BILL ANALYSIS

 

 

Senate Research Center

H.B. 969

88R667 MLH-D

By: Cook et al. (Middleton)

 

State Affairs

 

5/17/2023

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, child custody violations are adjudicated in court. Given an increasing case backlog in Texas courts, H.B. 969 aims to empower municipalities or counties in the state to create a civil penalty, up to $500, to be levied against individuals violating court-ordered custody orders. This penalty, enacted as an optional ordinance or order, will serve to deter violations of child custody orders by improperly possessing a child.

 

County and municipality leaders will have an effective tool in supporting the enforcement of child custody orders. Furthermore, parents will have peace of mind in having additional custody order enforcement resources.

 

H.B. 969 amends current law relating to local regulation to enforce child custody orders and authorizes a civil penalty.

 

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 157, Family Code, by adding Subchapter K, as follows:

 

SUBCHAPTER K. LOCAL REGULATION AND ENFORCEMENT

 

Sec. 157.551. CIVIL PENALTY FOR INTERFERENCE WITH CHILD CUSTODY ORDER. Authorizes a municipality or county in this state to adopt an ordinance or order that imposes a civil penalty of not more than $500 for engaging in conduct described by Section 25.03 (Interference With Child Custody), Penal Code.

 

SECTION 2. Effective date: September 1, 2023.