74(R) SB 7 Senate Committee Report

BILL ANALYSIS

C.S.S.B. 7
By: Harris
Jurisprudence
5-3-95
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 71 (Section 231.006(i), Family
Code, as added by House Bill 655, 71st Legislature, Regular
Session, 1995) and SECTION 73 (Section 232.016, Family Code, H.B.
655), to agencies investigating child abuse in SECTION 81 (Section
261.201(a), Family Code, H.B. 655), to the Department of Regulatory
and Protective Services in SECTION 81 (Section 261.201(f), Family
Code, H.B. 655) and SECTION 88 (Section 261.404, Family Code, H.B.
655), and to the Texas Department of Mental Health and Mental
Retardation in SECTION 88 (Section 261.404, Family Code, H.B. 655)
of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.05(c), Family Code, to make
nonsubstantive changes.

SECTION 2. Amends Section 1.91(b), Family Code, to provide that if
a proceeding is not commenced before the second, rather than the
first, anniversary of the parties' separation, it is rebuttably
presumed that the parties did not enter into an agreement to be
married. Makes conforming changes.

SECTION 3. Amends Section 3.521, Family Code, by amending
Subsection (c) and adding Subsection (f) to prohibit a default
judgment from being taken against a party who makes an appearance
in a suit for dissolution of a marriage (suit) without filing an
answer unless the court gives the party notice of the trial setting
for the suit. Makes conforming changes.

SECTION 4. Amends Chapter 3C, Family Code, by adding Section 3.531,
as follows:

Sec. 3.531. EXPEDITED HEARING IN UNCONTESTED SUIT. (a)
Authorizes the court to set a suit on the court's calendar for
uncontested matters for an expedited hearing to be held within
30 days of the filing in an uncontested suit or if a general
denial is filed with a motion for an expedited hearing.
Authorizes the court to enter a final decree of divorce at the
conclusion of the expedited hearing.

(b) Sets forth the circumstances under which a suit may not
be set for an expedited hearing.

(c) Provides that Section 3.60 does not apply to a suit set
for an expedited hearing.
SECTION 5. Amends Chapter 3C, Family Code, by adding Section 3.541,
as follows:

Sec. 3.541. ALTERNATIVE DISPUTE RESOLUTION. (a) Authorizes
a court to refer a pending suit to resolution by an
alternative dispute resolution procedure (dispute resolution).

(b) Prohibits a court from requiring the parties to a suit
to participate in dispute resolution if an allegation of
family violence is made concerning one of the parties.

(d) Requires the parties to a suit who are referred to
dispute resolution to begin participation in the program
within 30 days of the referral date. Prohibits the court
from scheduling a hearing on the suit until proof of
completion of the program is provided or until the waiting
period is concluded if proof is provided before the 60th day
after the petition for divorce is filed.

(e) Authorizes the expenses of dispute resolution to be
taxed as costs against either or both parties.
SECTION 6. 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 7. Amends Chapter 3C, Family Code, by adding Section 3.56,
as follows:

Sec. 3.56. DISCOVERY. (a) Requires all discovery in a suit
to be completed within 90 days of the original filing.

(b) Requires an inventory of all community property of the
parties to the suit to be filed within 30 days after the
completion of the discovery.
SECTION 8. 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 9. Amends Chapter 5B, Family Code, by adding Section 5.241,
as follows:

Sec. 5.241. TRANSFERS AND DEBTS PENDING DIVORCE. (a)
Provides that a transfer of property or incurrence of debt
after a petition for divorce or annulment is filed and until
a final decree is entered that would subject community
property to liability, in an action brought by the other
spouse, the transfer or debt is voidable with respect to that
spouse if the transfer was made or the debt incurred with
malicious intent towards that spouse.

(b) Provides that a transfer or debt is not voidable if the
person dealing with the transferor or debtor spouse did not
have actual knowledge of the malicious intent.

(c) Provides that the spouse seeking to void the transfer or
debt has the burden of proving that the person dealing with
the transferor or debtor spouse had actual knowledge of the
malicious intent.
SECTION 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. Amends Sections 105.006(b), (d), and (e), Family
Code, H.B. 655, 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.

SECTION 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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 24. Amends Section 108.007, Family Code, H.B. 655, to
make conforming changes.

SECTION 25. 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 26. 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 27. 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 28. 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 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 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 31. 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 32. 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 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 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 38. 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 39. 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 40. 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 41. 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.
SECTION 42. 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 43. 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 44. Amends Section 155.104, Family Code, H.B. 655, to
make conforming changes.

SECTION 45. 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 46. 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 47. 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 48. 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 49. 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 50. 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 51. 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 52. 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 53. 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 54. 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 55. 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 56. 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 57. 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 58. 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 59. 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 60. 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 61. 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 62. 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 63. 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 64. 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 65. 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 66. 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 67. 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 68. Amends Section 162.021(b), Family Code, H.B. 655, to
make a conforming change.

SECTION 69. 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 70. 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 71. 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 the contract to be terminated if a state
agency determines that an individual or business entity
holding the contract is ineligible to receive payment under
Subsection (a).

(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 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 and to ensure that the payment is
not made. Provides that this system should be implemented
using existing funds and only if the affected agencies
determine that it will be cost-effective.

(h) Provides that this section does not apply to a contract
between governmental entities.

(i) Redesignates existing Subsection (c) to authorize 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) requiring a statement to accompany
a bid or application affirming that the bidder is not 30 or
more days late in child support payments.
SECTION 72. 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 73. 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 74. Amends Sections 261.001(1), (4), and (6), Family
Code, H.B. 655, to redefine "abuse," "neglect," and "report."

SECTION 75. 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 76. 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 77. 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 78. Amends Section 261.104, Family Code, H.B. 655, to
make a conforming change.

SECTION 79. 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 80. 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 81. 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 82. Amends Section 261.301(a), Family Code, H.B. 655, to
require the department or designated agency to make a prompt
investigation to substantiate the accuracy of a report of abuse
allegedly committed by a person responsible for a child's care,
custody, or welfare.

SECTION 83. 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 84. 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 85. 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 86. 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 87. 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 88. 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 89. 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 90. Amends Section 262.005, Family Code, H.B. 655, to
make conforming changes.

SECTION 91. 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 92. 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 93. 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 94. 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 95. 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 96. 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 97. 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 98. Amends Section 264.003(c), Family Code, H.B. 655, to
require the department to make conforming changes.

SECTION 99. 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 100. 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 101. 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 102. 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 103. Amends Section 263.308, Family Code, H.B. 655, to
delete Subsection (b).

SECTION 104. 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 105. Amends Chapter 264B, Government Code, H.B. 655, by
adding Section 264.109, as follows:

Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN FOSTER 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 immediately refer to the
Title IV-D agency the case of a child placed by the
department in substitute care who is entitled under federal
law to Title IV-D child support enforcement services without
the requirement of an application for services. Requires an
authorized representative of the department to be the
designated individual entitled to apply for services on
behalf of the child and to apply for such services if an
application for Title IV-D services is required and the
department has been named the managing conservator.

(c) Requires the department and the Title IV-D agency to
execute a memorandum of understanding for the implementation
of the provisions 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 106. Amends Chapter 34, Government Code, by adding
Section 34.0021, as follows:

Sec. 34.0021. DISCRIMINATION IN CONDUCTING OR REFUSING TO
CONDUCT MARRIAGE CEREMONY. (a) Prohibits a person authorized
to conduct a marriage ceremony from discriminating against a
qualified applicant on the basis of race, religion, or
national origin.

(b) Authorizes the State Commission on Judicial Conduct to
recommend to the supreme court that the judge or justice be
removed from office if that person intentionally violated
Subsection (a).
SECTION 107. 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 108. 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 109. Repealer: Section 3.59, Family Code (Temporary
Support).

Repealer: Section 105.006(f), Family Code, H.B. 655 (relating
to information in the final order for child support.)
SECTION 110. Repealer: Sections 1.82(c) and (d), 1.83(c) and
(d), 2.48, 3.57, and Chapter 72, Family Code (relating to a waiting
period before the issuance of a marriage license-relating to
discrimination in the conduct of marriage ceremonies-Marriage Less
than 72 Hours After Issuance of License-Transfers and Debts Pending
Decree-Contributing to Delinquency or Dependency of a Child).

SECTION 111. Effective date: September 1, 1995.
Makes application of this Act retroactive.

SECTION 112. Emergency clause.