of International Child 
Abduction;
			(C)  poses a risk that the child's physical or 
emotional health or safety would be endangered in the country 
because of specific circumstances relating to the child or because 
of human rights violations committed against children;
			(D)  has laws or practices that would:                                
				(i)  enable the respondent, without due 
cause, to prevent the petitioner from contacting the child;
				(ii)  restrict the petitioner from freely 
traveling to or exiting from the country because of the 
petitioner's gender, nationality, marital status, or religion; or
				(iii)  restrict the child's ability legally 
to leave the country after the child reaches the age of majority 
because of a child's gender, nationality, or religion;
			(E)  is included by the United States Department 
of State on a current list of state sponsors of terrorism;
			(F)  does not have an official United States 
diplomatic presence in the country; or
			(G)  is engaged in active military action or war, 
including a civil war, to which the child may be exposed;
		(8)  is undergoing a change in immigration or 
citizenship status that would adversely affect the respondent's 
ability to remain in the United States legally;
		(9)  has had an application for United States 
citizenship denied;    
		(10)  has forged or presented misleading or false 
evidence on government forms or supporting documents to obtain or 
attempt to obtain a passport, visa, travel documents, social 
security card, driver's license, or other government-issued 
identification card or has made a misrepresentation to the United 
States government;
		(11)  has used multiple names to attempt to mislead or 
defraud; or   
		(12)  has engaged in any other conduct the court 
considers relevant to the risk of abduction.
	(b)  In the hearing on a petition for abduction prevention 
measures, the court shall consider evidence that:
		(1)  the respondent believed in good faith that the 
respondent's conduct was necessary to avoid imminent harm to the 
child or respondent; and
		(2)  any other evidence that may be relevant to whether 
the respondent may be permitted to remove or retain the child.
	Sec. 163.008.  PROVISIONS AND MEASURES TO PREVENT ABDUCTION.  
(a)  If a petition has been filed under this chapter, the court may 
enter an order that includes:
		(1)  the basis for the court's exercise of 
jurisdiction;             
		(2)  the manner in which notice and opportunity to be 
heard were given to the persons entitled to notice of the proceeding 
under the Texas Rules of Civil Procedure;
		(3)  a detailed description of each parent's custody 
and visitation rights and residential arrangements for the child;
		(4)  a provision stating that a violation of the order 
may subject the party in violation to civil and criminal penalties; 
and
		(5)  identification of the child's country of habitual 
residence at the time of the issuance of the order.
	(b)  If after reviewing the evidence, at a hearing on a 
petition under this chapter or on the court's own motion, the court 
finds a credible risk of abduction of the child, the court shall 
enter an abduction prevention order.  The order must include the 
provisions described in Subsection (a) and the measures and 
conditions, including those described in Subsections (c), (d), and 
(e), that are reasonably calculated to prevent abduction of the 
child, giving due consideration to the custody and visitation 
rights of both parents.  In determining the measures to be ordered, 
the court shall consider:
		(1)  the age of the child;                                             
		(2)  the potential harm to the child from an abduction;                
		(3)  the legal and practical difficulties of returning 
the child to the jurisdiction if abducted; and
		(4)  the reasons for the potential abduction, including 
evidence of domestic violence or child abuse.
	(c)  An abduction prevention order may include one or more of 
the following:
		(1)  the imposition of travel restrictions that require 
that a party traveling with the child outside a designated 
geographical area provide the other party with the following:
			(A)  the travel itinerary of the child;                               
			(B)  a list of physical addresses and telephone 
numbers at which the child can be reached at specified times; and
			(C)  copies of all travel documents;                                  
		(2)  a prohibition against the respondent directly or 
indirectly:    
			(A)  removing the child from this state, the 
United States, or another geographic area without permission of the 
court or the petitioner's written consent;
			(B)  removing or retaining the child in violation 
of the child custody determination;
			(C)  removing the child from school or a 
child-care or similar facility; or
			(D)  approaching the child at any location other 
than a site designated for supervised visitation;
		(3)  requiring a party to register the order in another 
state as a prerequisite to allowing the child to travel to that 
state;
		(4)  with regard to the child's passport:                              
			(A)  directing the petitioner to place the child's 
name in the United States Department of State's Children's Passport 
Issuance Alert Program (CPIAP);
			(B)  requiring the respondent to surrender to the 
court or the petitioner's attorney any United States or foreign 
passport issued in the child's name, including a passport issued in 
the name of both the respondent and the child; and
			(C)  prohibiting the respondent from applying on 
behalf of the child for a new or replacement passport or visa;
		(5)  as a prerequisite to exercising custody or 
visitation, requiring the respondent to provide:
			(A)  to the United States Department of State 
Office of Children's Issues and the relevant foreign consulate or 
embassy an authenticated copy of a court order detailing passport 
and travel restrictions for the child;
			(B)  to the court:                                                    
				(i)  proof that the respondent has provided 
the information in Paragraph (A); and
				(ii)  an acknowledgment in a record from the 
relevant foreign consulate or embassy that no passport application 
has been made, or passport issued, on behalf of the child;
			(C)  to the petitioner, proof of registration with 
the United States embassy or other United States diplomatic 
presence in the destination country, and with the Central Authority 
for the Hague Convention on the Civil Aspects of International 
Child Abduction, if that convention is in effect between the United 
States and the destination country, unless one of the parents 
objects; and
			(D)  a written waiver under the federal Privacy 
Act of 1974 (5 U.S.C. Section 552a), with respect to any document, 
application, or other information pertaining to the child 
authorizing disclosure of them to the court and the petitioner; and
		(6)  on the petitioner's request, a requirement that 
the respondent obtain an order from the relevant foreign country 
containing terms identical to the child custody determination 
issued in the United States.
	(d)  In an abduction prevention order, the court may impose 
conditions on the exercise of custody or visitation that:
		(1)  limit visitation or require that visitation with 
the child by the respondent be supervised until the court finds that 
supervision is no longer necessary and order the respondent to pay 
for the supervision;
		(2)  require the respondent to post a bond or provide 
other security in an amount sufficient to serve as a financial 
deterrent to abduction, the proceeds of which may be used to pay for 
the expenses of recovery of the child, including attorney's fees 
and actual costs if there is an abduction; and
		(3)  require the respondent to obtain education on the 
potentially harmful effects to the child from abduction.
	(e)  To prevent imminent abduction of a child, a court may:             
		(1)  issue a warrant to take physical custody of the 
child under Section 163.009 or other law of this state;
		(2)  direct the use of law enforcement to take any 
action reasonably necessary to locate the child, obtain return of 
the child, or enforce a custody determination under this chapter or 
other law of this state; and
		(3)  grant any other relief allowed under other law of 
this state.   
	(f)  The remedies provided in this chapter are cumulative and 
do not affect the availability of other state remedies to prevent 
child abduction.
	Sec. 163.009.  WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. 
(a) If a petition under this chapter contains allegations, and the 
court finds that there is a credible risk that the child is 
imminently likely to be wrongfully removed, the court may issue an 
ex parte warrant to take physical custody of the child.
	(b)  The respondent on a petition under Subsection (a) must 
be afforded an opportunity to be heard at the earliest possible time 
after the ex parte warrant is executed, but not later than the next 
judicial day unless that date is impossible. In that event, the 
court shall hold the hearing on the first judicial day possible.
	(c)  An ex parte warrant to take physical custody of a child 
must:    
		(1)  recite the facts on which a determination of a 
credible risk of imminent wrongful removal of the child is based;
		(2)  direct law enforcement officers to take physical 
custody of the child immediately;
		(3)  state the date for the hearing on the petition; and               
		(4)  provide for the safe interim placement of the 
child pending further order of the court.
	(d)  If feasible, before issuing a warrant and determining 
the placement of the child after the warrant is executed, the court 
may order a search of the relevant databases of the National Crime 
Information Center system, including those pertaining to 
protection orders, historical protection orders, warrants, sex 
offender registries, and persons on supervised release, and similar 
state databases to determine if either the petitioner or the 
respondent has a history of family violence or child abuse.
	(e)  The respondent must be served with the petition and 
warrant when, or immediately after, the child is taken into 
physical custody.
	(f)  A warrant to take physical custody of a child, issued by 
this state or another state, is enforceable throughout this state. 
If the court finds that a less intrusive remedy will not be 
effective, it may authorize law enforcement officers to enter 
private property to take physical custody of the child. If required 
by exigent circumstances, the court may authorize law enforcement 
officers to make a forcible entry at any hour.
	(g)  If the court finds, after hearing, that a petitioner 
sought an ex parte warrant under Subsection (a) for the purpose of 
harassment or in bad faith, the court may award the respondent 
reasonable attorney's fees, expenses, and costs.
	(h)  This chapter does not affect the availability of relief 
allowed under other law of this state.
	Sec. 163.010.  DURATION OF ABDUCTION PREVENTION ORDER.  An 
abduction prevention order remains in effect until the earliest of:
		(1)  a time stated in the order;                                       
		(2)  the date the child is emancipated;                                
		(3)  the date of the child's 18th birthday; or                         
		(4)  the date the order is modified, revoked, vacated, 
or superseded by a court with jurisdiction under Sections 152.201 
through 152.203.
	Sec. 163.011.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  
In applying and construing this chapter, consideration must be 
given to the need to promote uniformity of the law with respect to 
its subject matter among states that enact it.
	Sec. 163.012.  RELATION TO FEDERAL ELECTRONIC SIGNATURES IN 
GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, 
and supersedes the federal Electronic Signatures in Global and 
National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not 
modify, limit, or supersede Section 101(c) of that Act or authorize 
electronic delivery of any of the notices described in Section 
103(b) of that Act.
	(b)  Subchapter I, Chapter 153, Family Code, is repealed.                      
	(c)  The changes in law made by this section 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 that date.