By Goodman H.B. No. 1630
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights, privileges, duties, and powers of
1-3 conservators.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 14.02, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 14.02. RIGHTS, PRIVILEGES, DUTIES, AND POWERS OF A
1-8 <MANAGING> CONSERVATOR. (a) If both parents are appointed as
1-9 conservators of the child, either by agreement between the parties
1-10 or by court order, the court shall specify the rights, privileges,
1-11 duties, and powers of a parent that are to be retained by both
1-12 parents, the rights, privileges, duties, and powers of a parent
1-13 that are to be exercised jointly, and the rights, privileges,
1-14 duties, and powers that are to be exercised exclusively by one
1-15 parent. Each parent retains the right to receive information from
1-16 the other parent concerning the health, education, and welfare of
1-17 the child and, to the extent possible, the right to confer with the
1-18 other parent before making a decision concerning the health,
1-19 education, and welfare of the child, and the court shall specify
1-20 these rights in the order.
1-21 (b) Unless by written findings the court determines it would
1-22 not be in the best interest of the child <Except as provided in
1-23 Subsection (d) of this section>, a parent appointed as a <sole
1-24 managing> conservator of the child retains <all> the following
2-1 rights, privileges, duties, and powers of a parent <to the
2-2 exclusion of the other parent>, subject to <the rights, privileges,
2-3 duties, and powers of a possessory conservator as provided in
2-4 Section 14.04 of this code and to> any limitation imposed by court
2-5 order in allowing access to the child:
2-6 (1) a parent appointed as a conservator of a child has
2-7 during the period that the parent has possession of the child:
2-8 (A) the right to physical possession and to
2-9 direct the moral and religious training of the child;
2-10 (B) the duty of care, control, protection, and
2-11 reasonable discipline of the child;
2-12 (C) the duty to support the child, including
2-13 providing the child with clothing, food, shelter, medical and
2-14 dental care not involving an invasive procedure, and
2-15 noninstitutional psychiatric or psychological treatment; and
2-16 (D) the power to consent to medical, dental,
2-17 psychological, and surgical treatment during an emergency involving
2-18 an immediate danger to the health and safety of the child;
2-19 (2) each parent appointed as a conservator of a child
2-20 has at all times:
2-21 (A) the right of access to medical, dental,
2-22 psychological, and educational records of the child;
2-23 (B) the right to consult with any physician,
2-24 dentist, or psychologist of the child;
2-25 (C) the right to consult with school officials
2-26 concerning the child's welfare and educational status, including
2-27 school activities;
3-1 (D) the right to attend school activities;
3-2 (E) the right to be designated on any records as
3-3 a person to be notified in case of an emergency; and
3-4 (F) the right to manage the estate of the child
3-5 to the extent the estate has been created by the parent or the
3-6 parent's family; and
3-7 (3) a parent appointed as the sole managing
3-8 conservator of a child exclusively has:
3-9 (A) the right to the services and earnings of
3-10 the child;
3-11 (B) the power to consent to marriage, to
3-12 enlistment in the armed forces of the United States, to medical,
3-13 dental, and surgical treatment involving invasive procedures, and
3-14 to psychiatric and psychological treatment in an institution;
3-15 (C) the power to represent the child in legal
3-16 action and to make other decisions of substantial legal
3-17 significance concerning the child, including the right to establish
3-18 the child's legal domicile and, except when a guardian of the
3-19 child's estate or a guardian or attorney ad litem has been
3-20 appointed for the child, a power as an agent of the child to act in
3-21 relation to the child's estate if the child's action is required by
3-22 a state, the United States, or a foreign government; and
3-23 (D) the power to receive and give receipt for
3-24 periodic payments for the support of the child and to hold or
3-25 disburse these funds for the benefit of the child.
3-26 (c) <(b)> A managing conservator who is not the parent of
3-27 the child has the following rights, privileges, duties, and powers,
4-1 subject to Subsection (b) of this section, to the rights,
4-2 privileges, duties, and powers of a possessory conservator as
4-3 provided in Section 14.04 of this code, and to any limitation
4-4 imposed by court order in allowing access to the child:
4-5 (1) the right to have physical possession, to direct
4-6 the moral and religious training, and to establish the legal
4-7 domicile of the child;
4-8 (2) the duty of care, control, protection, and
4-9 reasonable discipline of the child;
4-10 (3) the duty to provide the child with clothing, food,
4-11 shelter, and education;
4-12 (4) the right to the services and earnings of the
4-13 child;
4-14 (5) the power to consent to marriage, to enlistment in
4-15 the armed forces of the United States, and to medical, psychiatric,
4-16 psychological, dental, and surgical treatment;
4-17 (6) the power to represent the child in legal action
4-18 and to make other decisions of substantial legal significance
4-19 concerning the child including, except when a guardian of the
4-20 child's estate or a guardian or attorney ad litem has been
4-21 appointed for the child, a power as an agent of the child to act in
4-22 relation to the child's estate if the child's action is required by
4-23 a state, the United States, or a foreign government;
4-24 (7) the power to receive and give receipt for periodic
4-25 payments for the support of the child and to hold or disburse these
4-26 funds for the benefit of the child; and
4-27 (8) if the parent-child relationship has been
5-1 terminated with respect to the parents, or only living parent, or
5-2 if there is no living parent, the power to consent to the adoption
5-3 of the child and to make any other decision concerning the child
5-4 that a parent could make.
5-5 (d) <(c)> A person or authorized agency designated managing
5-6 conservator of a child in an irrevocable or unrevoked affidavit of
5-7 relinquishment executed pursuant to Section 15.03 of this code
5-8 shall have a right to possession of the child superior to the right
5-9 of the person executing the affidavit, the right to consent to
5-10 medical and surgical treatment of the child, and the rights,
5-11 privileges, duties, and powers given by Section 14.04 of this code
5-12 to a possessory conservator until such time as these rights,
5-13 privileges, duties, and powers are modified or terminated by court
5-14 order.
5-15 (e) <(d)> The appointment of a managing conservator does not
5-16 create, rescind, or otherwise alter a right to inherit as
5-17 established by law or as modified under Chapter 15 of this code.
5-18 <(e) If both parents are appointed as joint managing
5-19 conservators of the child as provided by Section 14.021 of this
5-20 code, either by agreement between the parties or by court order,
5-21 the court shall specify the rights, privileges, duties, and powers
5-22 of a parent that are to be retained by both parents to be exercised
5-23 jointly, and the rights, privileges, duties, and powers that are to
5-24 be exercised exclusively by one parent. The court shall specify
5-25 that the parents exchange information concerning the health,
5-26 education, and welfare of the child, and, if possible, confer
5-27 before making decisions concerning the health, education, and
6-1 welfare of the child.>
6-2 SECTION 2. Section 14.04, Family Code, is amended to read as
6-3 follows:
6-4 Sec. 14.04. Rights, Privileges, Duties, and Powers of
6-5 Possessory Conservator. (a) A possessory conservator has the
6-6 following rights, privileges, duties, and powers during the period
6-7 of possession, subject to Section 14.02(b) of this code and any
6-8 limitations expressed in the decree:
6-9 (1) the duty of care, control, protection, and
6-10 reasonable discipline of the child;
6-11 (2) the duty to provide the child with clothing, food,
6-12 and shelter; and
6-13 (3) the power to consent to medical, dental,
6-14 psychological, and surgical treatment during an emergency involving
6-15 an immediate danger to the health and safety of the child.
6-16 (b) A possessory conservator has any other right, privilege,
6-17 duty, or power of a managing conservator expressly granted to the
6-18 possessory conservator in the decree awarding possession of the
6-19 child.
6-20 (c) A possessory conservator has the right of access to
6-21 medical, dental, psychological, and educational records of the
6-22 child to the same extent as the managing conservator. The court
6-23 shall include in the decree appointing a possessory conservator a
6-24 statement of this right, but the right is not abrogated or
6-25 diminished if the statement is omitted from the decree. If ordered
6-26 in the decree appointing a possessory conservator, the <The>
6-27 custodian of records shall delete all references in the records to
7-1 the place of residence of the managing conservator of the child
7-2 prior to their release to the possessory conservator.
7-3 SECTION 3. Sections 14.045(a) and (c), Family Code, are
7-4 amended to read as follows:
7-5 (a) Each decree that provides for the appointment of a
7-6 conservator who has possession of or access to a child shall
7-7 include, and in its absence shall be deemed to include, the
7-8 requirement that each conservator who intends a change of place of
7-9 residence must give written notice of the intended date of change,
7-10 new telephone number, and new street address of residence to the
7-11 court having jurisdiction of the suit affecting the parent-child
7-12 relationship in which the order was made and to every other party
7-13 who has possession of or access to the child. The notice must be
7-14 given on or before the 60th <30th> day before the conservator
7-15 changes the conservator's place of residence. If the conservator
7-16 did not know or could not have known of the change of residence or
7-17 if the required information was not available within the
7-18 60-day <30-day> period, the conservator shall supply the written
7-19 notice of the change of residence or the related information on or
7-20 before the fifth day after the date that the conservator knew or
7-21 should have known of the change or of the related information.
7-22 (c) The notice required by this section may be given to a
7-23 party <served> by delivery of a copy of the notice to the party <to
7-24 be served> either in person or by registered or certified mail,
7-25 return receipt requested, to the last known address of the party
7-26 <to be served>. The notice required by this section may be given
7-27 to the court by delivery of a copy of the notice either in person
8-1 to the clerk of the court or by registered or certified mail
8-2 addressed to the clerk of the court.
8-3 SECTION 4. This Act takes effect September 1, 1993, and
8-4 applies to any suit affecting the parent-child relationship,
8-5 including a motion to modify a decree or a petition for further
8-6 action, filed:
8-7 (1) after that date; or
8-8 (2) filed before that date and in which no decree has
8-9 been rendered by the trial court.
8-10 SECTION 5. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended.