BILL ANALYSIS
C.S.S.B. 1408
By: Harris
Jurisprudence
4-12-95
Committee Report (Substituted)
BACKGROUND
The Joint Interim Committee on the Family Code made numerous
recommendations regarding the parent-child relationship concerning
notice to be given when a suit seeks to appoint the Department of
Protective and Regulatory Services as managing conservator,
providing for the appointment of a guardian ad litem in certain
cases, and providing for clarifications of rights and duties of
parents after divorce.
PURPOSE
As proposed, C.S.S.B. 1408 sets forth requirements regarding the
rights and duties of a managing conservator and possession of and
access to a minor or adult disabled child.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 11.09(a), Family Code, to add to the list
of entities entitled to service of citation on the filing of a
petition affecting the parent-child relationship, the Department of
Protective and Regulatory Services (department), if the petition
requests that the department be appointed as managing conservator
of the child. Makes conforming changes.
SECTION 2. Amends Section 11.10(d), Family Code, to require the
court to appoint a guardian ad litem immediately to represent the
interests of the child in a suit in which the department, an
authorized agency, or a licensed child-placing agency is named
managing conservator of a child who requires continuous care and
personal supervision because of a mental or physical disability.
SECTION 3. Amends Section 14.02, Family Code, as follows:
Sec. 14.02. New heading: COURT TO SPECIFY RIGHTS AND DUTIES
OF PARENT APPOINTED AS CONSERVATOR. Requires the court to
specify the rights and duties of a parent that are to be
exercised by each parent independently, by the agreement of
the parents, and exclusively by one parent if both parents are
appointed as conservators of the child. Deletes provisions
providing that each parent retains the right to receive
certain information from the other parent.
Sec. 14.0201. LIMITATION OF PARENTAL RIGHTS AND DUTIES.
Authorizes the court to limit the rights and duties of a
parent appointed as a conservator if the court determines the
limitation is in the child's best interests. Makes conforming
changes.
Sec. 14.0202. RIGHTS AND DUTIES DURING POSSESSION. Makes
conforming and nonsubstantive changes.
Sec. 14.0203. RIGHTS AND DUTIES AT ALL TIMES. Sets forth the
rights and duties of a parent appointed as a conservator of a
child including rights specified by court order and the right
to consent to medical, dental, and surgical treatment during
an emergency involving an immediate danger to the health and
safety of the child, among others, subject to a limitation
imposed under Section 14.0201. Makes conforming and
nonsubstantive changes.
Sec. 14.0204. RIGHTS AND DUTIES OF PARENT WHO IS SOLE
MANAGING CONSERVATOR. Makes conforming and nonsubstantive
changes.
Sec. 14.0205. RIGHTS AND DUTIES OF MANAGING CONSERVATOR OTHER
THAN PARENT. Provides that a managing conservator who is not
the parent of the child has the right to establish the primary
residence of a child, among other rights, and is subject to
the same limitations that apply to a parent under Section
14.0201.
Sec. 14.0206. RIGHTS AND DUTIES OF MANAGING CONSERVATOR
DESIGNATED IN AFFIDAVIT OF RELINQUISHMENT. Makes conforming
and nonsubstantive changes.
Sec. 14.0207. EFFECT OF APPOINTMENT OF MANAGING CONSERVATOR
ON RIGHT TO INHERIT. Makes a conforming and nonsubstantive
change.
SECTION 4. Amends the heading of Section 14.051, Family Code, as
follows:
Sec. 14.051. SUPPORT AND POSSESSION OF, AND ACCESS TO, A
MINOR OR ADULT DISABLED CHILD.
SECTION 5. Amends Section 14.051, Family Code, by amending
Subsections (b), (g), and (h) and by adding Subsection (l), to make
nonsubstantive changes. Authorizes the court to render an order
for the possession of or access to an adult disabled child that is
appropriate under the circumstances. Provides that possession of
or access to a disabled child is enforceable, except that an adult
disabled child may refuse possession or access if the adult
disabled child is mentally competent.
SECTION 6. Amends Section 107.004, Family Code, as added by H.B.
655, 74th Legislature, 1995, by amending Subsection (c) and adding
Subsection (d), as follows:
(c) 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 or having served 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.
(d) Requires the court to require that a volunteer advocate
prepare a report for the court to contain only information
relevant to the suit for which the volunteer was appointed.
Authorizes a court or jury to consider a report prepared by a
volunteer only under certain circumstances.
SECTION 7. Amends Section 264.602(a), Family Code, to require the
statewide organization with which the attorney general contracts
under Section 264.603 to contract for services with eligible
volunteer advocate programs to expand the existing services of the
program.
SECTION 8. Amends Section 264.603, Family Code, to require an
administrative contract between one statewide organization of
individuals who have expertise in operating volunteer advocate
programs and the attorney general to provide that not more than 12
percent of the annual legislative appropriation to implement this
subchapter may be spent for administrative purposes by the
statewide organization with which the attorney general contracts.
Deletes a provision requiring the contract to manage the attorney
general's contracts under Section 264.602.
SECTION 9. Amends Section 264.604(b), Family Code, to prohibit the
statewide organization with which the attorney general contracts
from contracting with a person that is not eligible under this
section. Authorizes the statewide organization to waive the
requirement in Subsection (a)(3) for an established program under
special circumstances.
SECTION 10. Amends Section 264.606, Family Code, to make
conforming changes.
SECTION 11. Amends Section 264.607(b), Family Code, to make
conforming changes.
SECTION 12. Repealer: Section 264.612(c), Family Code (relating
to funding).
SECTION 13. Effective date: September 1, 1995.
Makes application of this Act prospective.
SECTION 14. Emergency clause.