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AN ACT
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relating to the creation of an advisory panel to study certain |
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parental rights relating to possession of or access to the parent's |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PARENTAL RIGHTS ADVISORY PANEL. (a) The |
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Parental Rights Advisory Panel is established to study and provide |
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recommendations to the legislature regarding a parent's right to |
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possession of or access to the parent's child, including |
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interference with that right by the other parent, when: |
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(1) no court order for possession of or access to a |
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child is in effect or pending; and |
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(2) the party allegedly interfering with the rights of |
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a parent is not aware of any plans by the parent to seek an order for |
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possession of or access to a child. |
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(b) The panel shall specifically address the desirability |
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of potential Texas legislation: |
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(1) clarifying a parent's rights to possession of or |
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access to the parent's child in the absence of a current or pending |
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court order for possession of or access to the child; |
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(2) creating the offense of depriving a parent of |
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possession of or access to the parent's child in the absence of a |
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current or pending court order for possession of or access to the |
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child; |
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(3) implementing measures that allow for the |
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establishment of orders of possession of or access to a child while |
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protecting the rights and safety of victims of family violence and |
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the families of the victims; |
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(4) requiring schools to notify the other parent if |
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one parent unenrolls a child from the child's school; and |
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(5) relating to any other matter regarding possession |
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of or access to a child in the absence of a current or pending court |
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order relating to the possession of or access to the child. |
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(c) The advisory panel consists of nine members appointed by |
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the governor. |
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(d) When making initial appointments under Subsection (c), |
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the governor shall designate one of the appointees as presiding |
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officer of the advisory panel. |
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(e) The advisory panel shall meet not later than the 30th |
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day after the date the initial appointments are made under |
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Subsection (c) and shall meet regularly as necessary at the call of |
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the presiding officer. |
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(f) An advisory panel member is not entitled to |
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reimbursement of expenses or to compensation. |
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(g) The governor shall appoint members to the panel not |
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later than December 31, 2011. |
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(h) Not later than December 31, 2012, the advisory panel |
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shall submit to the legislature a report outlining the results of |
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its studies made under this section and its recommendations for |
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legislation. |
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SECTION 2. INAPPLICABILITY OF CERTAIN LAW. Chapter 2110, |
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Government Code, does not apply to the advisory panel established |
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under this Act. |
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SECTION 3. EXPIRATION. The advisory panel established |
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under this Act is abolished and this Act expires September 1, 2013. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2367 was passed by the House on May 5, |
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2011, by the following vote: Yeas 144, Nays 2, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2367 on May 27, 2011, by the following vote: Yeas 138, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2367 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |