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A BILL TO BE ENTITLED
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AN ACT
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relating to the Uniform Unregulated Child Custody Transfer Act; |
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creating criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 5, Family Code, is amended by |
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adding Chapter 163 to read as follows: |
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CHAPTER 163. UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT |
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SUBCHAPTER A. APPLICATION AND CONSTRUCTION |
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Sec. 163.001. APPLICATION AND CONSTRUCTION. This chapter |
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shall be applied and construed to promote the uniformity of the law |
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among the states that enact the Uniform Unregulated Child Custody |
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Transfer Act. |
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Sec. 163.002. CONFLICTS BETWEEN PROVISIONS. If a provision |
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of this chapter conflicts with another provision of this title or |
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another state statute or rule and the conflict cannot be |
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reconciled, this chapter prevails. |
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SUBCHAPTER B. GENERAL PROVISIONS |
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Sec. 163.101. SHORT TITLE. This chapter may be cited as the |
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Uniform Unregulated Child Custody Transfer Act. |
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Sec. 163.102. DEFINITIONS. In this chapter: |
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(1) "Child" means an individual under 18 years of age |
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who has not been granted by this state or another state a court |
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order removing the disabilities of minority of the individual for |
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general purposes. |
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(2) "Child-placing agency" means a person with |
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authority under other law of this state to identify or place a child |
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for adoption. The term does not include a parent of the child. |
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(3) "Custody" means the exercise of physical care and |
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supervision of a child. |
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(4) "Department" means the Department of Family and |
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Protective Services. |
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(5) "Intercountry adoption" means an adoption or |
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placement for adoption of a child who resides in a foreign country |
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at the time of adoption or placement. The term includes an adoption |
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finalized in the child's country of residence or in a state. |
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(6) "Person" means an individual, estate, business, or |
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nonprofit entity, public corporation, government, or governmental |
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subdivision, agency, or instrumentality, or other legal entity. |
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(7) "Record" means information: |
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(A) inscribed on a tangible medium; or |
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(B) stored in an electronic or other medium and |
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retrievable in perceivable form. |
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(8) "State" means a state of the United States, the |
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District of Columbia, Puerto Rico, the United States Virgin |
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Islands, or any other territory or possession subject to the |
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jurisdiction of the United States. The term includes a federally |
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recognized Indian tribe. |
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Sec. 163.103. LIMITATION ON APPLICABILITY. This chapter |
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does not apply to custody of an Indian child, as defined in the |
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Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.), |
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to the extent custody is governed by the Indian Child Welfare Act. |
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SUBCHAPTER C. PROHIBITION OF UNREGULATED CUSTODY TRANSFER |
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Sec. 163.201. DEFINITIONS. In this subchapter: |
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(1) "Conservator" means a person recognized as a |
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conservator under other law of this state. |
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(2) "Intermediary" means a person that assists or |
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facilitates a transfer of custody of a child, whether or not for |
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compensation. |
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Sec. 163.202. APPLICABILITY. This subchapter does not |
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apply to a transfer of custody of a child by a parent or conservator |
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of the child to: |
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(1) a parent of the child; |
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(2) a stepparent of the child; |
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(3) an adult who is related to the child by |
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consanguinity or affinity; |
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(4) an adult who, at the time of the transfer, had a |
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close relationship with the child or the parent or conservator of |
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the child for a substantial period, and whom the parent or |
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conservator reasonably believes, at the time of the transfer, to be |
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a fit custodian of the child; |
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(5) an Indian custodian of the child, as defined by the |
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Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.); |
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or |
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(6) a member of the child's customary family unit |
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recognized by the child's indigenous group under other law of this |
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state. |
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Sec. 163.203. PROHIBITED CUSTODY TRANSFER. (a) Except as |
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provided in Subsection (b), a parent or conservator of a child or an |
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individual with whom a child has been placed for adoption may not |
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transfer custody of the child to another person with the intent, at |
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the time of the transfer, to abandon the rights and |
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responsibilities concerning the child. |
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(b) A parent or conservator of a child or an individual with |
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whom a child has been placed for adoption may transfer custody of |
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the child to another person with the intent, at the time of the |
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transfer, to abandon the rights and responsibilities concerning the |
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child only through: |
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(1) adoption or conservatorship; |
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(2) judicial award of custody; |
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(3) placement by or through a child-placing agency; |
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(4) other judicial or tribal action; or |
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(5) voluntary delivery of the child to a designated |
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emergency infant care provider under Section 262.302. |
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(c) A person may not receive custody of a child, or act as an |
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intermediary in a transfer of custody of a child, if the person |
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knows or reasonably should know the transfer violates Subsection |
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(a). This prohibition does not apply if the person, as soon as |
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practicable after the transfer, notifies the department of the |
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transfer or takes appropriate action to establish custody under |
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Subsection (b). |
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(d) A person commits an offense if a person violates this |
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section. An offense under this subsection is a Class B misdemeanor, |
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except that the offense is a felony of the third degree if the child |
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who is the subject of the offense has been previously adopted. |
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(e) A violation of Subsection (a) is not established solely |
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because a parent or conservator that transfers custody of a child |
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does not regain custody. |
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Sec. 163.204. AUTHORITY AND RESPONSIBILITY OF DEPARTMENT. |
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(a) If the department has a reasonable basis to believe that a |
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person has transferred or will transfer custody of a child in |
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violation of Section 163.203(a), the department may conduct a home |
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visit as provided by other law of this state and take appropriate |
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action to protect the welfare of the child. |
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(b) If the department conducts a home visit for a child |
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adopted or placed through an intercountry adoption, the department |
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shall: |
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(1) prepare a report on the welfare and plan for |
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permanent placement of the child; and |
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(2) provide a copy to the United States Department of |
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State. |
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(c) This chapter does not prevent the department from taking |
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appropriate action under another law of this state. |
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Sec. 163.205. PROHIBITED SOLICITING OR ADVERTISING. (a) A |
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person may not solicit or advertise to: |
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(1) identify a person to which to make a transfer of |
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custody in violation of Section 163.203(a); |
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(2) identify a child for a transfer of custody in |
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violation of Section 163.203(c); or |
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(3) act as an intermediary in a transfer of custody in |
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violation of Section 163.203(c). |
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(b) A person commits an offense if the person violates this |
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section. An offense under this subsection is a Class A misdemeanor, |
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except that the offense is a felony of the third degree if the actor |
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has been previously convicted of an offense under this section. |
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Sec. 163.206. ENFORCEMENT. The department may investigate |
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a possible violation of this subchapter and take legal action as |
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provided by law of this state. |
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SUBCHAPTER D. MISCELLANEOUS PROVISIONS |
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Sec. 163.301. UNIFORMITY OF APPLICATION AND CONSTRUCTION. |
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In applying and construing this uniform act, a court shall consider |
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the promotion of uniformity of the law among jurisdictions that |
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enact it. |
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Sec. 163.302. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL |
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AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and |
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supersedes the Electronic Signatures in Global and National |
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Commerce Act (15 U.S.C. Section 7001 et seq.), but does not modify, |
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limit, or supersede Section 101(c) of that Act (15 U.S.C. Section |
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7001(c)), or authorize electronic delivery of any of the notices |
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described in Section 103(b) of that Act (15 U.S.C. Section |
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7003(b)). |
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SECTION 2. Chapter 163, Family Code, as added by this Act, |
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applies only to a transfer of custody or an act of solicitation or |
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advertising that occurs on or after the effective date of this Act. |
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A transfer of custody or an act of solicitation or advertising that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the transfer of custody or act of solicitation |
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or advertising occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |