89R1107 MLH-D     By: Cook, Spiller H.B. No. 1892       A BILL TO BE ENTITLED   AN ACT   relating to the Uniform Unregulated Child Custody Transfer Act;   creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 5, Family Code, is amended by   adding Chapter 163 to read as follows:   CHAPTER 163.  UNIFORM UNREGULATED CHILD CUSTODY TRANSFER ACT   SUBCHAPTER A.  APPLICATION AND CONSTRUCTION          Sec. 163.001.  APPLICATION AND CONSTRUCTION. This chapter   shall be applied and construed to promote the uniformity of the law   among the states that enact the Uniform Unregulated Child Custody   Transfer Act.          Sec. 163.002.  CONFLICTS BETWEEN PROVISIONS. If a provision   of this chapter conflicts with another provision of this title or   another state statute or rule and the conflict cannot be   reconciled, this chapter prevails.   SUBCHAPTER B.  GENERAL PROVISIONS          Sec. 163.101.  SHORT TITLE. This chapter may be cited as the   Uniform Unregulated Child Custody Transfer Act.          Sec. 163.102.  DEFINITIONS. In this chapter:                (1)  "Child" means an individual under 18 years of age   who has not been granted by this state or another state a court   order removing the disabilities of minority of the individual for   general purposes.                (2)  "Child-placing agency" means a person with   authority under other law of this state to identify or place a child   for adoption.  The term does not include a parent of the child.                (3)  "Custody" means the exercise of physical care and   supervision of a child.                (4)  "Department" means the Department of Family and   Protective Services.                (5)  "Intercountry adoption" means an adoption or   placement for adoption of a child who resides in a foreign country   at the time of adoption or placement.  The term includes an adoption   finalized in the child's country of residence or in a state.                (6)  "Person" means an individual, estate, business, or   nonprofit entity, public corporation, government, or governmental   subdivision, agency, or instrumentality, or other legal entity.                (7)  "Record" means information:                      (A)  inscribed on a tangible medium; or                      (B)  stored in an electronic or other medium and   retrievable in perceivable form.                (8)  "State" means a state of the United States, the   District of Columbia, Puerto Rico, the United States Virgin   Islands, or any other territory or possession subject to the   jurisdiction of the United States.  The term includes a federally   recognized Indian tribe.          Sec. 163.103.  LIMITATION ON APPLICABILITY. This chapter   does not apply to custody of an Indian child, as defined in the   Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.),   to the extent custody is governed by the Indian Child Welfare Act.   SUBCHAPTER C.  PROHIBITION OF UNREGULATED CUSTODY TRANSFER          Sec. 163.201.  DEFINITIONS. In this subchapter:                (1)  "Conservator" means a person recognized as a   conservator under other law of this state.                (2)  "Intermediary" means a person that assists or   facilitates a transfer of custody of a child, whether or not for   compensation.          Sec. 163.202.  APPLICABILITY. This subchapter does not   apply to a transfer of custody of a child by a parent or conservator   of the child to:                (1)  a parent of the child;                (2)  a stepparent of the child;                (3)  an adult who is related to the child by   consanguinity or affinity;                (4)  an adult who, at the time of the transfer, had a   close relationship with the child or the parent or conservator of   the child for a substantial period, and whom the parent or   conservator reasonably believes, at the time of the transfer, to be   a fit custodian of the child;                (5)  an Indian custodian of the child, as defined by the   Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.);   or                (6)  a member of the child's customary family unit   recognized by the child's indigenous group under other law of this   state.          Sec. 163.203.  PROHIBITED CUSTODY TRANSFER. (a)  Except as   provided in Subsection (b), a parent or conservator of a child or an   individual with whom a child has been placed for adoption may not   transfer custody of the child to another person with the intent, at   the time of the transfer, to abandon the rights and   responsibilities concerning the child.          (b)  A parent or conservator of a child or an individual with   whom a child has been placed for adoption may transfer custody of   the child to another person with the intent, at the time of the   transfer, to abandon the rights and responsibilities concerning the   child only through:                (1)  adoption or conservatorship;                (2)  judicial award of custody;                (3)  placement by or through a child-placing agency;                (4)  other judicial or tribal action; or                (5)  voluntary delivery of the child to a designated   emergency infant care provider under Section 262.302.          (c)  A person may not receive custody of a child, or act as an   intermediary in a transfer of custody of a child, if the person   knows or reasonably should know the transfer violates Subsection   (a).  This prohibition does not apply if the person, as soon as   practicable after the transfer, notifies the department of the   transfer or takes appropriate action to establish custody under   Subsection (b).          (d)  A person commits an offense if a person violates this   section. An offense under this subsection is a Class B misdemeanor,   except that the offense is a felony of the third degree if the child   who is the subject of the offense has been previously adopted.          (e)  A violation of Subsection (a) is not established solely   because a parent or conservator that transfers custody of a child   does not regain custody.          (f)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section or the other law, but not both.          Sec. 163.204.  AUTHORITY AND RESPONSIBILITY OF DEPARTMENT.   (a)  If the department has a reasonable basis to believe that a   person has transferred or will transfer custody of a child in   violation of Section 163.203(a), the department may conduct a home   visit as provided by other law of this state and take appropriate   action to protect the welfare of the child.          (b)  If the department conducts a home visit for a child   adopted or placed through an intercountry adoption, the department   shall:                (1)  prepare a report on the welfare and plan for   permanent placement of the child; and                (2)  provide a copy to the United States Department of   State.          (c)  This chapter does not prevent the department from taking   appropriate action under another law of this state.          Sec. 163.205.  PROHIBITED SOLICITING OR ADVERTISING. (a)  A   person may not solicit or advertise to:                (1)  identify a person to which to make a transfer of   custody in violation of Section 163.203(a);                (2)  identify a child for a transfer of custody in   violation of Section 163.203(c); or                (3)  act as an intermediary in a transfer of custody in   violation of Section 163.203(c).          (b)  A person commits an offense if the person violates this   section. An offense under this subsection is a Class A misdemeanor,   except that the offense is a felony of the third degree if the actor   has been previously convicted of an offense under this section.          Sec. 163.206.  ENFORCEMENT. The department may investigate   a possible violation of this subchapter and take legal action as   provided by law of this state.   SUBCHAPTER D.  MISCELLANEOUS PROVISIONS          Sec. 163.301.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.   In applying and construing this uniform act, a court shall consider   the promotion of uniformity of the law among jurisdictions that   enact it.          Sec. 163.302.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL   AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and   supersedes the Electronic Signatures in Global and National   Commerce Act (15 U.S.C. Section 7001 et seq.), but does not modify,   limit, or supersede Section 101(c) of that Act (15 U.S.C. Section   7001(c)), or authorize electronic delivery of any of the notices   described in Section 103(b) of that Act (15 U.S.C. Section   7003(b)).          SECTION 2.  Chapter 163, Family Code, as added by this Act,   applies only to conduct that occurs on or after the effective date   of this Act.  Conduct that occurs before the effective date of this   Act is governed by the law in effect on the date the conduct   occurred, and the former law is continued in effect for that   purpose.          SECTION 3.  This Act takes effect September 1, 2025.