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AN ACT
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relating to the recording of proceedings and the issuance of a |
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warrant to take physical custody of a child in certain suits |
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affecting the parent-child relationship; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.105, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A record of all of the proceedings under this chapter |
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relating to a child custody determination made in a foreign country |
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or to the enforcement of an order for the return of the child made |
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under the Hague Convention on the Civil Aspects of International |
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Child Abduction shall be made by a court reporter or as provided by |
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Section 201.009. |
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SECTION 2. Section 152.311, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) A warrant to take physical custody of a child must: |
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(1) recite the facts upon which a conclusion of |
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imminent serious physical harm or removal from the jurisdiction is |
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based; |
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(2) direct law enforcement officers to take physical |
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custody of the child immediately; [and] |
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(3) state the date for the hearing on the petition; and |
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(4) provide for the safe interim placement of the |
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child pending further order of the court and impose conditions on |
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placement of the child to ensure the appearance of the child and the |
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child's custodian [provide for the placement of the child pending
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final relief]. |
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(c-1) If the petition seeks to enforce a child custody |
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determination made in a foreign country or an order for the return |
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of the child made under the Hague Convention on the Civil Aspects of |
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International Child Abduction, the court may place a child with a |
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parent or family member in accordance with Subsection (c)(4) only |
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if the parent or family member has significant ties to the |
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jurisdiction of the court. If a parent or family member of the |
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child does not have significant ties to the jurisdiction of the |
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court, the court shall provide for the delivery of the child to the |
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Department of Family and Protective Services in the manner provided |
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for the delivery of a missing child by Section 262.007(c). |
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SECTION 3. Chapter 37, Penal Code, is amended by adding |
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Section 37.14 to read as follows: |
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Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY |
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DETERMINATION MADE IN FOREIGN COUNTRY. (a) For purposes of this |
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section, "child custody determination" has the meaning assigned by |
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Section 152.102, Family Code. |
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(b) A person commits an offense if the person knowingly |
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makes or causes to be made a false statement relating to a child |
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custody determination made in a foreign country during a hearing |
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held under Chapter 152 or Subchapter I, Chapter 153, Family Code. |
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(c) An offense under this section is a felony of the third |
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degree. |
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SECTION 4. Subsection (f), Section 152.311, Family Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1490 passed the Senate on |
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April 12, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1490 passed the House on |
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May 5, 2011, by the following vote: Yeas 144, Nays 1, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |