74(R) HB 433 Senate Committee Report

BILL ANALYSIS

C.S.H.B. 433
By: Goodman (Harris, C.)
Jurisprudence
5-24-95
Senate Committee Report (Substituted)
BACKGROUND

Although many sections of the Texas Family Code have been added or
changed over the years, the code has not been revised in its
entirety since its codification by the 61st, 63rd, and 66th
Legislatures. The Joint Interim Committee on the Family Code was
charged pursuant to H.C.R. 101, 73rd Legislature, to study and make
recommendations regarding the clarity and consistency of
terminology, the effectiveness and necessity of all major
provisions of the code, property division from divorce, the child
support guidelines in Title 2, recodification of the code, and any
other necessary additions or changes.

H.B. 655, 74th Legislature, 1995, nonsubstantively recodified the
Family Code.

PURPOSE

As proposed, C.S.H.B. 433 substantively revises the Family Code by
amending H.B. 655, passed by the 74th Legislature, including
provisions relating to the parent-child relationship and suits
affecting the parent-child relationship, increased enforcement of
child support orders, and to the protection of the family.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to Title IV-D agencies under SECTION 82 (Section 231.006(i), Family
Code, as added by House Bill 655, 71st Legislature, Regular
Session, 1995) and SECTION 85 (Section 232.016, Family Code, H.B.
655), to agencies investigating child abuse under SECTION 93
(Section 261.201(a), Family Code, H.B. 655), to the Department of
Regulatory and Protective Services in SECTION 93 (Section
261.201(f), Family Code, H.B. 655), SECTION 94 (Section 261.301(d),
H.B. 655), and SECTION 100 (Section 261.404, Family Code, H.B.
655), and to the Texas Department of Mental Health and Mental
Retardation in SECTION 100 (Section 261.404, Family Code, H.B. 655)
of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.521(c), Family Code, to authorize the
form authorized in this section and the form authorized by Section
102.010, rather than Section 11.09, of this code to be combined in
appropriate situations.

SECTION 2. Amends Chapter 3C, Family Code, by adding Section 3.522,
as follows:

Sec. 3522. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION. (a)
Sets forth the language a party to a proceeding under this
title is required to include in the first pleading filed by
the party.

(b) Requires the statement to be printed in boldfaced type
or capital letters and signed by the party.

(c) Sets forth the situations for which the statement in
Subsection (a) is not required.
SECTION 3. Amends Sections 3.55(b), (c), and (d), Family Code, as
follows:

(b) Requires the suit affecting the parent-child relationship
to be transferred to the court in which the suit for
dissolution of a marriage is filed if the former suit is
pending at the time the latter suit is filed. Makes
conforming changes.

(d) Requires the court with jurisdiction of the suit for
divorce, annulment, or to declare the marriage void has
jurisdiction to render an order in the suit, rather than to
make orders, decrees, or judgments, as provided by Title 5
after transfer of a suit affecting the parent-child
relationship or if the parties are parents of a child and no
other court has jurisdiction of the child. Makes conforming
changes.
SECTION 4. Amends Section 4.02, Family Code, to delete a provision
providing that each parent has the duty to support the child during
the period that the child is a minor, and thereafter so long as the
child is fully enrolled in an program leading toward a high school
diploma until the child graduates. Makes conforming changes.

SECTION 5. Amends Section 32.001, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995 (H.B.
655), as follows:

Sec. 32.001. CONSENT BY NON-PARENT. (a) Created from
existing text. Authorizes a peace officer who has lawfully
taken custody of a minor, if the peace officer has reasonable
grounds to believe the minor is in need of immediate medical
treatment, among others, to consent to medical treatment
during an emergency when the person having the right to
consent cannot be contacted and that person has not given
actual notice to the contrary.

(b)-(c) Redesignate existing Subsections (c)-(d). Deletes
existing Subsection (b) providing that the person giving
consent, a licensed physician or dentist, or a medical
facility is not liable for the examination and treatment of
a child.

(d) Provides that a person who consents to the medical
treatment of a minor under Subsection (a)(7) or (8) is
immune from liability for damages resulting from the
treatment of the minor. Provides that a licensed physician
or dentist or a medical facility at which a minor is treated
is immune from liability for damages resulting from the
examination or treatment of a minor, except to the extent of
negligence.

SECTION 6. Amends Section 32.003(a), Family Code, H.B. 655, to
include in the list of conditions under which a child may consent
to medical, dental, psychological, and surgical treatment for the
child by a licensed physician or dentist, a child that is unmarried
and has actual custody of the child's biological child and consents
to medical, dental, psychological, or surgical treatment, other
than abortion.

SECTION 7. Amends Section 42.006(a), Family Code, H.B. 655, to
authorize damages to include attorney fees in recovering possession
of the child if the petition is entitled to possession. Makes
conforming changes.

SECTION 8. Amends Section 102.003, Family Code, H.B. 655, to
authorize a man alleging himself to be the biological father of a
child to file an original suit affecting the parent-child
relationship (original suit), subject to the limitations of Section
160.101.

SECTION 9. Amends Chapter 102, Family Code, H.B. 655, by adding
Section 102.0085, as follows:

Sec. 102.0085. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
(a) Sets forth the language a party to a proceeding under this
chapter and Chapters 151, 153, 154, and 160 is required to
include in the first pleading filed by the party.

(b) Requires the statement to be printed in boldfaced type
or capital letters and signed by the party.

(c) Sets forth the situations for which the statement in
Subsection (a) is not required.
SECTION 10. Amends Section 102.009(a), Family Code, H.B. 655, to
include the Department of Protective and Regulatory Services
(department), if the petition requests that the department be
appointed as managing conservator of the child, in the list of
parties entitled to service of citation on the filing of a petition
in a suit affecting the parent-child relationship.

SECTION 11. Amends Section 104.005, Family Code, H.B. 655, as
follows:

Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
(a) Created from existing text. Makes a conforming change.

(b) Authorizes the court to allow the testimony of a child
of any age to be taken in any manner provided by this
chapter if the child, because of a medical condition, is
incapable of testifying in open court. Makes conforming
changes.
SECTION 12. Amends Section 105.002, Family Code, H.B. 655, as
follows:

Sec. 105.002. JURY. (a) Makes conforming changes.

(b) Prohibits a party from demanding a jury trial in a suit
in which adoption is sought.

(c) Redesignates existing Subsection (b).
SECTION 13. Amends Sections 105.006, Family Code, H.B. 655, by
amending Subsections (b) and (e) and adding Subsection (g), as
follows:

(b) Requires the court to order each party to inform each
other party of an intended change in any of the information
required by this section as long as any person, as a result of
the order, is under an obligation to pay child support or is
entitled to possession of or access to a child. Requires the
court to order that notice of the intended change be given at
the earlier of the 60th day before the date the party intends
to make the change, or the fifth day after the date that the
party knew of the change, if the party did not know or could
not have known of the change in sufficient time to comply with
Subdivision (a).
(e) Sets forth the text of an order required to be contained
in an order in a suit that orders child support or possession
of or access to a child.

(g) Requires a court in a county with a population of 2.8
million or more to order each party to inform the court clerk
of a change in information required by this section in the
manner provided by Subsection (b). Requires the order
required by Subsection (e) to reflect the notification
requirement of this section.

SECTION 14. Amends Section 105.007, Family Code, H.B. 655, as
follows:

Sec. 105.007. New heading: COMPLIANCE WITH ORDER REQUIRING
NOTICE OF CHANGE OF REQUIRED INFORMATION. (a) Requires a
party, rather than specifying a party who intends to change a
place of residence, to comply with the order by giving written
notice to each other party of an intended change in the
party's current residence address, mailing address, home
telephone number, name of employer, address of employment, and
work telephone number, rather than to the court having
jurisdictions of the suit and to every other party who has
possession of or access to the child.

(b) Requires the party to give written notice of the changes
by registered or certified mail on or before the 60th day
before the change is made. Requires the party, if the party
does not know or could not have known of the change in
sufficient time to provide 60-day notice, to provide the
written notice of the change on or before the fifth day
after the date that the party knew of the change.

SECTION 15. Amends Chapter 107, Family Code, H.B. 655, as
follows:

CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES

SUBCHAPTER A. GUARDIAN AD LITEM REPRESENTATION

Sec. 107.001. New heading: APPOINTMENT OF GUARDIAN AD LITEM.
Requires the court or an associate judge to appoint a guardian
ad litem to represent the interests of the child immediately
after the filing of a petition but before the full adversary
hearing to ensure adequate representation of the child in a
suit in which termination of the parent-child relationship is
requested.

SUBCHAPTER B. ATTORNEY AD LITEM

Sec. 107.011. New heading: DISCRETIONARY APPOINTMENT OF
ATTORNEY AD LITEM. Redesignates existing Sections 107.002(a)
and (b). Requires, rather than authorizes, an associate judge
to recommend the appointment of or the court to appoint an
attorney ad litem for any party in a case in which the judge
deems representation necessary to protect the interest of the
child who is the subject matter of the suit.

Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
CHILD. Redesignates existing Section 107.002(c). Requires
the court to appoint an attorney ad litem to represent the
interests of the child in a suit filed by a governmental
entity requesting termination of the parent-child relationship
or to be named conservator of a child immediately after the
filing, but before the full adversary hearing, rather than as
soon as practicable. Makes nonsubstantive changes.

Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
INDIGENT PARENT. (a)-(b) Redesignate existing Section
107.002(d).

Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
CHILD. (a) Sets forth authorized actions for an attorney ad
litem appointed to represent a child.

(b) Sets forth required activities for an appointed attorney
ad litem.
Sec. 107.015. Redesignates existing Section 107.003.

Sec. 107.016. CONTINUED REPRESENTATION. Authorizes an order
appointing the department as the child's managing conservator
to provide for the continuation of the attorney ad litem
appointment for any period set by the court in a suit brought
by a governmental entity seeking termination of the parent-child relationship or appointment of the entity as conservator
of the child.

SUBCHAPTER C. OTHER COURT APPOINTMENTS

Sec. 107.031. Redesignates existing Section 107.004.
Provides that a court-appointed volunteer, a board member or
employee of a volunteer advocate charitable organization, or
a member of an administrative review board is not liable for
civil damages for a recommendation made or opinion rendered
while serving in an official capacity unless the act or
failure to act is wilfully wrongful, committed with conscious
indifference or reckless disregard for the safety of another,
committed in bad faith or with malice, or is grossly
negligent. Makes conforming changes.

SUBCHAPTER D. SOCIAL STUDY

Sec. 107.051. New heading: ORDER FOR SOCIAL STUDY.
Redesignates existing Section 107.005. Requires the court, in
a suit in which adoption is requested or possession of or
access to the child is an issue and in which the department is
not a party or has no interest, to appoint a private agency or
person to conduct the social study. Makes conforming changes.

Sec. 107.052. STANDARDS FOR CONDUCTING SOCIAL STUDY. (a)-(c)
Redesignate existing Sections 107.005(c)-(e). Make conforming
changes.

Sec. 107.053. PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
Redesignates existing Section 107.005(g).

Sec. 107.054. REPORT FILED WITH COURT. Redesignates existing
Section 107.005(h).

Sec. 107.055. INTRODUCTION OF REPORT AT TRIAL. Redesignates
existing Section 107.005(i)-(k).

Sec. 107.056. PREPARATION FEE. Redesignates existing Section
107.05(l). Requires the court, if the court orders a social
study to be conducted and a report prepared, rather than
ordering the department to prepare, to award the state agency
or other person a reasonable fee for the preparation of the
study. Makes conforming changes.

SECTION 16. Amends Section 108.001, Family Code, H.B. 655, as
follows:

(a) Requires the clerk of court to transmit to the bureau of
vital statistics (bureau), rather than the department, a
certified record, rather than a copy, of the order rendered in
a suit, together with certain information about the child
prepared by the petitioner on a form provided by the bureau.

(b) Makes a conforming change.

(c) Provides that all the records of the bureau under this
section and the records of a child-placing agency that has
ceased operations are confidential. Makes conforming changes.
SECTION 17. Amends Section 108.003, Family Code, H.B. 655, as
follows:

Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING ADOPTION.
(a) Created from existing text. Requires the court clerk that
renders a decree of adoption to transmit to the central
registry of the bureau a certified report of adoption.
Deletes text requiring a complete file in the case to be
included with the report.

(b) Provides that the records concerning a child maintained
by the district clerk after rendition of a decree of
adoption or of a child-placing agency that has ceased
operations and the records maintained by the bureau of vital
statistics are confidential and that no person is entitled
to access to or information from these records.
SECTION 18. Amends Section 108.004, Family Code, H.B. 655, to
require the court clerk to transmit to the central registry of the
bureau, rather than the department, a certified record stating
certain information. Deletes provisions requiring the sending of
a complete file in the case or a certified copy of the petition.

SECTION 19. Amends Section 108.005, Family Code, H.B. 655, as
follows:

Sec. 108.005. New heading: ADOPTION RECORDS RECEIVED BY
BUREAU OF VITAL STATISTICS. Requires the bureau to provide to
the department registry information as necessary for the
department to comply with federal law or regulations regarding
the compilation or reporting of adoption information to
federal offices and other information as necessary for the
department to administer the central registry. Makes
conforming changes.
SECTION 20. Amends Section 108.006, Family Code, H.B. 655, to
require the bureau to send the fees collected to cover the cost of
determining and sending information concerning the identity of the
court with continuing jurisdiction for deposit in a special fund in
the state treasury from which the legislature may appropriate money
only to operate and maintain the central file and central registry
of the bureau. Makes conforming changes.

SECTION 21. Amends Section 108.007, Family Code, H.B. 655, to
make conforming changes.

SECTION 22. Amends Section 151.002(b), Family Code, H.B. 655, to
authorize a presumption under this section to be rebutted as
provided by Section 160.110, rather than only by clear and
convincing evidence. Deletes a provision providing that the
presumption that is founded on the weightier considerations of
policy and logic controls if two or more presumptions arise that
conflict.

SECTION 23. Amends Section 151.003(a), Family Code, H.B. 655, to
provide that a parent of a child has the right to make decisions
concerning the child's education, among other rights.

SECTION 24. Amends Section 152.003, Family Code, H.B. 655, by
adding Subsection (e), to authorize a court that has jurisdiction
of a suit under Subsection (a)(3) for which a court in another
state may exercise jurisdiction under prerequisites substantially
in accordance with Subsection (a)(1) or (2) to enter only a
temporary order to protect the child. Requires the suit to be
dismissed in this state on the date a court of competent
jurisdiction in another state signs an order in the suit or on the
91st day after the date the court in this state exercised its
jurisdiction, whichever date occurs first.

SECTION 25. Amends Section 153.001, Family Code, H.B. 655, as
follows:

Sec. 153.001. PUBLIC POLICY. (a) Created from existing text.

(b) Prohibits a court from rendering an order that
conditions the right of a conservator to possession of or
access to a child on the payment of child support.
SECTION 26. Amends Section 153.007(c), Family Code, H.B. 655, to
authorize terms of the agreement incorporated by reference
regarding conservatorship or support of or access to a child in an
order to be enforced by all remedies available for enforcement of
a judgment but are not enforceable as a contract, rather than
providing that terms are not enforceable as contract terms unless
provided by the agreement.

SECTION 27. Amends Chapter 153A, Family Code, H.B. 655, by
adding Section 153.0071, as follows:

Sec. 153.0071. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (a)
Authorizes the court, on written agreement of the parties, to
refer a suit affecting the parent-child relationship to
arbitration. Requires the agreement to state whether the
arbitration is binding or non-binding.

(b) Requires the court, if the parties agree to binding
arbitration, to render an order reflecting the arbitrator's
award unless the court determines at a non-jury hearing that
the award is not in the best interest of the child.
Provides that the burden of proof is on the party seeking to
avoid rendition of an order based on the arbitrator's award.

(c) Authorizes the court to refer a suit affecting the
parent-child relationship to mediation on the agreement of
the parties or on the court's own motion.

(d) Sets forth conditions for the mediated settlement to be
considered binding.

(e) Entitles a party to judgment on the mediated settlement
if the agreement meets the requirements of Subsection (d).

(f) Applies the procedures and remedies provided by this
section to an action brought under Title 1.
SECTION 28. Amends Chapter 153A, Family Code, H.B. 655, by
adding Section 153.013, as follows:

Sec. 153.013. FALSE REPORT OF CHILD ABUSE. (a) Requires the
court, if a party to a suit affecting the parent-child
relationship makes a report alleging child abuse by another
party to the suit that the reporting party knows lacks factual
foundation, to deem the report to be a knowingly false report.

(b) Provides that evidence of a false report is admissible
in a suit between the involved parties regarding the terms
of conservatorship of a child.
SECTION 29. Amends Section 153.073(a), Family Code, H.B. 655, to
provide that a parent appointed as a conservator of a child has at
all times, as specified by court order, the right to receive
information from the other parent concerning the health, education,
and welfare of the child; and to confer with the other parent to
the extent possible before making a decision concerning the health,
education, and welfare of the child. Redesignates existing
Subdivisions (3)-(9) as Subdivisions (2)-(8).

SECTION 30. Amends Section 153.074, Family Code, H.B. 655, to
provide that, unless limited by court order, a parent appointed as
a conservator of a child has the right to consent for the child to
medical and dental care not involving an invasive procedure and the
right to consent for the child to medical, dental, and surgical
treatment during an emergency involving immediate danger to the
health and safety of the child. Makes conforming changes.

SECTION 31. Amends Chapter 153B, Family Code, H.B. 655, by
adding Section 153.076, as follows:

Sec. 153.076. PARENTS' DUTY TO PROVIDE INFORMATION. Requires
the court, if both parents are appointed as conservators of
the child, to order that each parent has a duty to inform the
other parent in a timely manner of significant information
concerning the health, education, and welfare of the child.

SECTION 32. Amends Section 153.131, Family Code, H.B. 655, as
follows:

(a) Created from existing text.

(b) Provides that it is a rebuttable presumption that the
appointment of the parents of a child as joint managing
conservators is in the best interest of the child.
SECTION 33. Amends Section 153.132, Family Code, H.B. 655, to
provide that a parent appointed as sole managing conservator of a
child has the right to make decisions concerning the child's
education, unless limited by court order. Redesignates existing
Subdivisions (6)-(7) as Subdivisions (7)-(8).

SECTION 34. Amends Section 153.371, Family Code, H.B. 655, to
provide that a nonparent, licensed child-placing agency, or
authorized agency appointed as managing conservator of the child
has the duty to provide the child with medical, psychological and
dental care and the right to establish the primary residence of the
child and to make decisions regarding the child's education. Makes
conforming and nonsubstantive changes.

SECTION 35. Amends Section 153.256, Family Code, H.B. 655, to
set forth required guidelines established by the standard
possession order in ordering the terms of possession of a child
under an order other than a standard possession order.

SECTION 36. Amends Section 153.313, Family Code, H.B. 655, to
require the possessory conservator if the person resides more than
100 miles from the child's residence, to have the right to
possession of the child during certain periods, provided that the
possessory conservator gives the managing conservator 14, rather
than seven, days notice, or by June 1, rather than by May 15, of
each year for summer vacations.

SECTION 37. Amends Section 153.316, Family Code, H.B. 655, to
require the court order to include a provision requiring the
possessory conservator to surrender the child to the managing
conservator at the end of each period of possession at the
residence of the managing conservator if the possessory
conservator and managing conservator lived in the same residence at
any time during a six-month period preceding the date on which a
suit for dissolution of the marriage was filed and the possessory
conservator's county of residence remains the same and the managing
conservator's county of residence changes, effective on the date
the order is rendered. Makes conforming changes.

SECTION 38. Amends Section 153.374(a), Family Code, H.B. 655, to
make a conforming change.

SECTION 39. Amends Section 154.001, Family Code, H.B. 655, as
follows:

Sec. 154.001. SUPPORT OF CHILD. (a) Created from existing
text.

(b) Authorizes the court to order either or both parents to
make payments for child support in a proceeding in which the
department is named temporary managing conservator.
Requires the court to order each parent that is financially
able to make payments in a proceeding in which the
department is named permanent managing conservator of a
child whose parents' rights have not been terminated.
SECTION 40. Amends Chapter 154A, Family Code, H.B. 655, by
adding Section 154.011, as follows:

Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR
ACCESS. Prohibits a court from rendering an order that
conditions the payment of child support on whether a managing
conservator allows a possessory conservator to have possession
of or access to a child.
SECTION 41. Amends Section 154.062(d), Family Code, H.B. 655, to
require the court to deduct state income taxes, among other items,
from resources to determine the net resources available for child
support.

SECTION 42. Amends Section 154.241, Family Code, H.B. 655, by
adding Subsection (e), to require a local registry to redirect and
forward a child support payment to an address and in care of a
person or entity designated by the obligee, at the obligee's
request. Authorizes a local registry to require that the obligee's
request be in writing or be made on a form provided by the local
registry for that purpose, but prohibits the registry from charging
a fee for these services.

SECTION 43. Amends Chapter 154F, Family Code, H.B. 655, by
adding Section 154.309, as follows:

Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT DISABLED
CHILD. (a) Authorizes a court to render an order for the
possession of or access to an adult disabled child that is
appropriate under the circumstances.

(b) Provides that possession of or access to an adult
disabled child is enforceable in the manner provided by
Chapter 157. Authorizes an adult disabled child to refuse
possession or access if the person is mentally competent.

(c) Provides that a court that obtains continuing, exclusive
jurisdiction of a suit affecting the parent-child
relationship involving a disabled person who is a child
retains jurisdiction of subsequent proceedings involving the
person.
SECTION 44. Amends Sections 155.101(a), (b), and (d), Family
Code, H.B. 655, to require the petitioner or the court to request
from the bureau, rather than the department, identification of the
court that last had continuing, exclusive jurisdiction of the child
unless certain criteria are met. Makes conforming changes.

SECTION 45. Amends Section 155.103, Family Code, H.B. 655, as
follows:

Sec. 155.103. New heading: RELIANCE ON BUREAU OF VITAL
STATISTICS INFORMATION. Requires a court to have jurisdiction
over a suit if it has been informed by the bureau, rather than
department, that the child has not been the subject of a suit
and the petition states that no other court has continuing,
exclusive jurisdiction over the child. Makes conforming
changes.
SECTION 46. Amends Section 155.104, Family Code, H.B. 655, to
make conforming changes.

SECTION 47. Amends Section 156.101, Family Code, H.B. 655, as
follows:

Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
CONSERVATORSHIP. (a) Created from existing text. Authorizes
a court to modify an order that designates a sole managing
conservator of a child of any age under certain circumstances.
Deletes the condition that the retention of the sole managing
conservator would be injurious to the welfare of the child
from those circumstances.

(b) Authorizes the court to modify an order that designates
a sole managing conservator of a child 12 years of age or
older under certain circumstances.
SECTION 48. Amends Section 156.203, Family Code, H.B. 655, to
authorize a court to replace a joint managing conservatorship with
a sole managing conservatorship if the child's living environment
may endanger the child's physical or emotional health, rather than
if the welfare of the child is a matter of immediate and serious
concern.

SECTION 49. Amends Section 157.062(c), Family Code, H.B. 655, to
delete an exception to the requirement that notice of hearing on a
motion for enforcement of an existing order providing for child
support or possession of or access to a child be given to the
respondent by personal service and within a certain time period.

SECTION 50. Amends Section 157.066, Family Code, H.B. 655, to
prohibit the court from holding the respondent in contempt if a
respondent who has been personally served with notice to appear at
a hearing does not appear to respond to a motion for enforcement of
an existing court order, regardless of whether the motion is joined
with other claims or remedies, but authorizes the court to grant a
default judgment for the relief sought and issue a capias for the
arrest of the respondent, rather than requiring the court to issue
a capias for the arrest under certain circumstances.

SECTION 51. Amends Section 157.115(a), Family Code, H.B. 655, to
make nonsubstantive changes.

SECTION 52. Amends Chapter 157D, Family Code, H.B. 655, by
adding Section 157.168, as follows:

Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS.
Authorizes a court to order additional periods of possession
of or access to a child to compensate for the denial of court-ordered possession or access.
SECTION 53. Amends Section 157.265, Family Code, H.B. 655, as
follows:

Sec. 157.265. New heading: ACCRUAL OF INTEREST ON CHILD
SUPPORT. (a)-(b) Make no changes.

(c) Provides that interest accrues on a money judgment for
retroactive or lump-sum child support at the annual rate of
12 percent simple interest from the date the order is
rendered until the judgment is paid.
SECTION 54. Amends Chapter 157F, Family Code, H.B. 655, by
adding Section 157.269, as follows:

Sec. 157.269. RETENTION OF JURISDICTION. Provides that a
court that renders an order providing for the payment of child
support arrearages retains jurisdiction until the arrearages
are paid in full as required by the court order.
SECTION 55. Amends Chapter 158A, Family Code, H.B. 655, by
adding Section 158.011, as follows:

Sec. 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR. (a)
Authorizes an obligor to file a request signed by the obligor
and the obligee for the issuance and delivery to the obligor's
employer of a writ of withholding (writ). Authorizes a
request to be filed regardless of whether a notice of
delinquency has been served on any party or of the existence
or amount of an arrearage.

(b) Requires the clerk to issue and deliver a writ in the
manner provided by this chapter.

(d) Authorizes an obligor whose employer receives a writ to
request a hearing.

(e) Authorizes an obligee to contest a writ by requesting a
hearing within a certain time period.

(f) Prohibits a writ from reducing the total amount of child
support, including arrearages, owed by the obligor.
SECTION 56. Amends Chapter 158B, Family Code, H.B. 655, by
adding Section 158.107, as follows:

Sec. 158.107. FEES FOR ISSUING AND DELIVERING WRIT.
Authorizes the court clerk to charge a fee in an amount up to
$15 for each writ issued and delivered to an employer by mail.

SECTION 57. Amends Section 158.301(b), Family Code, H.B. 655, to
authorize the notice of withholding to be filed in the court of
continuing jurisdiction by the obligor or obligee, among others.

SECTION 58. Amends Section 158.303, Family Code, H.B. 655, to
make conforming changes.

SECTION 59. Amends Section 158.309(b), Family Code, H.B. 655, to
provide an exception to the provision requiring the court to hold
a hearing on the motion to stay by the 30th day after the motion
was filed if a hearing on a motion to stay in a proceeding that is
not in a Title IV-D case to be held later than the 30th day if both
the obligor and obligee agree and waive the right to have the
motion heard within 30 days.

SECTION 60. Amends Chapter 158D, Family Code, H.B. 655, by
adding Section 158.319, as follows:

Sec. 158.319. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO
SUBSEQUENT EMPLOYER. (a) Authorizes an attorney authorized to
file a notice of withholding to issue the writ to a subsequent
employer of the obligor by delivering to the employer a
certified copy of the writ after the issuance of a writ by the
clerk.

(b) Sets forth requirements for the writ's content.

(c) Requires the attorney to file a copy of the writ with
the clerk within a certain time period and to pay the clerk
a fee of $15 at the time the copy of the writ is filed.

(d) Requires the attorney to file the postal return receipt
from the delivery to the subsequent employer within three
working days after receiving the receipt.
SECTION 61. Amends Chapter 158E, Family Code, H.B. 655, by
adding Sections 158.402 and 158.403 and redesignating Sections
158.402 and 158.403, as follows:

Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. Authorizes an
obligor and obligee to file a notarized request with the clerk
if the parties agree on a reduction in or termination of child
support. Requires the clerk to issue and deliver a writ to
the obligor's employer that reflects the modification or the
termination.

Sec. 158.403. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
IN VOLUNTARY WITHHOLDING CASES. (a) Authorizes an obligee or
an agency providing child support services to file a request
signed by the obligor and the obligee or agency for the
issuance and delivery to the obligor of a modified writ that
reduces the amount of withholding or a notice of termination
of withholding.

(b) Requires the clerk to issue and deliver a writ, modified
writ, or notice of termination upon request.

(d) Authorizes an obligee to contest a writ, modified writ,
or notice of termination by requesting a hearing within a
certain time period.
Sec. 158.404. Redesignates existing Section 158.402.

Sec. 158.405. Redesignates existing Section 158.403.
SECTION 62. Amends Section 160.101, Family Code, H.B. 655, as
follows:

Sec. 160.101. DENIAL OF PATERNITY. (a) Includes in the list
of authorized contests to the presumption that a man is the
biological father, a man presumed to be the father of the
child, who may contest his own or another man's presumed
paternity, a man alleging himself to be the biological father
of the child, and an authorized agency or licensed child-placing agency. Makes nonsubstantive changes.

(b) Created from existing Subsection (a).

SECTION 63. Amends Section 160.110, Family Code, H.B. 655, by
amending Subsection (a) and adding Subsections (d)-(h), as follows:

(a) Provides that the party denying a presumed father's
paternity of the child has the burden of rebutting the
presumption of paternity by clear and convincing evidence.

(d) Requires the court to dismiss with prejudice a claim
regarding a presumed father whose paternity is excluded by
scientific testing.

(e) Provides that the presumption that is founded on the
weightier considerations of policy and logic controls.
Requires the court to find that the weightier presumption of
paternity is that of a presumed father who is not excluded as
the biological father by scientific evidence.

(f) Requires the court to dismiss under certain circumstances
a suit contesting a presumption of paternity filed by a man
who is not a presumed father, but who alleges himself to be
the biological father.

(g) Authorizes a suit contesting a presumption that a man is
the biological father to be filed by certain parties at any
time during the minority of the child.

(h) Requires the court to enter an order finding that the man
presumed to be the father is not the biological father if a
presumption of paternity is rebutted.
SECTION 64. Amends Chapter 160C, Family Code, H.B. 655, to
authorize a statement of paternity to include a waiver of citation
in a suit to establish the parent-child relationship and may
include, rather than prohibiting from including, a waiver of the
right to notice of the proceedings. Deletes existing Section
160.204, relating to required notice after signing a waiver of
service of process. Redesignates existing Sections 160.205 and
160.206 as Sections 160.204-160.205.

SECTION 65. Amends Section 161.001, Family Code, H.B. 655, to
authorize the court to order termination of the parent-child
relationship if the court finds that the parent has constructively
abandoned the child who has been in the managing conservatorship of
the department or an authorized agency for not less than one year
and certain circumstances exist.

SECTION 66. Amends Section 161.002(b), Family Code, H.B. 655, to
make a conforming change.

SECTION 67. Amends Section 161.003(a), Family Code, H.B. 655, to
authorize the court to order termination of the parent-child
relationship in a suit filed by the department if the court finds
that the department has been the temporary or sole managing
conservator, rather than the permanent managing conservator or the
department has made reasonable efforts to return the child to the
parent, among other circumstances.

SECTION 68. Amends Section 161.005, Family Code, H.B. 655, as
follows:

Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a)
Created from existing text.

(b) Requires the department to be given service of citation
if the petition designates the department as managing
conservator. Requires the court to notify the department if
the court appoints the department as the managing
conservator of the child.
SECTION 69. Amends Section 161.103(a), Family Code, H.B. 655, to
require an affidavit for voluntary relinquishment of parental
rights to be signed after the birth of the child, but not before 48
hours after the birth of the child.

SECTION 70. Amends Section 161.104, Family Code, H.B. 655, to
include the right to consent to dental and psychological treatment
in the list of rights which are inferior to the right to possession
of the child by the person, licensed child-placing agency, or
authorized agency designated as managing conservator of a child in
an irrevocable or unrevoked affidavit of relinquishment.

SECTION 71. Amends Section 161.107(d), Family Code, H.B. 655, to
require the department to request the state agency designated to
administer a statewide plan for child support to use the parental
locator service to determine the location of the missing parent or
relative if the department is not able to locate a missing parent
or a relative and sufficient information is available concerning
the physical whereabouts of the parent or relative.

SECTION 72. Amends Section 161.206(a), Family Code, H.B. 655, to
specify that if the court finds clear and convincing evidence of
grounds for termination of the parent-child relationship, the court
shall render an order terminating the relationship.

SECTION 72. Amends Section 162.004(b), Family Code, H.B. 655,

SECTION 73. Amends Section 162.003, Family Code, H.B. 655, as
follows:

Sec. 162.003. SOCIAL STUDY. (a) Created from existing text.
Includes a suit in which a private agency or individual is
responsible for placing the child for adoption in the suits
for which the court is required to order a social study.

(b) Requires the social study required to include a complete
investigation of the circumstances and condition of the home
of a person petitioning for the adoption of a child.

(c) Requires the court to order that the cost of the social
study be paid by the person seeking to adopt the child who
is the subject of the social study.
SECTION 74. Amends Section 162.004, Family Code, H.B. 655, as
follows:

(a) Requires the court to set the date for the hearing on the
adoption at a time between the 40th and 60th day after the
later of the date the social study is ordered or the date the
criminal history record information is requested under Section
162.0085.

(b) Authorizes the court to set the hearing at any date after
the report is filed and the court has been notified of the
criminal history record information for a person seeking to
adopt the child, rather than at the time that provides
adequate time for filing the social study.
SECTION 75. Amends Chapter 162A, Family Code, H.B. 655, by
adding Section 162.0085, as follows:

Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a)
Requires the court to order each person seeking to adopt the
child to obtain that person's own criminal history record
information (information) in a suit affecting the parent-child
relationship in which an adoption is sought.

(b) Requires a person required to obtain information under
Subsection (a) to obtain the information in the manner
provided by Section 411.128, Government Code.
SECTION 76. Amends Section 162.010(a), Family Code, H.B. 655, to
require a hearing on the issue of consent to be conducted by the
court without a jury.

SECTION 77. Amends Section 162.015, Family Code, H.B. 655, as
follows:

Sec. 162.015. RACE OR ETHNICITY. (a) Created from existing
text.

(b) Provides that this section does not apply to a person,
entity, tribe, organization, or child custody proceeding
subject to the Indian Child Welfare Act of 1978. Defines
"child custody proceeding."
SECTION 78. Amends Section 162.021(b), Family Code, H.B. 655, to
make conforming changes.

SECTION 79. Amends Sections 162.405(b)-(g), Family Code, H.B.
655, to delete existing Subsection (b) relating to the requirement
that the court clerk transmit a report of adoption to the
administrator of the central registry. Redesignates existing
Subsections (c)-(g) as Subsections (b)-(f).

SECTION 80. Amends Chapter 201B, Family Code, H.B. 655, by
adding Section 201.111, as follows:

Sec. 201.111. TIME TO ACT ON MASTER'S REPORT. (a) Requires
the referring court to take certain action on the master's
report by the 30th day after its filing, except as provided by
Subsection (b).

(b) Provides that the time limit does not apply if a party
has filed a notice of appeal to the referring court.
SECTION 81. Amends Section 202.002(c), Family Code, H.B. 655, to
make a conforming change.

SECTION 82. Amends Section 231.006, Family Code, H.B. 655, as
follows:

Sec. 231.006. New heading: INELIGIBILITY TO RECEIVE STATE
GRANTS OR LOANS OR RECEIVE PAYMENTS ON STATE CONTRACTS. (a)
Includes a business entity in which the obligor is a sole
proprietor, partner, shareholder, or owner with an ownership
interest of at least 25 percent (parties to a business entity)
in the list of persons ineligible to receive payments from
state funds, rather than to submit a bid or enter into a state
contract or receive a state-funded grant or loan.

(b) Redesignates existing Subsection (c). Makes conforming
changes.

(c) Requires a bid or an application for a contract, grant,
or loan paid from state funds to include certain personal
information about the parties to the business entity
submitting the bid.

(d) Sets forth required language for a statement to be
included in a contract, bid, or application subject to the
requirements of this section.

(e) Authorizes a contract to be terminated if a state agency
determines that an individual or business entity holding a
state contract is ineligible to receive payment.

(f) Provides that the vendor is liable to the state to cover
certain damages if the certificate is shown to be false.

(g) Provides that this section does not create a cause of
action to contest a bid or award of a state grant, loan, or
contract. Provides that this section does not impose a duty
on the Title IV-D agency to collect information to send to
the comptroller to withhold a payment to a business entity.
Provides that the Title IV-D agency and other affected
agencies are encouraged to develop a system by which the
Title IV-D agency may identify a business entity that is
ineligible to receive a state payment under Subsection (a)
and to ensure that a state payment to the entity is not
made. Provides that this system should be implemented using
existing funds only if the Title IV-D agency, comptroller,
and other affected agencies determine that it will be cost-effective.

(h) Provides that this section does not apply to a contract
between governmental entities. Deletes existing Subsection
(d) requiring a statement to accompany a bid or application
affirming that the bidder is not 30 or more days late in
child support payments, but does not set forth specific
language.

(i) Created from existing Subsection (e). Authorizes the
Title IV-D agency, rather than the Title IV-D agency and the
General Services Commission, to adopt rules or prescribe
forms to implement any provision of this section. Deletes
existing Subsection (d).
SECTION 83. Amends Section 231.007(g), Family Code, H.B. 655, to
make a conforming change.

SECTION 84. Amends Section 231.302, Family Code, H.B. 655, by
adding Subsections (c)-(f), as follows:

(c) Requires each licensing authority, agency administering a
contract providing for a payment of state funds, and agency
administering a state-funded grant or loan to make certain
requests of applicants to assist in the administration of law
relating to child support enforcement.

(d) Provides that this section does not limit the right of an
agency or licensing authority to collect and use a social
security number under another provision of law.

(e) Provides that a social security number provided under this
section is confidential and authorizes its disclosure for the
purposes of responding to a request from an agency operating
under the provisions of Parts A and D of Title IV of the
federal Social Security Act.

(f) Authorizes the information collected by the Title IV-D
agency to be used only for child support purposes.

SECTION 85. Amends Title 5D, Family Code, H.B. 655, by adding
Chapter 232, as follows:

CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE
TO PAY CHILD SUPPORT

Sec. 232.001. DEFINITIONS. Defines "license," "licensing
authority," and "order suspending license."

Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. Sets
forth the list of state agencies that are licensing
authorities subject to this chapter:

Sec. 232.003. SUSPENSION OF LICENSE. Requires a court or
administrative agency to issue an order suspending a license
as provided by this chapter if an obligor meets certain
criteria.

Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a)
Authorizes a child support agency or obligee to file a
petition to suspend a license.

(b) Requires the petition to be filed with a Title IV-D
agency in a Title IV-D case.

(c) Requires the petition to be filed in the court of
continuing jurisdiction or the court in which a child
support order has been registered in a non-Title IV-D case.

(d) Provides that the proceedings are governed by the
contested case provisions under Chapter 2001, Government
Code. Provides that the director of the Title IV-D agency
is responsible for rendering a final decision in the
contested case proceeding.
Sec. 232.005. CONTENTS OF PETITION. (a) Requires a petition
to state that license suspension is required under Section
232.003 and allege certain information about the obligor.

(b) Authorizes a petition to include a copy of the record of
child support payments maintained by the Title IV-D registry
or local registry.
Sec. 232.006. NOTICE. (a) Requires the court or Title IV-D
agency to issue to the obligor certain information on the
filing of a petition.

(b) Authorizes notice to be served as in civil cases
generally.

(c) Requires the notice to state that an order suspending
license must be rendered on the 60th day after the date of
service of the notice, with exceptions.
Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a)
Requires a request for a hearing and motion to stay suspension
to be filed with the court or Title IV-D agency by the obligor
within 20 days after the date of service of the notice.

(b) Requires the court or Title IV-D agency to promptly
schedule a hearing, notify each party of the date, time, and
location of the hearing, and stay suspension pending the
hearing.

(c) Provides that a record of child support payments made by
the Title IV-D agency or a local registry is evidence of
whether the payments were made. Requires a copy of the
record appearing regular on its face to be admitted to a
hearing as evidence. Authorizes either party to offer
controverting evidence.
Sec. 232.008. ORDER SUSPENDING LICENSE. (a) Requires the
court or Title IV-D agency to render a final order suspending
license unless the obligor provides that all arrearages and
the current month's support have been paid.

(b) Authorizes the court or Title IV-D agency to render an
order suspending a license conditioned on the obligor's
compliance with a repayment schedule that is incorporated in
the order. Prohibits an order suspending a license with a
stay of the suspension from being served on the licensing
authority unless the stay is revoked.

(d) Authorizes the obligor to be ordered not to engage in
the licensed activity if the court or Title IV-D agency
renders an order.

(e) Requires the petition to be dismissed without prejudice
and prohibits an order suspending license from being
rendered if the court or Title IV-D agency denies the
petition.
Sec. 232.009. DEFAULT ORDER. Requires the court or Title IV-D agency to consider the allegations of the petition for
suspension to be admitted and to render an order suspending a
license if the obligor fails to take certain actions.

Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. Provides
that an order issued by a Title IV-D agency is a final agency
decision and is subject to review under the substantial
evidence rule.

Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) Requires
the licensing authority, on receipt of a final order, to
determine if the authority has issued a license to the obligor
named on the order and, if so, to perform certain actions.

(b) Requires a licensing authority to implement the terms of
a final order suspending license without additional review
or hearing. Authorizes the authority to provide notice to
the license holder or to others concerned with the license.

(c) Prohibits a licensing authority from modifying,
remanding, reversing, vacating, or staying an order
suspending license, or reviewing, vacating, or reconsidering
the terms of a final order.

(d) Provides that an obligor who is the subject of a final
order is not entitled to a refund for any fee or deposit
paid to the licensing authority.

(e) Provides that an obligor who continues to engage in the
activity after the implementation of the order suspending
license is liable for the same civil and criminal penalties
provided for engaging in the activity without a license.

(f) Exempts a licensing authority from liability to a
license holder for any authorized act.

(g) Provides that an order suspending license or dismissing
a petition for the suspension of a license does not affect
the power of a licensing authority to grant, deny, suspend,
revoke, terminate, or renew a license, except as provided by
this chapter.

(h) Provides that the denial or suspension of a driver's
license under this chapter is governed by this chapter.
Sec. 232.012. MOTION TO REVOKE STAY. (a) Authorizes certain
agencies to file a motion to revoke the stay of an order
suspending license if the obligor does not comply with the
terms of a reasonable repayment plan entered into by the
obligor.

(b) Authorizes notice of the motion, including notice of a
hearing, to revoke stay to be given to the address provided
by the obligor. Requires the notice to be provided at least
10 days before the hearing.

(d) Requires the court or Title IV-D agency to revoke the
stay of the order if the court or agency finds that the
obligor is not in compliance with the repayment plan.
Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.
(a) Authorizes the court or Title IV-D agency to render an
order vacating or staying an order suspending license if the
obligor has paid all delinquent child support or has
established a satisfactory payment record.

(b) Requires the court or agency to deliver an order
vacating or staying an order suspending license to the
appropriate licensing authority.

(c) Requires the licensing authority to issue the affected
license to the obligor if the obligor is otherwise qualified
for the license on receipt of an order vacating or staying
an order suspending license.

(d) Provides that an order rendered under this section does
not affect the right of the child support agency or obligee
to another remedy. Provides that an order under this
section does not affect the power of a licensing authority
to grant, deny, suspend, revoke, terminate, or renew a
license.
Sec. 232.014. FEE BY LICENSING AUTHORITY. Authorizes a
licensing authority to charge a fee to an obligor who is the
subject of an order suspending license in an amount sufficient
to recover the administrative costs incurred.

Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
TITLE IV-D AGENCY. (a) Authorizes the Title IV-D agency to
request from licensing authorities certain information for
each individual who holds, applies for, or renews a license.

(b) Requires a licensing authority to provide the requested
information in the manner agreed to by the Title IV-D agency
and the licensing authority.

(c) Authorizes the Title IV-D agency to enter into a
cooperative agreement with a licensing authority to
administer this chapter in a cost-effective manner.

(d) Authorizes the Title IV-D agency to adopt an
implementation schedule for the requirements of this
section.
Sec. 232.016. RULES, FORMS, AND PROCEDURES. Requires the
Title IV-D agency, by rule, to prescribe forms and procedures
for the implementation of this chapter.
SECTION 86. Amends Sections 261.001(1), (4), and (6), Family
Code, H.B. 655, to redefine "abuse," "neglect," and "report."

SECTION 87. Amends Section 261.101, Family Code, H.B. 655, as
follows:

(b) Prohibits a professional from delegating to or relying on
another person to make the report.

(c) Applies the requirement to report without exception to an
individual whose personal communications may otherwise be
privileged.

(d) Provides that the identity of an individual making a
report under this chapter is confidential and may be disclosed
only on the order of a court or to a law enforcement officer
for the purposes of conducting a criminal investigation of the
report.
SECTION 88. Amends Section 261.102, Family Code, H.B. 655, to
delete provisions providing that a report should reflect the
reporter's belief that a child has violated the compulsory school
attendance laws and has been voluntarily absent from home without
parental consent.

SECTION 89. Amends Section 261.103, Family Code, H.B. 655, to
require a report to be made to the department if the alleged or
suspected abuse involves a person responsible for the care,
custody, or welfare of the child.

SECTION 90. Amends Section 261.104, Family Code, H.B. 655, to
make a conforming change.

SECTION 91. Amends Section 261.106, Family Code, H.B. 655, as
follows:

Sec. 261.106. IMMUNITIES. (a) Provides that a person acting
in good faith who reports or assists in the investigation of
a report of alleged child abuse or neglect who testified or
otherwise participates in a judicial proceeding arising from
a report, petition, or investigation of alleged child abuse or
neglect is immune from civil or criminal liability that might
otherwise be incurred or imposed. Makes conforming changes.

(b) Provides that immunity from civil and criminal liability
extends to an authorized volunteer of the department or a
law enforcement officer who participates in an investigation
at the department's request if the person was acting in good
faith and in the scope the person's responsibilities, rather
than extending immunity to participation in a judicial
proceeding resulting from the report.

(c) Provides that a person who reports the person's own
abuse of a child or who acts in bad faith with malicious
purpose in reporting alleged abuse is not immune from civil
or criminal liability.
SECTION 92. Amends Section 261.107, Family Code, H.B. 655, to
delete existing Subsection (b), relating to a parent making a false
report about the other parent. Makes conforming changes.
SECTION 93. Amends Section 261.201, Family Code, H.B. 655, as
follows:

Sec. 261.201. New heading: CONFIDENTIALITY AND DISCLOSURE OF
INFORMATION. (a) Provides that reports of alleged or
suspected abuse, the identity of the person making the report,
and, except as otherwise provided, papers related to an
investigation or services are confidential, not subject to
public release, and able to be disclosed only for purposes
consistent with this and applicable federal or state laws or
under rules adopted by an investigating agency.

(b) Authorizes a court to order the disclosure of
information that is confidential if certain requirements are
met.

(c)-(e) Redesignates existing Subsections (b)-(d).

(f) Requires the department, on request and subject to
department rule, to provide to the parent, managing
conservator, or other legal representative of a child who is
the subject of reported abuse information that would
otherwise be confidential if the department has edited the
information to protect the confidentiality of the identity
of the person who made the report and any other person whose
life or safety may be endangered by the disclosure.
SECTION 94. Amends Sections 261.301(d) and (e), Family Code,
H.B. 655, as follows:

(d) Authorizes the department, by rule, to assign priorities
and prescribe investigative procedures for investigations
based on the severity and immediacy of the alleged harm to the
child.

(e) Requires the department or designated agency to make
certain determinations, as necessary to provide for the
protection of the child, rather than to complete a thorough
investigation.

SECTION 95. Amends Section 261.302, Family Code, H.B. 655, by
adding Subsection (d), to require an investigating agency to take
necessary action to provide for the temporary care and protection
of the child if the agency believes that the immediate removal of
a child is necessary.

SECTION 96. Amends Section 261.303, Family Code, H.B. 655, as
follows:

Sec. 261.303. New heading: INTERFERENCE WITH
INVESTIGATION; COURT ORDER. (a) Prohibits a person from
interfering with an investigation of a report of child abuse
or neglect conducted by the department or designated agency.

(b) Created from existing Subsection (a).

(c) Redesignates existing Subsection (b).
SECTION 97. Amends Section 261.308, Family Code, H.B. 655, by
adding Subsection (c), to authorize the court to direct the
department or designated agency to file a petition requesting
relief on receipt of the report and recommendations.

SECTION 98. Amends Sections 261.401(b) and (c), Family Code,
H.B. 655, to delete Subsection (b), relating to requiring an agency
to notify the department of each report of abuse or neglect it
receives. Makes conforming changes.

SECTION 99. Amends Sections 261.402(b), (c), and (e), Family
Code, H.B. 655, to require a state agency to immediately notify the
appropriate law enforcement agency of any report not from a law
enforcement agency that concerns the suspected abuse, neglect, or
death of a child from abuse or neglect. Redesignates existing
Subsection (c). Deletes existing text requiring the agency to
notify the department of any report. Requires the agency to report
the evidence to the appropriate law enforcement agency if the state
agency finds evidence indicating that a child may have been abused
or neglected. Makes conforming changes.

SECTION 100. Amends Chapter 261, Family Code, H.B. 655, by adding
Sections 261.404, 261.405, and 261.406, as follows:

Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
OF MENTAL HEALTH AND MENTAL RETARDATION. Requires the
department to investigate a report of abuse in a facility
operated by, regulated by, or providing services under a
contract with the Texas Department of Mental Health and Mental
Retardation (TXMHMR) under rules developed jointly between the
department and TXMHMR.

Sec. 261.405. INVESTIGATIONS IN COUNTY JUVENILE DETENTION
FACILITIES. Requires a report of alleged abuse in a county
juvenile detention facility to be made to a local law
enforcement agency for investigation.

Sec. 261.406. INVESTIGATIONS IN SCHOOLS. (a) Requires the
department to perform and investigation on receipt of a report
of alleged or suspected abuse in a public or private school
under the Central Education Agency (CEA).

(b) Requires the department to send a written report of the
department's investigation to CEA and the local governing
body for appropriate action. Requires the department, on
request, to provide a copy of the report of investigation to
the parent, managing conservator, or legal guardian of the
child who is the subject of the report. Requires the report
of investigation to be edited to protect the identity of the
persons who prepared the report of abuse or neglect or
provided information for the report.

(c) Prohibits anything in this section from preventing a law
enforcement agency from conducting an investigation of a
report made under this section.
SECTION 101. Amends Section 262.004, Family Code, H.B. 655, to
delete a provision including an authorized representative of the
department in the list of persons authorized to take possession of
a child without a court order on the voluntary delivery of the
child by the person who is presently entitled to possession of the
child.

SECTION 102. Amends Section 262.005, Family Code, H.B. 655, to
make conforming changes.

SECTION 103. Amends Section 262.101, Family Code, H.B. 655, to
include among the requirements for a petition or affidavit filed by
a governmental entity requesting permission to take possession of
a child facts sufficient to satisfy a person of ordinary prudence
that continuation in the home would be contrary to the child's
welfare even if reasonable in-home services were provided and there
is not time to make reasonable efforts to prevent or eliminate the
need for the removal of the child.

SECTION 104. Amends Section 262.102, Family Code, H.B. 655, to
require a court to find, rather than be satisfied from a sworn
petition or affidavit that certain circumstances exist before a
court may issue a temporary restraining order or attachment of a
child in a suit requesting an emergency order brought by a
governmental entity. Authorizes the court to consider whether the
child's household, rather than considering just the person who has
possession of the child, includes a person who has committed
certain acts of abuse. Makes conforming changes.

SECTION 105. Amends Section 262.107, Family Code, H.B. 655, to
require the court to order the return of the child at the initial
hearing regarding a child taken in possession without a court order
by a governmental entity unless the court is satisfied that there
is a substantial risk, rather than a reasonable likelihood, that
the child will be the victim of sexual abuse in the future, and the
nature of the emergency and the continuing danger to the child's
welfare make efforts to allow the child to remain with or return to
the person entitled to possession of the child impossible. Makes
conforming changes.

