85R13668 JSC-F     By: White H.B. No. 3883       A BILL TO BE ENTITLED   AN ACT   relating to interference with possession of or access to a child;   providing penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 157.001, Family Code, is amended by   amending Subsections (a) and (b) and adding Subsections (f) and (g)   to read as follows:          (a)  A motion for enforcement as provided in this chapter may   be filed to enforce any provision of a temporary or final order   rendered in a suit or an agreement under Rule 11, Texas Rules of   Civil Procedure.          (b)  The court may enforce by contempt any provision of a   temporary or final order or an agreement under Rule 11, Texas Rules   of Civil Procedure.          (f)  The court may render a temporary order for possession of   or access to a child for the purpose of enforcing an order   previously rendered by the court without a party initiating a   modification proceeding.          (g)  A parent or conservator who interferes with or denies a   parent or conservator possession of or access to a child to which   the parent or conservator is entitled under a court order is subject   to:                (1)  prosecution under Section 25.03, Penal Code, if   the conduct of the parent or conservator violates that section; and                (2)  liability to the party who was deprived of   possession of or access to the child.          SECTION 2.  Subchapter A, Chapter 157, Family Code, is   amended by adding Section 157.0021 to read as follows:          Sec. 157.0021.  MOTION TO EXPEDITE ENFORCEMENT OF POSSESSION   ORDER. (a)  If a party alleges that the other party has engaged in   conduct that violates Section 25.03, Penal Code, such that the   petitioner was deprived of possession of or access to the child, the   party may file a motion to expedite enforcement under this section.          (b)  A motion under this section must be in substantially the   following form:   IN THE DISTRICT COURT OF ____________________ COUNTY   STATE OF TEXAS   _____________________, Petitioner/Plaintiff,   v.   _____________________, Respondent, Defendant.   Case No.______________________   Assigned Judge_________________________   MOTION FOR EXPEDITED ENFORCEMENT OF POSSESSION ORDER          The undersigned conservator in the above case moves the   court, pursuant to the provisions of Chapter 157, Family Code, to   enforce possession or access time and rights, to which the   petitioner is entitled under a court order, that have been denied or   otherwise interfered with by the respondent. The name(s) and age(s)   of the child(ren) to which my possession or access time and rights   have been denied or interfered with are:   Name of Child:_________________________   Date of Birth:_________________________   Name of Child:_________________________   Date of Birth:_________________________   (Attach additional pages as necessary).          The first date of denial or interference with my   possession  or access time with the child(ren) was:   ____________________________________________________________.          I attempted to take possession of or have access to the   child(ren) by:___________________________________ according to my   order as stated as follows:___________________________________.          The next date of denial or interference with my   possession  or access time with the child(ren) was:   _____________________________________________________________.          I attempted to take possession of or have access to the   child(ren) by:___________________________________ according to my   order as stated as follows:___________________________________.   (Attach additional pages as necessary).          The total number of times that my possession or access time   was denied or interfered with was:_______________________.          I am moving the court to enforce my order dated ____________   and signed by ______________________ and filed on   _________________.          I am asking the court for the following remedies, (select the   remedies the petitioner is seeking):                (1)  A specific enforceable time schedule compensating   possession or access time for the time denied or otherwise   interfered with, which time shall be of the same type (e.g.,   holiday, weekday, weekend, summer) or as otherwise agreed on by the   deprived conservator, and shall be at the convenience of the   deprived conservator.                (2)  Awarding of reasonable enforcement costs to the   deprived conservator, including attorney's fees, costs of court,   and costs for bringing this action.                (3)  A specific possession or access time schedule,   enforceable by contempt of court.                (4)  A fine not to exceed $500 per incident.          And further the petitioner requests the court to order one or   more of the following (select requested actions by court):                (1)  Posting of a bond of cash or with sufficient   sureties, conditioned on compliance with the order specifying   possession or access.                (2)  Attendance of counseling or educational sessions   that focus on the impact of possession or access disputes on   children and costs charged to the violating conservator.                (3)  Supervised visitation.                (4)  Any other remedy the court considers appropriate   (specify) __________________.          Final disposition of a motion filed pursuant to this section   shall take place no later than 45 days after filing of the motion.          I have attached an affidavit stating the specific details as   to how and when my possession or access time and rights with the   child(ren) was denied.          Signed under penalties of perjury this _________________ day   of __________________, 20_______.   My Signature:____________________________   My Full Name:_____________________________________________   My Mailing Address:_______________________________________   My Telephone Numbers:_____________________________________   The last four digits of my social security   number:___________________   The last four digits of my driver's license:____________________   The last four digits of the social security number of the   respondent, if known:___________________   The last known address of the   respondent:______________________________________          Subscribed and sworn to before me this __________ day of   ______________, 20_______________.   Notary Public (or Clerk or Judge) Name and Signature   _______________________________________________________________.   My Commission Expires:_______________________________.          (c)  A respondent's order to appear following a motion under   this section must be in substantially the following form:   ORDER TO APPEAR          The State of Texas, to the within-named respondent: You are   hereby directed to appear and answer the foregoing claim and to have   with you all books, papers, and witnesses needed by you to establish   your defense to the claim.          This matter shall be heard at ____________________ (name or   address of building), in _______________, County of ____________,   State of Texas, at _____ (time) of the _______________ day of   ______________, 20_________.          And you are further notified that in case you do not so appear   judgment may be entered against you as follows:          For the enforcement or modification of possession of or   access to a child as requested by the petitioner.          And, in addition, for costs of the action (including   attorney's fees where provided by law), including costs of service   of the order.          A fine of up to $500 for each incident of violation.   Dated this _______ day of ___________, 20___________.   Clerk of the Court (or Judge) ___________________________________.          A copy of this order must be mailed by certified mail, return   receipt requested, to the respondent and return of service brought   to the hearing.          A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL   FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A   MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.          SECTION 3.  Section 157.061(b), Family Code, is amended to   read as follows:          (b)  If the motion for enforcement does not request contempt,   the court shall set the motion for hearing on the request of a party   not later than the 14th day after the date the party makes the   request.          SECTION 4.  Section 157.062(c), Family Code, is amended to   read as follows:          (c)  Notice of hearing on a motion for enforcement of a final   order, temporary order, or agreement under Rule 11, Texas Rules of   Civil Procedure, providing for child support or possession of or   access to a child, any provision of a final order rendered against a   party who has already appeared in a suit under this title, or any   provision of a temporary order shall be given to the respondent not   later than the 10th day before the date of the hearing by personal   service of a copy of the motion and notice or through certified mail   to the last known address of the respondent as recorded by the court   [not later than the 10th day before the date of the hearing].  For   purposes of this subsection, "temporary order" includes a temporary   restraining order, standing order, injunction, and any other   temporary order rendered by a court.          SECTION 5.  Section 157.166, Family Code, is amended by   adding Subsection (d) to read as follows:          (d)  An order granted under this section must contain the   following statement:          WARNING TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR   POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION   TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF ANY   VIOLATION OF THIS ORDER SHALL BE PUNISHED.          SECTION 6.  Subchapter D, Chapter 157, Family Code, is   amended by adding Section 157.169 to read as follows:          Sec. 157.169.  ADDITIONAL REMEDIES. If the court finds that   a party has engaged in conduct described by Section 25.03, Penal   Code, a court may order one or more of the following remedies:                (1)  a fine not to exceed $500 for each incident of   interference or denial of possession or access time;                (2)  a specific possession or access schedule,   enforceable by contempt;                (3)  posting of a bond by cash or with sufficient   sureties, conditioned on compliance with the order specifying   possession or access;                (4)  attendance of counseling or educational sessions   that focus on the impact of possession and access disputes on   children;                (5)  supervised visitation; or                (6)  any other remedy the court considers appropriate,   which may include an order which modifies a prior order specifying   possession of or access to the child.          SECTION 7.  Section 25.03, Penal Code, is amended by   amending Subsections (a), (b), (c), (c-1), and (c-2) and adding   Subsections (b-1) and (b-2) to read as follows:          (a)  A person commits an offense if the person takes or   retains a child younger than 18 years of age:                (1)  when the person knows that the person's taking or   retention violates the express terms of a judgment or order,   including a temporary order, of a court disposing of the child's   custody;                (2)  when the person has not been awarded custody of the   child by a court of competent jurisdiction, knows that a suit for   divorce or a civil suit or application for habeas corpus to dispose   of the child's custody has been filed, and takes the child out of   the geographic area of the counties composing the judicial district   if the court is a district court or the county if the court is a   statutory county court:                      (A)  [,] without the permission of the court and   with the intent to deprive the court of authority over the child; or                      (B)  without the permission of each parent,   managing conservator, or guardian of the child;                (3)  outside of the United States with the intent to   deprive a person entitled to possession of or access to the child of   that possession or access and without the permission of that   person; or                (4)  during a period of possession or access granted by   the court under a judgment or order to a parent, conservator, or   guardian of the child with the intent to:                      (A)  violate a court judgment or order; and                      (B)  prevent the parent, conservator, or guardian   of the child from having custody of the child during the period of   possession of or access to the child granted by the court.          (b)  A person [noncustodial parent] commits an offense if,   with the intent to interfere with the lawful custody of a child   younger than 18 years, the person [noncustodial parent] knowingly   entices or persuades the child to leave the custody of the person   who is entitled to custody of the child at the time of the offense,   including the [custodial] parent, guardian, or person standing in   the stead of the [custodial] parent or guardian of the child.          (b-1)  It is not a defense to prosecution under Subsection   (a)(4) that at the time of the offense the child refused to go with   the person who is entitled to custody of the child at that time.          (b-2)  It is not a defense to prosecution under Subsection   (b) that the person entitled to custody of the child is the   noncustodial parent of the child.          (c)  It is a defense to prosecution under Subsection (a)(2)   that the actor returned the child to the geographic area of the   counties composing the judicial district if the court is a district   court or the county if the court is a statutory county court, within   24 hours [three days] after the time [date] of the commission of the   offense.          (c-1)  It is an affirmative defense to prosecution under   Subsection (a)(3) or (a)(4) that:                (1)  the taking or retention of the child was pursuant   to a valid order providing for possession of or access to the child;   or                (2)  notwithstanding any violation of a valid order   providing for possession of or access to the child, the actor's   retention of the child was due only to circumstances beyond the   actor's control and:                      (A)  the actor promptly provided notice or made   reasonable attempts to provide notice of those circumstances to the   other person entitled to possession of or access to the child and to   local law enforcement in the municipality or county in which the   other person resides; and                      (B)  not later than 24 hours after the time the   violation of Subsection (a)(3) or (a)(4) occurred:                            (i)  the actor delivers the child to the   person entitled to custody or to local law enforcement; or                            (ii)  a court has issued an emergency order   authorizing the actor to retain possession of the child.          (c-2)  Subsection (a)(3) or (a)(4) does not apply if, at the   time of the offense, the actor [person taking or retaining the   child]:                (1)  was entitled to possession of or access to the   child; and                (2)  was fleeing the commission or attempted commission   of family violence, as defined by Section 71.004, Family Code,   against the child or the actor, provided that:                      (A)  a protective order under Title 4, Family   Code, or a magistrate's order for emergency protection under   Article 17.292, Code of Criminal Procedure, is in effect;                      (B)  an application for a protective order has   been filed under Title 4, Family Code; or                      (C)  not later than the 14th day after the date the   actor took or retained the child in violation of this section, the   actor filed an application for a protective order under Title 4,   Family Code [person].          SECTION 8.  Chapter 157, Family Code, as amended by this Act,   applies only to an enforcement action commenced on or after the   effective date of this Act.          SECTION 9.  Section 25.03, Penal Code, as amended by this   Act, applies only to an offense committed on or after the effective   date of this Act. An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 10.  This Act takes effect September 1, 2017.