89S20209 MLH-F     By: Paxton S.B. No. 35       A BILL TO BE ENTITLED   AN ACT   relating to the criminal offense of interference with child   custody.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 25.03(b) and (d), Penal Code, are   amended to read as follows:          (b)  A [noncustodial] parent commits an offense if, with the   intent to interfere with the lawful custody of a child younger than   18 years, the [noncustodial] parent knowingly entices or persuades   the child to leave the custody of:                (1)  the other [the custodial] parent or a[,] guardian   of the child;[,] or                (2)  a person standing in the stead of the [custodial]   parent or guardian of the child described by Subdivision (1).          (d)  An offense under Subsection (a) [this section] is a   state jail felony.  An offense under Subsection (b) is a Class C   misdemeanor punishable by a fine of $500, except that the offense is   a state jail felony if it is shown on the trial of the offense that   the defendant:                (1)  has previously been convicted two or more times of   an offense under that subsection; or                (2)  enticed or persuaded the child to leave the state.          SECTION 2.  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 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 occurred   before that date.          SECTION 3.  This Act takes effect on the 91st day after the   last day of the legislative session.