SECTION 106. Amends Chapter 262B, Family Code, H.B. 655, by
adding Section 262.111, as follows:

Sec. 262.111. FINDING THAT CHILD CANNOT REMAIN IN OR BE
RETURNED TO HOME. Provides that in the absence of a specific
finding to the contrary, the issuance of a temporary
restraining order or attachment pending a full adversary
hearing or the issuance of an order after a full adversary
hearing constitutes a finding by the court that for the child
to remain in the home is contrary to the child's welfare and
that the emergency made efforts to prevent the need for the
removal of the child impossible or unreasonable.
SECTION 107. Amends Section 262.201, Family Code, H.B. 655, as
follows:

Sec. 262.201. New heading: FULL ADVERSARY HEARING; FINDINGS
OF THE COURT. Makes conforming changes.
SECTION 108. Amends Section 263.001(a), Family Code, H.B. 655, by
amending Subdivision (2) and adding Subdivisions (3) and (4), to
redefine "child's home" and to define "household" and "substitute
care."

SECTION 109. Amends Section 263.002, Family Code, H.B. 655, to
require the court to hold a hearing to review the substitute care,
rather than the department's or authorized agency's placement of
the child in foster home care, group home care, or institutional
care.

SECTION 110. Amends Section 264.003(c), Family Code, H.B. 655, to
require the department to make conforming changes.

SECTION 111. Amends Section 263.202(b), Family Code, H.B. 655, to
require a status hearing to be limited to matters related to the
contents and execution of the service plan.

SECTION 112. Amends Section 263.303(b), Family Code, H.B. 655, to
require the status report to identify that the child remain in
substitute care, rather than foster care, for a specified period
and that the parents continue to work toward providing the child
with a safe environment; or the services needed to assist a child
16 years of age or older in the transition to adult life, among
other identifications. Makes conforming changes.

SECTION 113. Amends Section 263.304, Family Code, H.B. 655, to
require the court to hold a hearing to review the status of, and
permanency plan for, a child in substitute care in the court's
jurisdiction, including the time for the completion of the plan and
the projected date for the achievement of the child's permanency
plan.

SECTION 114. Amends Section 263.306, Family Code, H.B. 655, to
include in the list of determinations the court is required to make
at each review hearing whether the child continues to need
substitute care and whether the child's current placement is
appropriate for meeting the child's needs; a date for achieving the
child's permanency plan; if the child has been in substitute care
for not less than 18 months, the future status of the child and the
appropriateness of the date by which the child may return home and
whether to render further appropriate orders; if the child is in
substitute care outside the state, whether the out-of-state
placement continues to be appropriate and in the best interest of
the child; and if the child is placed in institutional care,
whether efforts have been made to ensure placement of the child in
the least restrictive environment consistent with the best interest
and special needs of the child. Redesignates existing Subdivisions
(5)-(11) as Subdivisions (9)-(15). Makes conforming changes.

SECTION 115. Amends Section 263.308, Family Code, H.B. 655, to
delete Subsection (b).

SECTION 116. Amends Section 264.009, Family Code, H.B. 655, as
follows:

Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT. (a) Sets
forth requirements for the department's representation in any
action, rather than suit, under this title, rather than just
the title in which the department requests to be named
conservator of a child, except as provided by Subsection (b).
Makes conforming changes.

(b) Requires the department, in a county with a population
of 2,800,000 or more, to be represented in an action under
this title in court by the attorney who represents the state
in civil cases in the district or county court of the county
where the action is brought, or the attorney general.
SECTION 117. Amends Chapter 264B, Family Code, H.B. 655, by
adding Section 264.109, as follows:

Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE
CASES. (a) Provides that the placement of a child in
substitute care by the department constitutes an assignment to
the state of any support rights attributable to the child as
of the date the child is placed in such care.

(b) Requires the department to refer a child placed by the
department in substitute care who is entitled to Title IV-D
child support enforcement services without the requirement
of an application for services to the Title IV-D agency
immediately. Requires, if an application is required and
the department has been named managing conservator to the
child, an authorized representative of the department to be
the designated individual entitled to apply for services on
behalf of the child and to promptly apply for such services.

(c) Requires the department and the Title IV-D agency to
execute a memorandum of understanding for the implementation
of the provisions of this section and for the allocation
between the department and the agency of any child support
funds recovered by the Title IV-D agency in substitute care
cases. Requires all child support funds recovered and
retained by the department or the Title IV-D agency and any
federal matching or incentive funds resulting from child
support collection efforts in substitute care cases to be in
excess of amounts otherwise appropriated to either the
department or the Title IV-D agency by the legislature.
SECTION 118. Amends Section 264.602(a), Family Code, H.B. 655, to
make conforming changes.

SECTION 119. Amends Section 264.603, Family Code, H.B. 655, as
follows:

Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) Created from
existing text. Deletes a provision requiring the attorney
general to contract with one statewide organization of
individuals who have expertise in the dynamics of child abuse
and neglect and experience in operating volunteer advocate
programs to manage the attorney general's contracts under
Section 264.202.

(b) Requires the contract to provide that not more than 12
percent of the annual legislative appropriation to implement
this subchapter may be spent for administrative purposes by
the statewide organization with which the attorney general
contracts under this section.
SECTION 120. Amends Section 264.604(b), Family Code, H.B. 655, to
make conforming changes.

SECTION 121. Amends Section 264.606, Family Code, H.B. 655, to
make conforming changes.

SECTION 122. Amends Section 264.607(b), Family Code, H.B. 433, to
make conforming changes.

SECTION 123. Amends Chapter 411F, Government Code, by adding
Section 411.128, as follows:

Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
PERSON SEEKING TO ADOPT CHILD. (a) Requires a person seeking
to adopt a child, who is ordered by the court to obtain a
person's own criminal history record information from the
department, to request the information as provided by this
section.

(b) Requires a person requesting information to provide the
department with the name and address of the court and the
date set for the adoption hearing.

(c) Requires the department to provide the court with
criminal history record information by the 10th day after
the criminal history record information was requested.

(d) Prohibits criminal history record information from being
released or disclosed to a person other than the court
ordering the investigation except on court order or with the
consent of the person who is the subject of the criminal
history record information.
SECTION 124. Amends Section 192.003, Health and Safety Code, by
adding Subsection (d), as added by Section 1, Chapter 519, Acts of
the 73rd Legislature, Regular Session, 1993, and Subsections (e)
and (f), as follows:

(e) Created from existing Subsection (d). Requires, if the
parents of the child are not married, a person listed by
Subsection (a) or (b) who is responsible for filing the birth
certificate to provide an opportunity from the child's parents
to sign the birth certificate or a form prescribed by the
department in which the biological father consents to be named
as the child's father, and provide written information about
establishing paternity.
(f) Redesignates existing Subsection (e).

(g) Requires the state registrar to transmit signed consent
forms to the attorney general to use for any purpose directly
connected with Chapter 231, Family Code, rather than Chapter
76, Human Resources Code.
SECTION 125. Amends Section 8, Article 5069-1.05, V.T.C.S., to
provide that this article does not apply to interest that accrues
on child support under Section 156.265, Family Code.

SECTION 126. Amends Section 107B(f), Article 6701, V.T.C.S.
(Uniform Act Regulating Traffic on Highways), to provide that use
or nonuse of a child passenger safety seat system is not admissible
evidence in a civil trial, other than a proceeding under Title 5A
or B, Family Code.

SECTION 127. Amends Section 107C(j), Article 6701d, V.T.C.S., to
make a conforming change.

SECTION 128. Repealer: Sections 105.006(f), 162.023, 162.024,
and 264.612(c), Family Code, H.B. 655 (relating to information in
the final order for child support-Transmittal of Adoption Record by
Clerk-Confidentiality Requirement for Department-relating to using
appropriations to implement volunteer advocate programs and
contracts).

SECTION 129. Effective date: September 1, 1995.
Makes application of this Act retroactive.

SECTION 130. Emergency clause.