74(R) SB 7 House Committee Report

BILL ANALYSIS

C.S.S.B. 7
By: Harris (Goodman)
May 17, 1995
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 nonsubstantively recodified the Family Code.

PURPOSE

As proposed, C.S.S.B. 7 substantively revises the Family Code by
amending H.B. 655, passed by the 74th Legislature, including
provisions relating to the dissolution of the marriage
relationship, 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 in SECTION 79 (Section 231.006(i), Family
Code, as added by House Bill 655, 74th Legislature, Regular
Session, 1995), SECTION 82 (Section 232.015 and 232.016, Family
Code, H.B. 655), to agencies investigating child abuse in SECTION
90 (Section 261.201(a), Family Code, H.B. 655), to the Department
of Regulatory and Protective Services in SECTION 90 (Section
261.201(f), Family Code, H.B. 655), SECTION 91 (261.301(d), Family
Code,H.B. 655), and SECTION 97 (Section 261.404, Family Code, H.B.
655), to the Texas Department of Mental Health and Mental
Retardation in SECTION 97 (Section 261.404, Family Code, H.B. 655),
to the Comptroller of Public Accounts in SECTION 82 (Section
232.015, Family Code, H.B. 655), and to the Texas Alcoholic
Beverage Commission in SECTION 82 (Section 232.015, Family Code,
H.B. 655) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3.521, Family Code, by amending
Subsection (c) by making conforming changes to renumbered section
of Title 5, Section 102.010, formerly Section 11.09, Family Code.

SECTION 2. Amends Subchapter C, Chapter 3, Family Code, by adding
a new Section 3.522 which requires that a statement regarding
alternative dispute resolution shall be added to the first pleading
filed by a party in actions brought under Title 1, Family Code.

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
permit that an unmarried minor may consent to medical, dental and
psychological treatment of the minor's child if the minor has
actual custody of the child.

SECTION 7. Amends Section 41.001, Family Code, H.B. 655, to
clarify that parental liability for damage caused by a child's acts
extends to legal guardians and that parents and legal guardians are
liable for death, personal injury or property damage caused by the
child's conduct.

SECTION 8. Amends Section 41.002, Family Code, H.B. 655, as
follows:

(a) Increases parental liability for damages caused by a child
from $15,000 to $25,000; and

(b) Clarifies that the provisions of this section does not
limit liability for damages for personal injury or death.

SECTION 9. 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 10. 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 11. Amends Section 102.0085, Family Code, H.B. 655, to
require that a statement be added to a party's first pleading in a
suit affecting the parent-child relationship concerning alternative
dispute resolution.

SECTION 12. 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 13. 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 14. 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 15. Amends Sections 105.006, Family Code, H.B. 655, by
amending Subsections (b) and (e) and adding Subsection (g) to
expand the required language for a statement for an order in a suit
that orders child support or possession of or access to a child.
Requires each person who is a party to an order to notify each
other party, rather than just the court clerk, of certain required
information. Requires a court in a county with a population of 2.8
million or more to order a party to inform the court clerk of an
information change required by this section.

SECTION 16. Amends Section 105.007, Family Code, H.B. 655, as
follows:

Sec. 105.007. New heading: COMPLIANCE WITH ORDER REQUIRING
INFORMATION REGARDING CONSERVATOR'S EMPLOYER. (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 of certain personal information to the court clerk,
rather than also 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 before the 11th day after
the date the information changed, rather than before the
60th day before the conservator changes residences. Makes
conforming changes.

SECTION 17. 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 18. Amends Section 108.001, Family Code, H.B. 655, to
require the court clerk to transmit to the bureau of vital
statistics (bureau), rather than the department, a copy of the
order rendered in a suit, together with the name and all prior
names, birth date, and place of birth of the child. Provides that
all the records required to be maintained by the bureau and the
records of a child-placing agency that has ceased operations,
rather than the department, are confidential. Makes conforming
changes.

SECTION 19. Amends Section 108.003, Family Code, H.B. 655, as
follows:

Sec. 108.003. TRANSMITTAL OF FILES OF 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 copy of the petition and order of petition,
excluding certain papers relating to a suit to dissolve a
marriage, if the petitioner did not request that the complete
filed be sent. Makes conforming changes.

(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 20. 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 completed file in the case,
rather than only if the petitioner has requested that a complete
filed be sent. Makes conforming changes.

SECTION 21. Amends Section 108.005, Family Code, H.B. 655, as
follows:

Sec. 108.005. New heading: ADOPTION RECORDS RECEIVED BY
BUREAU OF VITAL STATISTICS. Makes conforming changes.
SECTION 22. 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 23. Amends Section 108.007, Family Code, H.B. 655, to make
conforming changes.

SECTION 24. 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 25. 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 26. 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 27. 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 28. Amends Subchapter A, Chapter 153, Family Code, H.B.
655, to add a new Section 153.0025, as follows:

(a) Authorizes the court to order parties in a suit affecting
the parent-child relationship to attend a four-hour course
concerning the effects of such suits on children;

(b) Provides that the court must approve the person or group
who conducts such course;

(d) Provides that the party's failure to attend the course can
result in contempt or other sanctions;

(e) Provides that the party may be required to pay a
reasonable fee for the course; and

(f) Provides that the court may not order attendance in suits
brought by the Department of Protective and Regulatory
Services, the Title IV-D agency (Attorney General) or in which
an application for a protective order is sought.

SECTION 29. 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 30. Amends Subchapter A, Chapter 153, Family Code, H.B.
655, by adding a new Section 153.0071 as follows:

Sec. 153.0071. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (a)
Provides that if the parties agree in writing the court may order
arbitration and that the agreement shall state whether such
arbitration is binding;

(b) Authorizes the court to render an order in accordance with
the arbitrator's award unless the court determines the award
is not in the child's best interests and provides that the
party who seeks to avoid the arbitrator's decision has the
burden of proof;

(c) Provides that a court may refer a suit to mediation on the
written agreement of the parties or the court's own motion;

(d) Provides that a mediated settlement is binding on the
parties if it states that it is not subject to revocation, is
signed by all parties, and is signed by the party's attorney
(if the attorney is present when the agreement is signed);

(e) Authorizes judgment based on a mediated settlement
agreement; and

(f) Provides that the remedies provided in this section apply
to Title 1 actions.

SECTION 31. Amends Chapter 153, Subchapter A, 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 32. 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 33. 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 34. 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 35. 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 36. 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 37. 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 38. Amends Section 153.374(a), Family Code, H.B. 655, by
correcting a cross reference to Chapter 161, as chapter number was
changed in H.B. 655.

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 154, Subchapter A, 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 154, Subchapter F, 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.
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, to
require 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.

(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 Chapter 157, Subchapter D, 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 52. 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 53. Amends Chapter 157, Subchapter F, Family Code, H.B.
655, by adding new 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 arrearage retains jurisdiction until the arrearage are
paid in full as required by the court order.
SECTION 54. Amends Chapter 158, Subchapter A, 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 arrearage, owed by the obligor.
SECTION 55. Amends Chapter 158, Subchapter B, 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 56. 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 57. Amends Section 158.303, Family Code, H.B. 655 by
correcting cross references to Chapter 159 in Subsections (a), (b)
and (c) as chapter number was redesignated in H.B. 655.

SECTION 58. 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 59. Amends Chapter 158, Subchapter D, 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 60. Amends Chapter 158, Subchapter E, 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 61. 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 62. 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 63. Amends Subchapter C, Chapter 160, Family Code, H.B.
655, by amending Sections 160.201-160.205, as follows:

Sec. 160.201. No change.

Sec. 160.202. Amends (b) to provides that a statement of
paternity may contain a waiver of notice of proceedings.

Sec. 160.203. No change.

Sec. 160.204. Original Section is deleted as it is not needed
based on the change made is Subsection (b) above, and former
Section 160.205 is redesignated Sec. 160.204.

SECTION 64. 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 65. Amends Section 161.002(b), Family Code, H.B. 655 as
follows:

(b) corrects cross reference to Chapter 160 as chapter was
incorrectly designated in H.B. 655 and adds new provision to
subdivision (4) which requires that court find Department of
Protective and Regulatory Services has made reasonable efforts
before parents parental rights can be terminated.

SECTION 66. 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, among
other circumstances.

SECTION 67. 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 68. Amends Section 161.103(a), Family Code, H.B. 655, to
provide that an affidavit of relinquishment may not be signed
before 48 hours after the birth of the child.

SECTION 69. 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 70. 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 71. Amends Section 161.206(a), Family Code, H.B. 655, to
clarify that court may terminate parent-child relationship, if
court finds by clear and convincing evidence that grounds for
termination exists.

SECTION 72. Amends Section 162.004(b), Family Code, H.B. 655, to
authorize the court to set the hearing at any date after the report
is filed, rather than at the time that provides adequate time for
filing the social study.

SECTION 73. 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 74. 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 75. Amends Section 162.021(b), Family Code, H.B. 655, to
make a conforming change.

SECTION 76. 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 77. Amends Chapter 201, Subchapter B, 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 78. Amends Section 202.002(c), Family Code, H.B. 655 by
changing cross reference to Chapter 158, as chapter number was
redesignated in H.B. 655, by changing "foster care" to "substitute
care" and by adding requirement that if child has been placed in an
institution court must review whether placement is least
restrictive alternative for child.

SECTION 79. 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, nor does it impose a duty on the Title IV-D agency
to collect information to withhold a payment to a business
entity. Encourages affected agencies to establish a system to
identify ineligible entities.

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

SECTION 80. Amends Section 231.007(g), Family Code, H.B. 655, by
correcting a cross reference to Chapter 154, as chapter number was
redesignated in H.B. 655

SECTION 81. 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 82. Amends Subtitle D, Title 5, 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 arrearage 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.
(e) Requires the Title IV-D agency, the Comptroller, and
the Texas Alcoholic Beverage Commission to specify
prerequisites, by rule, for suspension of licenses relating to
taxes collected under Title 2 of the Tax Code not later
than March 1, 1996.

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 83. Amends Sections 261.001(1), (4), and (6), Family Code,
H.B. 655, to redefine "abuse," "neglect," and "report."

SECTION 84. 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 85. 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 86. 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 87. Amends Section 261.104, Family Code, H.B. 655, to make
a conforming change.

SECTION 88. 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 89. 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 90. 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) Redesignates existing Subsection (b). Requires, rather
than authorizes the department to edit the documents to
protect the identify of the biological parents and any other
person whose identity is confidential.

(d)-(e) Redesignates existing Subsections (c) and (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 91. Amends Section 261.301(d) and (e), Family Code, H.B.
655, as follows:

(d) Provides that the department may, by rule, prescribe the
investigative procedures for child abuse and neglect
investigations; and

(e) Clarifies the requirements of an investigation.

SECTION 92. 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 93. 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 94. 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 95. 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 96. 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 97. 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 to
provide a copy of the report and investigation findings to
the parent, managing conservator, or legal guardian of the
child who is the subject of the report.
SECTION 98. 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 99. Amends Section 262.005, Family Code, H.B. 655, to make
conforming changes.

SECTION 100. 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 101. 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 102. 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 103. Amends Chapter 262, Subchapter B, 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 104. 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 105. 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 106. 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 107. Amends Section 263.003(c), Family Code, H.B. 655, to
require the department to make conforming changes.

SECTION 108. 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 109. Amends Section 263.303(b), Family Code, H.B. 655, to
require the status report to identify the services needed to assist
a child 16 years of age or older in the transition to adult life.

SECTION 110. 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 111. 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. Redesignates existing Subdivisions (5)-(11) as
Subdivisions (9)-(15).

SECTION 112. Amends Section 263.308, Family Code, H.B. 655, to
delete Subsection (b).

SECTION 113. 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 114. Amends Subchapter B, Chapter 264, Family Code, H.B.
655, by adding a new Section 264.109, as follows:

Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE
CASES.

(a) Provides that placing a child in substitute
(foster) care constitutes an assignment of support
rights to the state;

(b) Provides that the department shall refer to the
Title IV-D agency cases in which the child is entitled
to child support services; and

(c) Requires the department and the Title IV-D agency
to enter into an agreement to allocate any child support
recovered by the Title IV-D agency.

SECTION 115. Amends Section 264.602(a), Family Code, H.B. 655, by
clarifying that it is the statewide organization (Texas CASA) that
contracts with each local CASA rather than the Attorney General.

SECTION 116. Amends Section 264.603, Family Code, H.B. 655, as
follows:

(a) strikes subdivision (2);

(b) adds this new subsection which provides that no more than
twelve percent of the funds appropriated for operation of CASA
can be spent by the statewide organization (Texas CASA).

SECTION 117. Amends Section 264.604(b), Family Code, H.B. 655, by
clarifying that it is the statewide organization (Texas CASA) that
the Attorney General contracts with which contract with local
organizations.

SECTION 118. Amends Section 264.606, Family Code, H.B. 655, by
clarifying that it is the statewide organization (Texas CASA) that
the Attorney General contracts with which contract with local
organizations.

