1-1 By: Harris of Tarrant S.B. No. 1407
1-2 (In the Senate - Filed April 22, 1993; April 26, 1993, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 27, 1993, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 27, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the rights, privileges, duties, and powers of
1-18 conservators.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 14.02, Family Code, is amended to read as
1-21 follows:
1-22 Sec. 14.02. RIGHTS, PRIVILEGES, DUTIES, AND POWERS OF A
1-23 <MANAGING> CONSERVATOR. (a) If both parents are appointed as
1-24 conservators of the child, either by agreement between the parties
1-25 or by court order, the court shall specify the rights, privileges,
1-26 duties, and powers of a parent that are to be retained by both
1-27 parents, the rights, privileges, duties, and powers of a parent
1-28 that are to be exercised jointly, and the rights, privileges,
1-29 duties, and powers that are to be exercised exclusively by one
1-30 parent. Each parent retains the right to receive information from
1-31 the other parent concerning the health, education, and welfare of
1-32 the child and, to the extent possible, the right to confer with the
1-33 other parent before making a decision concerning the health,
1-34 education, and welfare of the child, and the court shall specify
1-35 these rights in the order.
1-36 (b) Unless by written findings the court determines it would
1-37 not be in the best interest of the child <Except as provided in
1-38 Subsection (d) of this section>, a parent appointed as a <sole
1-39 managing> conservator of the child retains <all> the following
1-40 rights, privileges, duties, and powers of a parent <to the
1-41 exclusion of the other parent>, subject to <the rights, privileges,
1-42 duties, and powers of a possessory conservator as provided in
1-43 Section 14.04 of this code and to> any limitation imposed by court
1-44 order in allowing access to the child:
1-45 (1) a parent appointed as a conservator of a child has
1-46 during the period that the parent has possession of the child:
1-47 (A) the right to physical possession and to
1-48 direct the moral and religious training of the child;
1-49 (B) the duty of care, control, protection, and
1-50 reasonable discipline of the child;
1-51 (C) the duty to support the child, including
1-52 providing the child with clothing, food, shelter, medical and
1-53 dental care not involving an invasive procedure, and
1-54 noninstitutional psychiatric or psychological treatment; and
1-55 (D) the power to consent to medical, dental,
1-56 psychological, and surgical treatment during an emergency involving
1-57 an immediate danger to the health and safety of the child;
1-58 (2) each parent appointed as a conservator of a child
1-59 has at all times:
1-60 (A) the right of access to medical, dental,
1-61 psychological, and educational records of the child;
1-62 (B) the right to consult with any physician,
1-63 dentist, or psychologist of the child;
1-64 (C) the right to consult with school officials
1-65 concerning the child's welfare and educational status, including
1-66 school activities;
1-67 (D) the right to attend school activities;
1-68 (E) the right to be designated on any records as
2-1 a person to be notified in case of an emergency; and
2-2 (F) the right to manage the estate of the child
2-3 to the extent the estate has been created by the parent or the
2-4 parent's family; and
2-5 (3) a parent appointed as the sole managing
2-6 conservator of a child exclusively has:
2-7 (A) the right to the services and earnings of
2-8 the child;
2-9 (B) the power to consent to marriage, to
2-10 enlistment in the armed forces of the United States, and to
2-11 medical, psychiatric, psychological, dental, and surgical
2-12 treatment;
2-13 (C) the power to represent the child in legal
2-14 action and to make other decisions of substantial legal
2-15 significance concerning the child, including the right to establish
2-16 the child's legal domicile and, except when a guardian of the
2-17 child's estate or a guardian or attorney ad litem has been
2-18 appointed for the child, a power as an agent of the child to act in
2-19 relation to the child's estate if the child's action is required by
2-20 a state, the United States, or a foreign government; and
2-21 (D) the power to receive and give receipt for
2-22 periodic payments for the support of the child and to hold or
2-23 disburse these funds for the benefit of the child.
2-24 (c) <(b)> A managing conservator who is not the parent of
2-25 the child has the following rights, privileges, duties, and powers,
2-26 subject to Subsection (b) of this section, to the rights,
2-27 privileges, duties, and powers of a possessory conservator as
2-28 provided in Section 14.04 of this code, and to any limitation
2-29 imposed by court order in allowing access to the child:
2-30 (1) the right to have physical possession, to direct
2-31 the moral and religious training, and to establish the legal
2-32 domicile of the child;
2-33 (2) the duty of care, control, protection, and
2-34 reasonable discipline of the child;
2-35 (3) the duty to provide the child with clothing, food,
2-36 shelter, and education;
2-37 (4) the right to the services and earnings of the
2-38 child;
2-39 (5) the power to consent to marriage, to enlistment in
2-40 the armed forces of the United States, and to medical, psychiatric,
2-41 psychological, dental, and surgical treatment;
2-42 (6) the power to represent the child in legal action
2-43 and to make other decisions of substantial legal significance
2-44 concerning the child including, except when a guardian of the
2-45 child's estate or a guardian or attorney ad litem has been
2-46 appointed for the child, a power as an agent of the child to act in
2-47 relation to the child's estate if the child's action is required by
2-48 a state, the United States, or a foreign government;
2-49 (7) the power to receive and give receipt for periodic
2-50 payments for the support of the child and to hold or disburse these
2-51 funds for the benefit of the child; and
2-52 (8) if the parent-child relationship has been
2-53 terminated with respect to the parents, or only living parent, or
2-54 if there is no living parent, the power to consent to the adoption
2-55 of the child and to make any other decision concerning the child
2-56 that a parent could make.
