Bill Text: TX HB2976 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship; creating an offense.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-04 - Laid on the table subject to call [HB2976 Detail]
Download: Texas-2011-HB2976-Comm_Sub.html
82R19885 EES-F | |||
By: Hunter, Raymond, Weber | H.B. No. 2976 | ||
Substitute the following for H.B. No. 2976: | |||
By: Woolley | C.S.H.B. No. 2976 |
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relating to the recording of proceedings and the issuance of a | ||
warrant to take physical custody of a child in certain suits | ||
affecting the parent-child relationship; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 152.105, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) A record of all of the proceedings under this chapter | ||
relating to a child custody determination made in a foreign country | ||
or to the enforcement of an order for the return of the child made | ||
under the Hague Convention on the Civil Aspects of International | ||
Child Abduction shall be made by a court reporter or as provided by | ||
Section 201.009. | ||
SECTION 2. Section 152.311, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) A warrant to take physical custody of a child must: | ||
(1) recite the facts upon which a conclusion of | ||
imminent serious physical harm or removal from the jurisdiction is | ||
based; | ||
(2) direct law enforcement officers to take physical | ||
custody of the child immediately; [ |
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(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 and impose conditions on | ||
placement of the child to ensure the appearance of the child and the | ||
child's custodian [ |
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(c-1) If the petition seeks to enforce a child custody | ||
determination made in a foreign country or an order for the return | ||
of the child made under the Hague Convention on the Civil Aspects of | ||
International Child Abduction, the court may place a child with a | ||
parent or family member in accordance with Subsection (c)(4) only | ||
if the parent or family member has significant ties to the | ||
jurisdiction of the court. If a parent or family member of the | ||
child does not have significant ties to the jurisdiction of the | ||
court, the court shall provide for the delivery of the child to the | ||
Department of Family and Protective Services in the manner provided | ||
for the delivery of a missing child by Section 262.007(c). | ||
SECTION 3. Chapter 37, Penal Code, is amended by adding | ||
Section 37.14 to read as follows: | ||
Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY | ||
DETERMINATION MADE IN FOREIGN COUNTRY. (a) For purposes of this | ||
section, "child custody determination" has the meaning assigned by | ||
Section 152.102, Family Code. | ||
(b) A person commits an offense if the person knowingly | ||
makes or causes to be made a false statement relating to a child | ||
custody determination made in a foreign country during a hearing | ||
held under Chapter 152 or Subchapter I, Chapter 153, Family Code. | ||
(c) An offense under this section is a felony of the third | ||
degree. | ||
SECTION 4. Section 152.311(f), Family Code, is repealed. | ||
SECTION 5. This Act takes effect September 1, 2011. |