SECTION 119. Amends Section 264.607(b), Family Code, H.B. 655, by
clarifying that it is the statewide organization (Texas CASA) that
the Attorney General contracts with which contract with local
organizations.

SECTION 120. Amends Section 192.003, Health and Safety Code, by
amending Subsections (d)-(f), as follows:

(e) Requires a person listed by Subsection (a) or (b) who is
responsible for filing the birth certificate to provide an
opportunity for the child's mother and father to sign the
birth certificate and provide written information about
establishing paternity to the child's father, if present, if
the mother of the child is not married to the father of the
child.

(f)-(g) Redesignate existing Subsections (e)-(f).
SECTION 121. 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 122. Repeals Sections 105.006(f), 162.023, 162.024, and
264.612(c), Family Code.

SECTION 123. Effective date: September 1, 1995. Makes application
of this act retroactive.

SECTION 124. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

PROVISIONS NOT INCLUDED IN CSSB 7:

Several provisions contained in the original bill have been
deleted, these are (SECTION NUMBERS REFER TO FILED VERSION):

SECTION 1. Amending Section 1.05, Family Code, concerning
affidavits of a person who is absent and who seeks a divorce;

SECTION 2. Amending Section 1.91(b), Family Code, concerning
common law marriage;

SECTION 4. Adding new Section 3.531, Family Code, concerning
expedited divorce hearings;

SECTION 5. Adding new Section 3.541, Family Code, concerning
alternative dispute resolution in divorce proceedings;

SECTION 7. Adding new Section 3.56, Family Code, concerning
discovery in divorce actions;

SECTION 9. Adding new Section 5.241, Family Code, concerning
transfers and debts pending divorce; and

SECTION 106. Amending Section 34.0021, Family Code, concerning
discrimination in conducting or refusing to conduct marriage
ceremony.

PROVISIONS ADDED TO CSSB 7:

Several provisions not contained in the original bill have
been added to the committee
substitute, these sections are:

SECTION 28. Amends Subchapter A, Chapter 153, Family Code, H.B.
655, to add a new Section 153.0025, as follows:

(a) Authorizes the court to order parties in a suit affecting
the parent-child relationship to attend a four-hour course
concerning the effects of such suits on children;

(b) Provides that the court must approve the person or group
who conducts such course;

(d) Provides that the party's failure to attend the course can
result in contempt or other sanctions;

(e) Provides that the party may be required to pay a
reasonable fee for the course; and

SECTION 30. Amends Subchapter A, Chapter 153, Family Code, H.B.
655, by adding a new Section 153.0071 as follows:

(a) Provides that if the parties agree in writing the court
may order arbitration and that the agreement shall state
whether such arbitration is binding;

(c) Provides that a court may refer a suit to mediation on the
written agreement of the parties or the court's own motion;

(e) Authorizes judgment based on a mediated settlement
agreement; and

(f) Provides that the remedies provided in this section apply
to Title 1 actions.

SECTION 91. Amends Section 261.301(d) and (e), Family Code, H.B.
655, as follows:

(d) Provides that the department may, by rule, prescribe the
investigative procedures for child abuse and neglect
investigations; and

(e) Clarifies the requirements of an investigation.

SECTION 114. Amends Subchapter B, Chapter 264, Family Code, H.B.
655, by adding a new Section 264.109, as follows:

Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE CARE
CASES.

(a) Provides that placing a child in substitute
(foster) care constitutes an assignment of support
rights to the state;

(b) Provides that the department shall refer to the
Title IV-D agency cases in which the child is entitled
to child support services; and

(c) Requires the department and the Title IV-D agency
to enter into an agreement to allocate any child support
recovered by the Title IV-D agency.

SECTION 115. Amends Section 264.602(a), Family Code, H.B. 655, by
clarifying that it is the statewide organization (Texas CASA) that
contracts with each local CASA rather than the Attorney General.

SECTION 116. Amends Section 264.603, Family Code, H.B. 655, as
follows:

(a) strikes subdivision (2);

(b) adds this new subsection which provides that no more than
twelve percent of the funds appropriated for operation of CASA
can be spent by the statewide organization (Texas CASA).

SUMMARY OF COMMITTEE ACTION

S.B. 7 was considered in a formal meeting on May 17, 1995. The
committee considered a complete substitute for the bill which was
adopted without objection. S.B. 7 was reported favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 7 ayes, 0 nays, 0 pnv, 2 absent.