2-57 (d) <(c)> A person or authorized agency designated managing
2-58 conservator of a child in an irrevocable or unrevoked affidavit of
2-59 relinquishment executed pursuant to Section 15.03 of this code
2-60 shall have a right to possession of the child superior to the right
2-61 of the person executing the affidavit, the right to consent to
2-62 medical and surgical treatment of the child, and the rights,
2-63 privileges, duties, and powers given by Section 14.04 of this code
2-64 to a possessory conservator until such time as these rights,
2-65 privileges, duties, and powers are modified or terminated by court
2-66 order.
2-67 (e) <(d)> The appointment of a managing conservator does not
2-68 create, rescind, or otherwise alter a right to inherit as
2-69 established by law or as modified under Chapter 15 of this code.
2-70 <(e) If both parents are appointed as joint managing
3-1 conservators of the child as provided by Section 14.021 of this
3-2 code, either by agreement between the parties or by court order,
3-3 the court shall specify the rights, privileges, duties, and powers
3-4 of a parent that are to be retained by both parents to be exercised
3-5 jointly, and the rights, privileges, duties, and powers that are to
3-6 be exercised exclusively by one parent. The court shall specify
3-7 that the parents exchange information concerning the health,
3-8 education, and welfare of the child, and, if possible, confer
3-9 before making decisions concerning the health, education, and
3-10 welfare of the child.>
3-11 SECTION 2. Section 14.04, Family Code, is amended to read as
3-12 follows:
3-13 Sec. 14.04. Rights, Privileges, Duties, and Powers of
3-14 Possessory Conservator. (a) A possessory conservator has the
3-15 following rights, privileges, duties, and powers during the period
3-16 of possession, subject to Section 14.02(b) of this code and any
3-17 limitations expressed in the decree:
3-18 (1) the duty of care, control, protection, and
3-19 reasonable discipline of the child;
3-20 (2) the duty to provide the child with clothing, food,
3-21 and shelter; and
3-22 (3) the power to consent to medical, dental,
3-23 psychological, and surgical treatment during an emergency involving
3-24 an immediate danger to the health and safety of the child.
3-25 (b) A possessory conservator has any other right, privilege,
3-26 duty, or power of a managing conservator expressly granted to the
3-27 possessory conservator in the decree awarding possession of the
3-28 child.
3-29 (c) A possessory conservator has the right of access to
3-30 medical, dental, psychological, and educational records of the
3-31 child to the same extent as the managing conservator. The court
3-32 shall include in the decree appointing a possessory conservator a
3-33 statement of this right, but the right is not abrogated or
3-34 diminished if the statement is omitted from the decree. If ordered
3-35 in the decree appointing a possessory conservator, the <The>
3-36 custodian of records shall delete all references in the records to
3-37 the place of residence of the managing conservator of the child
3-38 prior to their release to the possessory conservator.
3-39 SECTION 3. Subsection (a), Section 14.045, Family Code, is
3-40 amended to read as follows:
3-41 (a) Each decree that provides for the appointment of a
3-42 conservator who has possession of or access to a child shall
3-43 include, and in its absence shall be deemed to include, the
3-44 requirement that each conservator who intends a change of place of
3-45 residence must give written notice of the intended date of change,
3-46 new telephone number, and new street address of residence to every
3-47 other party who has possession of or access to the child. The
3-48 notice must be given on or before the 60th <30th> day before the
3-49 conservator changes the conservator's place of residence. If the
3-50 conservator did not know or could not have known of the change of
3-51 residence or if the required information was not available within
3-52 the 60-day <30-day> period, the conservator shall supply the
3-53 written notice of the change of residence or the related
3-54 information on or before the fifth day after the date that the
3-55 conservator knew or should have known of the change or of the
3-56 related information.
3-57 SECTION 4. This Act takes effect September 1, 1993, and
3-58 applies to any suit affecting the parent-child relationship,
3-59 including a motion to modify a decree or a petition for further
3-60 action, filed:
3-61 (1) after that date; or
3-62 (2) filed before that date and in which no decree has
3-63 been rendered by the trial court.
3-64 SECTION 5. The importance of this legislation and the
3-65 crowded condition of the calendars in both houses create an
3-66 emergency and an imperative public necessity that the
3-67 constitutional rule requiring bills to be read on three several
3-68 days in each house be suspended, and this rule is hereby suspended.
3-69 * * * * *
3-70 Austin,
4-1 Texas
4-2 April 27, 1993
4-3 Hon. Bob Bullock
4-4 President of the Senate
4-5 Sir:
4-6 We, your Committee on Jurisprudence to which was referred S.B.
4-7 No. 1407, have had the same under consideration, and I am
4-8 instructed to report it back to the Senate with the recommendation
4-9 that it do pass and be printed.
4-10 Henderson,
4-11 Chairman
4-12 * * * * *
4-13 WITNESSES
4-14 FOR AGAINST ON
4-15 ___________________________________________________________________
4-16 Name: Shannon Noble x
4-17 Representing: Tx Women's Pol. Caucus
4-18 City: Austin
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