HBA-SEB H.B. 735 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 735
By: Goodman
Juvenile Justice and Family Issues
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Approximately thirty years ago, the United States Congress passed the
Uniform Child Custody Jurisdiction Act (UCCJA), which all 50 states, the
District of Columbia, and the Virgin Islands in turn adopted.  Because some
provisions of the UCCJA proved unclear or produced inconsistent results
through litigation, Congress approved the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA) in 1997.  H.B. 735 presents the
UCCJEA to the 76th Texas Legislature for adoption.  The UCCJEA combines
child custody jurisdiction and enforcement and incorporates some standards
from the federal Parental Kidnaping Prevention Act (PKPA).   

Regarding the jurisdictional provisions of the UCCJEA, this Act revises the
child custody jurisdiction law to prioritize home state jurisdiction, as
does the PKPA, clarifies emergency jurisdiction, and addresses a state's
exclusive continuing jurisdiction in a child custody case.  From the
enforcement aspect, the UCCJEA implements a procedure for registering a
child custody determination in another state, remedies habeas corpus
issues, provides a warrant to take physical possession of the child if a
court believes that a custodial parent may flee or harm the child, and
establishes a role for public authorities in the enforcement process.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 152, Family Code, as follows:

CHAPTER 152.  New Title:  UNIFORM CHILD CUSTODY AND ENFORCEMENT ACT

SUBCHAPTER A.  APPLICATION AND CONSTRUCTION

Sec. 152.001.  APPLICATION AND CONSTRUCTION.  Requires that this chapter be
applied and construed to promote the uniformity of the law among the states
that enact it. 

SUBCHAPTER B.  GENERAL PROVISIONS

Sec. 152.101.  SHORT TITLE.  Authorizes this chapter to be cited as the
Uniform Child Custody Jurisdiction and Enforcement Act. 

Sec. 152.102.  DEFINITIONS.  Defines "abandoned," "child," "child custody
determination," "child custody proceeding," "commencement," "court," "home
state," "initial determination," "issuing court," "issuing state,"
"modification," "person acting as a parent," "physical custody," "tribe,"
and "warrant." 

Sec. 152.103.  PROCEEDINGS GOVERNED BY OTHER LAW.  Establishes that this
chapter does not govern an adoption proceeding or a proceeding pertaining
to the authorization of emergency medical care for a child. 

 Sec. 152.104.  APPLICATION TO INDIAN TRIBES.  Provides that a child
custody proceeding that pertains to an Indian child as defined by the
Indian Child Welfare Act (25 U.S.C. Section 1901 et seq.) is not subject to
this chapter to the extent that it is governed by that Act.  Requires a
court of this state to treat a tribe as if it were a state of the United
States for the purposes of applying this subchapter and Subchapter C.
Establishes that a child custody determination made by a tribe under
factual circumstances in substantial conformity with the jurisdictional
standards of this chapter be recognized and enforced under Subchapter D.   

Sec. 152.105.  INTERNATIONAL APPLICATION OF CHAPTER.  Requires a court of
this state to treat a foreign country as if it were a state of the United
States for purposes of applying this subchapter and Subchapter C.
Establishes that a child custody determination made in a foreign country
under factual circumstances in substantial conformity with the
jurisdictional standards of this chapter be recognized and enforced under
Subchapter D, except if the child custody law of a foreign country violates
fundamental principles of human rights.   

Sec. 152.106.  EFFECT OF CHILD CUSTODY DETERMINATION.  Provides that a
child custody determination made by a court of this state that had
jurisdiction under this chapter binds all persons who have been served in
accordance with the laws of this state or notified in accordance with
Section 152.108 or who have submitted to the jurisdiction of the court and
who have been given an opportunity to be heard.   Establishes that the
determination is conclusive as to all decided issues of law and fact except
to the extent the determination is modified. 

Sec. 152.107.  PRIORITY.  Provides that a question of existence or exercise
of jurisdiction under this chapter raised in a child custody proceeding be
given priority on the calendar and handled expeditiously upon request of a
party. 

Sec. 152.108.  NOTICE TO PERSONS OUTSIDE STATE.  Authorizes notice required
for the exercise of jurisdiction to be given in a manner prescribed by the
law of this state for service of process or by the law of the state in
which the service is made.  Provides that notice be given in a manner
reasonably calculated to give actual notice, but authorizes notice to be
given by publication if other means are not effective.  Authorizes proof of
service to be made in the manner prescribed by either the law of this state
or the law of the state where the service is made.  Establishes that notice
is not required for the exercise of jurisdiction with respect to a person
who submits to the jurisdiction of the court. 

Sec. 152.109.  APPEARANCE AND LIMITED IMMUNITY.   (a)  Provides that being
physically present for the purpose of participating in a child custody
proceeding, including a modification proceeding, or being a petitioner
respondent in a proceeding to enforce or register a child custody
determination does not establish personal jurisdiction in this state. 

(b)  Establishes that a person subject to personal jurisdiction in this
state on a basis other than physical presence is not immune from service of
process in this state, nor is a party present in this state immune from
service of process allowed under the laws of another state if the person is
subject to the jurisdiction of that state. 

(c)  Provides that the immunity granted by Subsection (a) does not extend
to civil litigation based on acts committed by an individual while present
in this state and unrelated to the participation in a proceeding under this
chapter. 

Sec. 152.110.  COMMUNICATION BETWEEN COURTS.  Defines "record."  Authorizes
a court of this state to communicate with a court of another state
concerning a proceeding arising under this chapter.  Authorizes the court
to allow the parties to participate in the communication or, if the parties
are unable to participate, to be given the opportunity to present facts and
legal arguments before a decision on jurisdiction is made.  Authorizes
communications between courts on schedules, calendars, court records, and
similar matters to occur without informing the parties and without making a
record of the communications.  Provides that, aside from the previous
exceptions, a record must be made of a communication under this section and
the parties given notice of and access to the record of the communication. 

Sec. 152.111.  TAKING TESTIMONY IN ANOTHER STATE.  Authorizes a party to a
child custody proceeding to offer the testimony of witnesses located in
another state, including testimony of the parties and the child, by
deposition or other means allowed in this state for testimony taken in
another state.  Authorizes the court to order that the testimony be taken
in another state and to prescribe the methods for taking the testimony.
Authorizes a court of this state to permit a person residing in another
state to be deposed or to testify by telephone, audiovisual means, or other
electronic means before a designated court or at another location in that
state.  Requires a court of this state to cooperate with courts of other
states in designating locations for the deposition or testimony.  Prohibits
documentary evidence transmitted technologically from a court of another
state to a court of this state from being excluded from evidence on an
objection based on the means of transmission.    

Sec. 152.112.  COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS. (a)
Authorizes a court of this state to request the appropriate court of
another state to hold an evidentiary hearing; to order a person to produce
or give evidence pursuant to procedures of that state; to order an
evaluation to be made for a pending child custody proceeding; to forward to
the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared
in compliance with the request; and to order a party to a child custody
proceeding or any person having physical custody of the child to appear in
the proceeding with or without the child. 

(b)  Authorizes a court of this state to hold a hearing or to enter an
order described in Subsection (a) upon request of a court of another state. 

(c)  Authorizes travel and other necessary and reasonable expenses incurred
under Subsections (a) and (b) to be assessed against the parties according
to the law of this state. 

(d)  Requires a court of this state to preserve the pertinent records with
respect to a child custody proceeding until the child reaches age 18.
Requires the court to forward a certified copy of those records upon
appropriate request by a court or law enforcement official of another
state. 

SUBCHAPTER C.  JURISDICTION

Sec. 152.201.  INITIAL CHILD CUSTODY JURISDICTION.  (a)  Establishes that,
except as otherwise provided by Section 152.204, a court of this state has
jurisdiction to make an initial child custody determination only if this
state is the child's home state or was the child's home state within six
months prior to the commencement of the proceeding and a parent or person
acting as a parent continues to live in this state; a court of another
state does not have home state jurisdiction or has declined to exercise
jurisdiction because this state would be a more appropriate forum for the
proceeding under Section 152.207 or 152.208, the child and at least one
parent or person acting as a parent have a significant connection with this
state other than mere physical presence, and substantial evidence is
available in this state concerning the child's care, protection, training,
and personal relationships; all courts having aforementioned jurisdiction
have declined to exercise jurisdiction because this state is the more
appropriate forum to determine the child's custody under Section 152.207 or
152.208; or no court of any other state would have jurisdiction under the
criteria specified in this subsection. 

(b)  Provides that Subsection (a) is the exclusive jurisdictional basis for
making a child custody determination by a court of this state. 

(c)  Establishes that physical presence of or personal jurisdiction over a
child is not necessary or sufficient to make a child custody determination. 

 Sec. 152.202.  EXCLUSIVE CONTINUING JURISDICTION.  Establishes that,
except as otherwise provided by Section 152.204, a court of this state that
made a child custody determination consistent with Section 152.201 or
152.203 has exclusive continuing jurisdiction over the determination until
a court of this state determines that the child, the child's parents, and
any person acting as a parent no longer have a significant connection with
this state and that substantial evidence concerning the child's care,
protection, training, and personal relationships is not available, or until
a court of this or another state determines that the child, the child's
parents, and any person acting as a parent no longer reside in this state.
Authorizes a court of this state to modify a child custody determination if
the court does not have exclusive continuing jurisdiction under this
section and if it has jurisdiction to make an initial child custody
determination under Section 152.201. 

Sec. 152.203.  JURISDICTION TO MODIFY DETERMINATION.   Prohibits a court of
this state from modifying a child custody determination made by a court of
another state, except as otherwise provided by Section 152.204, unless a
court of this state has jurisdiction to make an initial determination under
Section 152.201(a)(1) or (2), and the court of the other state determines
it no longer has exclusive continuing jurisdiction under Section 152.202,
or that a court of this state would be a more convenient forum under
Section 152.207, or a court of this or another state determines that the
child, the child's parents, or any person acting as a parent do not
presumably reside in the other state. 

Sec. 152.204.  TEMPORARY EMERGENCY JURISDICTION.  (a)  Establishes that a
court of this state has temporary emergency jurisdiction if the child is
present in this state and has been abandoned or needs protection because
the child, a sibling, or a parent of the child is subjected to or
threatened with mistreatment or abuse. 

(b)  Provides that a child custody determination made under this section
remains in effect until an order is obtained from a court of a state having
jurisdiction under Sections 152.201 through 152.203, if a proceeding has
not commenced in another state having jurisdiction under those sections and
no previous child custody determination is entitled to be enforced under
this chapter.  Establishes that, if a child custody proceeding has not
commenced in a state having jurisdiction under Sections 152.201 through
152.203, a child custody determination made under this section becomes
final, if it so provides and if this state becomes the home of the child. 

(c)  Establishes that any order issued in a child custody proceeding by a
court of this state under this section must specify a period that the court
considers adequate to allow a person seeking an order in a court of another
state with jurisdiction under Sections 152.201 through 152.203 to obtain
that order if the proceeding has commenced in the other court or there is a
previous child custody determination that is entitled to be enforced under
this chapter.  Specifies that the order issued in this state remains in
effect until an order is obtained from the other state within the period
specified or until the period expires. 

(d)  Requires a court of this state which has been asked to make a child
custody determination under this section to immediately communicate with a
court of another state having jurisdiction under Sections 152.201 through
152.203 upon being informed that the other court has commenced a child
custody proceeding or has made a determination. Requires a court of this
state exercising jurisdiction under Sections 152.201 through 152.203 to
immediately communicate with a court of another state upon being informed
that the other court has commenced a proceeding or has made a determination
under a statute similar to this section.  The purpose of the communication
is to resolve the emergency, protect the safety of the parties and the
child, and determine a period for the duration of the temporary order. 

Sec. 152.205.  NOTICE; OPPORTUNITY TO BE HEARD; JOINDER.  Provides that
notice and an opportunity to be heard in accordance with Section 152.108 be
given to all persons entitled to notice under the law of this state for
child custody proceedings before a determination is made under this
chapter.  Specifies that this chapter does not govern the  enforceability
of a child custody determination made without notice or an opportunity to
be heard.  Establishes that the law of this state governs the obligation to
join a party and the right to intervene as a party in a child custody
proceeding under this chapter as in child custody proceedings between
residents of this state. 

Sec. 152.206.  SIMULTANEOUS PROCEEDINGS.  Prohibits a court of this state
from exercising its jurisdiction under this subchapter if, at the
commencement of the child custody proceeding, a court of another state
having jurisdiction substantially in conformity with this chapter has
commenced a proceeding, unless the other court has terminated or stayed the
proceeding because a court of this state is a more convenient forum under
Section 152.207, except as otherwise provided by Section 152.204.  Requires
a court of this state, except as otherwise provided by Section 152.204, to
examine the court documents and other information supplied by the parties
pursuant to Section 152.209, before hearing a child custody proceeding.
Requires a court of this state to stay its proceeding and to communicate
with the court of another state having jurisdiction substantially in
accordance with this chapter if the court determines that the other court
has commenced a proceeding.  Requires the court of this state to dismiss
the proceeding if the other court does not determine that the court of this
state is a more appropriate forum.  Requires a court of this state, in a
child custody determination modification proceeding, to determine whether a
proceeding has commenced in another state.  Authorizes the court, if the
proceeding has commenced, to stay the proceeding for modification pending
the entry of an order of a court of the other state enforcing, staying,
denying, or dismissing the proceeding for enforcement; to enjoin the
parties from continuing with the proceeding for enforcement; or to proceed
with the modifications under conditions it considers appropriate. 

Sec. 152.207.  INCONVENIENT FORUM.  (a)  Authorizes a court of this state
with jurisdiction to make a child custody determination under this chapter
to decline to exercise that jurisdiction if it determines that it is an
inconvenient forum and a court of another state is a more appropriate
forum.  Authorizes the issue of inconvenient forum to be raised upon motion
of a party or the court or at the request of another court. 

(b)  Requires a court of this state to consider whether it is appropriate
for a court of another state to exercise jurisdiction before determining if
the court is an inconvenient forum.  Requires the court to allow the
parties to submit information and to consider all relevant factors,
including the likelihood of domestic violence and which state could best
protect the child and the parties, the length of time the child has resided
outside this state, the distance between the court in this state and the
court in the state that would assume jurisdiction, the relative financial
circumstances of the parties, any agreement of the parties as to which
state should assume jurisdiction, the nature and location of the evidence
to resolve the pending litigation such as the child's testimony, the
ability of each court to decide the issue expeditiously and the procedures
necessary to present the evidence, and the familiarity of each court with
the facts and issues in the pending litigation. 

(c)  Requires a court of this state that has determined that a court of
another state is a more appropriate forum to stay the proceeding upon
condition that a proceeding promptly commence in another designated state.
Authorizes the court of this state to impose any other condition the court
considers just and proper. 

(d)  Authorizes a court of this state to decline to exercise its
jurisdiction under this chapter if a child custody determination is
incidental to an action for divorce or another proceeding while still
retaining jurisdiction over the divorce or other proceeding. 

Sec. 152.208.  JURISDICTION DECLINED BY REASON OF CONDUCT.  (a)  Requires a
court of this state, except as otherwise provided by Section 152.204, to
decline to exercise its jurisdiction if the court has jurisdiction under
this chapter because a person seeking to invoke its jurisdiction has
engaged in unjustifiable conduct unless the parents and all persons acting
as parents have acquiesced in the exercise of jurisdiction, a court of the
state otherwise having jurisdiction under Sections 152.201 through 152.203
determines that this state is the  more appropriate forum under Section
152.207, or no court of any other state would have jurisdiction under
Sections 152.201 through 152.203.   

(b)  Authorizes a court of this state which has declined to exercise its
jurisdiction under this section to fashion an appropriate remedy to ensure
the child's safety and to prevent a repetition of the unjustifiable
conduct, including staying the proceeding until a child custody proceeding
is commenced in a court having jurisdiction.   

(c)  Requires a court which has dismissed a petition or stayed a proceeding
because it has declined to exercise its jurisdiction under this section to
assess necessary and reasonable expenses against the party seeking to
invoke its jurisdiction, unless the party  establishes that the assessment
would be inappropriate.  Prohibits the court from assessing expenses
against this state unless authorized by a law other than this chapter. 

Sec. 152.209.  INFORMATION TO BE SUBMITTED TO COURT.  (a)  Requires each
party to a child custody proceeding to give information under oath in its
first pleading or in an attached affidavit regarding the child's
whereabouts, the places where the child has lived for the past five years,
and the names and present addresses of the persons with whom the child has
lived during that period, subject to local law providing for the
confidentiality of identifying information.  Provides that the pleading or
affidavit state whether the party has participated in any capacity in any
other proceeding concerning the custody of or visitation with the child and
if so, the identifying information of the case; whether the party knows of
any proceeding that could affect the current proceeding and if so, the
identifying information of the case; and whether the party knows the names
and addresses of any person not a party to the proceeding who has physical
custody of the child or claims visitation or custody rights and if so, the
names and addresses of those persons. 

(b)  Authorizes the court to stay the proceeding upon motion of a party or
its own motion until each party furnishes the information required by
Subsection (a). 

(c)  Requires the declarant of  any affirmative information described in
Subsection (a) to give additional information under oath as required by the
court.  Authorizes the court to examine the parties under oath for details
of the information and other matters pertinent to the court's jurisdiction
and disposition of the case. 

(d)  Provides that each party has a continuing duty to inform the court of
any proceeding in this or another state that could affect the current
proceeding. 

(e)  Establishes that identifying information be sealed if a party alleges
that the health, safety, or liberty of a party or child would be
jeopardized upon disclosure of identifying information.  Prohibits the
information from being disclosed to the other party or to the public unless
the court orders the disclosure to be made after a hearing in which a court
determines that the disclosure is in the interest of justice. 

Sec. 152.210.  APPEARANCE OF PARTIES AND CHILD.  Authorizes a court in a
child custody proceeding in this state to order a party who is in this
state to appear before the court with or without the child.  Authorizes the
court to order any person who is in this state and who has physical custody
or control of the child to appear in person with the child. Authorizes the
court to order that notice given under Section 152.108 include a statement
directing the party in another state to appear in person with or without
the child, and that failure to appear may result in a decision adverse to
the party.  Authorizes the court to enter any orders necessary to ensure
the safety of the child and of any person ordered to appear under this
section.  Authorizes the court to require another party to pay reasonable
and necessary travel and other expenses of a party and of the child in
another state if the party wishes to or is directed to appear personally
before the court. 

SUBCHAPTER D.  ENFORCEMENT

Sec. 152.301.  DEFINITIONS.  Defines "petitioner" and "respondent."
 
Sec. 152.302.  ENFORCEMENT UNDER HAGUE CONVENTION.  Authorizes a court of
this state under this subchapter to enforce an order for the return of the
child made under the Hague Convention on the Civil Aspects of the
International Child Abduction as if it were a child custody determination.

Sec. 152.303.  DUTY TO ENFORCE.  Requires a court of this state to
recognize and enforce a child custody determination of a court of another
state if the other court exercised jurisdiction in substantial conformity
with this chapter or the determination was made under factual circumstances
meeting the jurisdictional standards of this chapter and the determination
has not been modified in accordance with this chapter.  Authorizes a court
of this state to use any remedy available under other law of this state to
enforce a determination made by a court of another state.  Establishes that
the remedies provided in this subchapter are cumulative and do not affect
the availability of other remedies to enforce a determination. 

Sec. 152.304.  TEMPORARY VISITATION.  Authorizes a court of this state
which does not have jurisdiction to modify a child custody determination to
issue a temporary order enforcing a visitation schedule made by a court of
another state or the visitation provisions of a child custody determination
of another state that does not provide for a specific visitation schedule.
Requires the court, in the temporary order enforcing the visitation
provisions, to specify a time period that the court considers adequate to
allow the petitioner to obtain an order from a court having jurisdiction
under Subchapter C.  Provides that the order remains in effect until an
order is obtained from the other court or the period expires. 

Sec. 152.305.  REGISTRATION OF CHILD CUSTODY DETERMINATION.   (a)
Authorizes a child custody determination issued by a court of another state
to be registered in this state, with or without a simultaneous request for
enforcement, by sending to the appropriate court in this state a letter or
other document requesting registration, one certified copy out of two
copies of the determination sought to be registered, a statement that the
order has not been modified, and the name and address of the person seeking
registration and any parent or person acting as a parent who has been
awarded custody or visitation in the determination that is sought to be
registered, except as otherwise provided in Section 152.209. 

(b)  Requires the registering court to cause the determination to be filed
as a foreign judgment with one copy of any accompanying information and to
serve notice upon the person seeking registration and parent or any person
acting as a parent who has been awarded custody or visitation and to
provide them with an opportunity to contest the registration in accordance
with this section. 

(c)  Provides that the notice required by Subsection (b) state that a
registered determination is enforceable as of the date of registration in
the same manner as a determination issued by a court of this state, a
hearing to contest the validity of the registered determination must be
requested within 20 days after service of notice, and failure to contest
the registration will result in confirmation of the determination and
preclude further contest of that determination with respect to any matter
that could have been asserted. 

(d)  Establishes that a person request a hearing to contest the validity of
a registered order within 20 days after service of the notice.  Requires
the court to confirm the registered order at the hearing unless the person
contesting registration establishes that the issuing court did not have
jurisdiction under Subchapter C; the determination has been vacated,
stayed, or modified by a court having jurisdiction under Subchapter C; or
the person contesting the registration was not given the notice to which
the person was entitled in accordance with the standards of Section
152.108, in the proceedings before the court that issued the order for
which registration is sought.   

(e)  Provides that if a timely request for a hearing to contest the
validity of a registration is not made, the registration is confirmed as a
matter of law and the person requesting  registration and all persons
served must be notified of the confirmation. 

(f)  Specifies that confirmation of a registered order precludes further
contest of the order with respect to any matter that could have been
asserted at the time of registration. 

Sec. 152.306.  ENFORCEMENT OF REGISTERED DETERMINATION.  Authorizes a court
of this state to grant any relief normally available under the law of this
state to enforce a child custody determination made by a court of another
state.  Requires a court of this state to recognize and enforce a
registered child custody determination of a court of another state.
Prohibits a court of this state from modifying such a determination except
in accordance with Subchapter C. 

Sec. 152.307.  SIMULTANEOUS PROCEEDINGS.  Requires a court of this state
conducting a proceeding for enforcement under this subchapter to
immediately communicate with the court of another state in which a
proceeding for modifying the determination under Subchapter C is pending.
Provides that the proceeding for enforcement continues unless the enforcing
court stays or dismisses the proceeding after consulting with the modifying
court. 

Sec. 152.308.  EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION.  (a)
Provides that certified copies or copies of certified copies of all orders
sought to be enforced and of any order confirming registration be attached
to a verified petition under this subchapter.  

(b)  Specifies that a petition for enforcement of a child custody
determination state whether the court that issued the determination
identified the jurisdictional basis upon which it relied and if so, what
the basis was; whether the determination for which enforcement is sought
has been vacated, stayed, or modified by a court whose decision must be
enforced under this chapter and if so, the identifying information about
the case; whether any proceeding has commenced that could affect the
current proceeding and if so, the identifying information about the case;
the present physical address of the child and the respondent, if known;
whether relief in addition to the immediate physical custody of the child
and attorney's fees is sought and if so, the relief sought; and the date
and place of registration if the child custody determination has been
registered and confirmed under Section 152.305. 

(c)  Requires the court, upon the filing of a petition, to issue an order
directing the respondent to appear in person with or without the child at a
hearing, and authorizes the court to enter an order necessary to ensure the
safety of the parties and the child.  Provides that the hearing be held on
the next judicial day after service of the order.  Requires the court to
hold the hearing on the first judicial day possible if the previous date is
impossible.  Authorizes the court to extend the date of hearing at the
request of the petitioner. 

(d)  Establishes that an order issued under Subsection (c) state the time
and place of the hearing and advise the respondent that the court will
award the petitioner immediate physical custody of the child, order the
payment of expenses under Section 152.312, and may schedule a hearing to
determine whether further relief is appropriate unless the respondent
appears and establishes specific information about the child custody
determination for which enforcement is sought. 

Sec. 152.309.  SERVICE OF PETITION AND ORDER.  Establishes that the
petition and order be served upon the respondent and  any person who has
physical custody of the child by any method authorized by the law of this
state, except as provided by Section 152.311. 

Sec. 152.310.  HEARING AND ORDER.  Requires the court to order the
petitioner to take immediate physical custody of the child, unless the
court issues a temporary emergency order or unless the respondent
establishes specific information about the child custody determination for
which enforcement is sought.  Requires the court to award the expenses
authorized under Section 152.312.  Authorizes the court to grant additional
relief, including  a request for the assistance of law enforcement
officials, and to set a further hearing to determine whether additional
relief is appropriate.  Authorizes the court to draw an adverse inference
if a party called to testify refuses to answer because the testimony may be
selfincriminating.  Prohibits a privilege against disclosure of
communications between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child from being invoked
under this subchapter.  

Sec. 152.311.  WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD.  (a)  Authorizes
a petitioner, upon filing a petition seeking enforcement of a child custody
determination, to file a verified application for the issuance of a warrant
to take physical custody of the child if the child is imminently likely to
suffer serious physical harm or be removed from this state. 

(b)  Authorizes the court to issue a warrant to take physical custody of
the child if the court finds that, based on the testimony of the petitioner
or other witnesses, the child is imminently likely to suffer serious
physical harm or be removed from this state.  Requires the court to hold a
hearing to hear the petition on the first judicial day possible if the
judicial day after the execution of the warrant is impossible.  Provides
that the application for the warrant must include the statements required
by Section 152.308(b). 

(c)  Specifies that the warrant recite the facts upon which a conclusion of
imminent serious physical harm or removal from the jurisdiction is based,
direct law enforcement officers to immediately take physical custody of the
child, and provide for the placement of the child pending final relief. 

(d)  Establishes that the respondent be served with the petition, warrant,
and order immediately after the child is taken into physical custody. 

(e)  Establishes that a warrant to take physical custody of a child is
enforceable throughout this state.  Authorizes the court to authorize law
enforcement officers to enter private property to take physical custody of
the child if the court finds that a less intrusive remedy is not effective.
Authorizes the court to authorize law enforcement officers to make a
forcible entry at any hour if required by exigent circumstances of the
case. 

(f)  Authorizes the court to impose conditions upon placement of a child to
ensure the appearance of the child and the child's custodian. 

Sec. 152.312.  COSTS, FEES, AND EXPENSES.  Requires the court to award the
prevailing party, including a state, necessary and reasonable expenses
incurred by or on behalf of the party unless the party from whom the fees
are sought establishes that the award would be clearly inappropriate.
Prohibits the court from assessing fees, costs, or expenses against a state
unless authorized by law other than this chapter. 

Sec. 152.313.  RECOGNITION AND ENFORCEMENT.  Requires a court of this state
to accord full faith and credit to an order issued by another state and
consistent with this chapter which enforces a child custody determination
by a court of another state, unless the order has been vacated, stayed, or
modified by a court having jurisdiction to do so under Subchapter C. 

Sec. 152.314.  APPEALS.  Authorizes an appeal to be taken from a final
order in a proceeding under this subchapter in accordance with expedited
appellate procedures in other civil cases.  Prohibits the enforcing court
from staying an order enforcing a child custody determination pending
appeal, unless the court enters a temporary emergency order under Section
152.204. 

Sec. 152.315.  ROLE OF PROSECUTOR OR PUBLIC OFFICIAL.  Authorizes the
prosecutor or other appropriate public official, in a case arising under
this chapter or involving the Hague Convention on the Civil Aspects of
International Child Abduction, to take lawful action, including resorting
to a proceeding under this subchapter or any other available civil
proceeding to locate a child, obtain the return of a child, or enforce a
child  custody determination in specific circumstances.  Prohibits a
prosecutor or appropriate public official from representing any party if
the official is acting under this section. 

Sec. 152.316.  ROLE OF LAW ENFORCEMENT.  Authorizes a law enforcement
officer to take any lawful action reasonably necessary to locate a child or
a party and assist a prosecutor or appropriate public official with
responsibilities under Section 152.315 at the official's request.  

Sec. 152.317.  COSTS AND EXPENSES.  Authorizes the court to assess all
direct expenses incurred by the appropriate public officials under Section
152.315 or 152.316 against the respondent if the respondent is not the
prevailing party. 

Deletes existing Sections 152.001 through 152.025.

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.