Texas Family Code - Section 159.802. Conditions Of Rendition

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§ 159.802. CONDITIONS OF RENDITION.  (a) Before making a 
demand that the governor of another state surrender an individual 
charged criminally in this state with having failed to provide for 
the support of an obligee, the governor may require a prosecutor of 
this state to demonstrate:
		(1)  that not less than 60 days before the date of the 
demand, the obligee had initiated proceedings for support under 
this chapter;  or
		(2)  that initiating the proceeding would be of no 
avail.                   
	(b)  If, under this chapter or a law substantially similar to 
this chapter, the governor of another state makes a demand that the 
governor of this state surrender an individual charged criminally 
in that state with having failed to provide for the support of a 
child or other individual to whom a duty of support is owed, the 
governor may require a prosecutor to investigate the demand and 
report whether a proceeding for support has been initiated or would 
be effective.  If it appears that a proceeding would be effective 
but has not been initiated, the governor may delay honoring the 
demand for a reasonable time to permit the initiation of a 
proceeding.
	(c)  If a proceeding for support has been initiated and the 
individual whose rendition is demanded prevails, the governor may 
decline to honor the demand.  If the petitioner prevails and the 
individual whose rendition is demanded is subject to a support 
order, the governor may decline to honor the demand if the 
individual is complying with the support order.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1247, § 43, eff. Sept. 1, 
2003.

Last modified: August 10, 2007