S.B. No. 1490
 
 
 
 
AN ACT
  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; [and]
               (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 [provide for the placement of the child pending
  final relief].
         (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.  Subsection (f), Section 152.311, Family Code, is
  repealed.
         SECTION 5.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1490 passed the Senate on
  April 12, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1490 passed the House on
  May 5, 2011, by the following vote:  Yeas 144, Nays 1, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor