Bill Text: TX HB834 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to regulating the custody transfer of an adopted child; creating a criminal offense.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled) 2017-05-24 - Sent to the Governor [HB834 Detail]

Download: Texas-2017-HB834-Introduced.html
  85R1241 MK-D
 
  By: Parker H.B. No. 834
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting certain actions regarding the rehoming of
  an adopted child; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 162, Family Code, is
  amended by adding Section 162.026 to read as follows:
         Sec. 162.026.  UNAUTHORIZED REHOMING OF ADOPTED CHILD;
  OFFENSE. (a) In this section, "rehome" means the placement of an
  adopted child in the permanent physical custody of a person who is
  not the child's relative without prior court approval or the
  termination of the parent-child relationship.
         (b)  Except as otherwise provided by this section, a person
  commits an offense if the person knowingly:
               (1)  rehomes an adopted child; or
               (2)  facilitates or participates in the rehoming of an
  adopted child, including by transferring, recruiting, harboring,
  transporting, providing, soliciting, or obtaining an adopted child
  for that purpose.
         (c)  An offense under this section is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the actor commits the offense with intent to commit an offense under
  Section 20A.02, 43.02, 43.05, or 43.25, Penal Code.
         (d)  This section does not apply to:
               (1)  the placement of an adopted child with a
  stepparent, a licensed child-placing agency, or the Department of
  Family and Protective Services;
               (2)  the placement of an adopted child by a licensed
  child-placing agency or the Department of Family and Protective
  Services;
               (3)  the temporary placement of an adopted child by the
  child's parent, managing conservator, or guardian for a designated
  short-term period with a specified intent and period for return of
  the child due to temporary circumstances, including:
                     (A)  a vacation;
                     (B)  a school-sponsored function or activity; or
                     (C)  the incarceration, military service, medical
  treatment, or incapacity of the parent, managing conservator, or
  guardian;
               (4)  the placement of an adopted child in another state
  in accordance with the requirements of Subchapter B; or
               (5)  the voluntary delivery of an adopted child under
  Subchapter D, Chapter 262.
         (e)  The Department of Family and Protective Services shall
  collaborate with local law enforcement to monitor and gather
  information on investigations and prosecutions under this section.
         SECTION 2.  Section 25.09(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person advertises in
  the public media that the person will:
               (1)  place a child for adoption;
               (2)  [or will] provide or obtain a child for adoption;
  or
               (3)  rehome an adopted child.
         SECTION 3.  Section 25.09(d), Penal Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Rehome" has the meaning assigned by Section
  162.026, Family Code.
         SECTION 4.  The change in law made by this Act to Section
  25.09, Penal Code, 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 was committed before that date.
         SECTION 5.  This Act takes effect September 1, 2017.
feedback