H.B. No. 95
 
 
 
 
AN ACT
  relating to interference with child custody in violation of a
  temporary child custody order; imposing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 25.03(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person takes or
  retains a child younger than 18 years when the person:
               (1)  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; or
               (2)  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, without the permission of the court and
  with the intent to deprive the court of authority over the child.
         SECTION 2.  Section 25.031(a), Penal Code, is amended to
  read as follows:
         (a)  A person commits an offense if the person agrees, for
  remuneration or the promise of remuneration, to abduct a child
  younger than 18 years of age by force, threat of force,
  misrepresentation, stealth, or unlawful entry, knowing that the
  child is under the care and control of a person having custody or
  physical possession of the child under a court order, including a
  temporary order, or under the care and control of another person who
  is exercising care and control with the consent of a person having
  custody or physical possession under a court order, including a
  temporary order.
         SECTION 3.  The change in law made 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 when 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 was
  committed before that date.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 95 was passed by the House on April
  17, 2007, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 95 was passed by the Senate on May 18,
  2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor