By Goodman, Thompson, Combs, McCall, et al.            H.B. No. 433
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the parent-child relationship, suits affecting the
    1-3  parent-child relationship, and the protection of children.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3.521(c), Family Code, is amended to read
    1-6  as follows:
    1-7        (c)  The form authorized in this section and the form
    1-8  authorized by Section 102.010 <11.09 of this code> may be combined
    1-9  in appropriate situations.
   1-10        SECTION 2.  Subchapter C, Chapter 3, Family Code, is amended
   1-11  by adding Section 3.522 to read as follows:
   1-12        Sec. 3.522.  STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
   1-13  (a)  A party to a proceeding under this title shall include in the
   1-14  first pleading filed by the party in the proceeding the following
   1-15  statement:
   1-16              "I AM AWARE THAT IT IS THE POLICY OF THE
   1-17              STATE OF TEXAS TO PROMOTE THE AMICABLE AND
   1-18              NONJUDICIAL SETTLEMENT OF DISPUTES
   1-19              INVOLVING CHILDREN AND FAMILIES.  I AM
   1-20              AWARE OF ALTERNATIVE DISPUTE RESOLUTION
   1-21              METHODS INCLUDING MEDIATION.  WHILE I
   1-22              RECOGNIZE THAT ALTERNATIVE DISPUTE
   1-23              RESOLUTION IS AN ALTERNATIVE TO AND NOT A
   1-24              SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
    2-1              MAY BE TRIED IF IT IS NOT SETTLED, I
    2-2              REPRESENT TO THE COURT THAT I WILL ATTEMPT
    2-3              IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
    2-4              IN THIS CASE BY ALTERNATIVE DISPUTE
    2-5              RESOLUTION WITHOUT THE NECESSITY OF COURT
    2-6              INTERVENTION."
    2-7        (b)  The statement required by Subsection (a) must be printed
    2-8  in boldfaced type or capital letters and signed by the party.
    2-9        (c)  The statement in Subsection (a) is not required for:
   2-10              (1)  a pleading in which citation on all respondents
   2-11  entitled to service of citation is requested, issued, and given by
   2-12  publication;
   2-13              (2)  a motion or pleading that seeks a protective order
   2-14  under Section 3.581; or
   2-15              (3)  a special appearance under Rule 120A, Texas Rules
   2-16  of Civil Procedure.
   2-17        SECTION 3.  Sections 3.55(b), (c), and (d), Family Code, are
   2-18  amended to read as follows:
   2-19        (b)  If the parties are parents of a child, as defined by
   2-20  Section 101.003 <11.01 of this code>, and the child is not under
   2-21  the continuing jurisdiction of any other court as provided by
   2-22  Chapter 155 <under Section 11.05 of this code>, the suit for
   2-23  divorce, annulment, or to declare the marriage void, must include a
   2-24  suit affecting the parent-child relationship under Title 5
   2-25  <Subtitle A, Title 2, of this code>.  If a suit affecting the
   2-26  parent-child relationship is pending at the time the suit for
   2-27  divorce, annulment, or to declare a marriage void is filed, the
    3-1  suit affecting the parent-child relationship shall be transferred
    3-2  as provided by Section 103.002 to the court in which the suit for
    3-3  dissolution of a marriage is filed.
    3-4        (c)  If the parties are parents of a child, as defined by
    3-5  Section 101.003 <11.01 of this code>, and the child is under the
    3-6  continuing jurisdiction of another court under Chapter 155 <Section
    3-7  11.05 of this code>, either party to the suit for divorce,
    3-8  annulment, or to declare the marriage void may move that court for
    3-9  transfer of the suit affecting the parent-child relationship to the
   3-10  court having jurisdiction of the suit or divorce, annulment, or to
   3-11  declare the marriage void.  The court with continuing jurisdiction
   3-12  shall then transfer the proceeding to the court with jurisdiction
   3-13  of the suit for divorce, annulment, or to declare the marriage void
   3-14  as provided by Chapter 155.  <Proceedings for transfer under this
   3-15  section shall be governed by the procedures governing transfer
   3-16  under Section 11.06 of this code.>  On transfer of the proceedings
   3-17  to the court with jurisdiction of the suit for divorce, annulment,
   3-18  or to declare the marriage void, that court shall consolidate the
   3-19  suit affecting the parent-child relationship with the suit for
   3-20  divorce, annulment, or to declare the marriage void.
   3-21        (d)  After transfer of a suit affecting the parent-child
   3-22  relationship as provided in Subsection (b) or (c) <of this
   3-23  section>, or if the parties are parents of a child and no other
   3-24  court has jurisdiction of the child, the court with jurisdiction of
   3-25  the suit for divorce, annulment, or to declare the marriage void
   3-26  has jurisdiction to render an order in the suit <make orders,
   3-27  decrees, or judgments> affecting the parent-child relationship as
    4-1  provided by Title 5 <in the same manner that a court with
    4-2  jurisdiction of a suit affecting the parent-child relationship has
    4-3  under Subtitle A, Title 2, of this code, and is subject to the same
    4-4  rules, requirements, and standards set forth in Subtitle A, Title
    4-5  2, of this code for such suits.  On entering its decree or judgment
    4-6  affecting the parent-child relationship, the court has continuing
    4-7  jurisdiction under Section 11.05 of this code, and the decree or
    4-8  judgment shall be treated for all purposes as though it were
    4-9  entered in a suit affecting the parent-child relationship>.
   4-10        SECTION 4.  Section 4.02, Family Code, is amended to read as
   4-11  follows:
   4-12        Sec. 4.02.  DUTY TO SUPPORT.  Each spouse has the duty to
   4-13  support the other spouse.  <Each parent has the duty to support his
   4-14  or her child during the period that the child is a minor, and
   4-15  thereafter so long as the child is fully enrolled in an accredited
   4-16  secondary school in a program leading toward a high school diploma
   4-17  until the end of the school year in which the child graduates.>  A
   4-18  spouse <or parent> who fails to discharge the duty of support is
   4-19  liable to any person who provides necessaries to the spouse <those>
   4-20  to whom support is owed.
   4-21        SECTION 5.  Section 32.001, Family Code, as added by House
   4-22  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   4-23  amended to read as follows:
   4-24        Sec. 32.001.  CONSENT BY NON-PARENT.  (a)  The following
   4-25  persons may consent to medical, dental, psychological, and surgical
   4-26  treatment of a child when the person having the right to consent as
   4-27  otherwise provided by law cannot be contacted and that person has
    5-1  not given actual notice to the contrary:
    5-2              (1)  a grandparent of the child;
    5-3              (2)  an adult brother or sister of the child;
    5-4              (3)  an adult aunt or uncle of the child;
    5-5              (4)  an educational institution in which the child is
    5-6  enrolled that has received written authorization to consent from a
    5-7  person having the right to consent;
    5-8              (5)  an adult who has actual care, control, and
    5-9  possession of the child and has written authorization to consent
   5-10  from a person having the right to consent;
   5-11              (6)  a court having jurisdiction over a suit affecting
   5-12  the parent-child relationship of which the child is the subject;
   5-13  <or>
   5-14              (7)  an adult responsible for the actual care, control,
   5-15  and possession of a child under the jurisdiction of a juvenile
   5-16  court or committed by a juvenile court to the care of an agency of
   5-17  the state or county; or
   5-18              (8)  a peace officer who has lawfully taken custody of
   5-19  a minor, if the peace officer has reasonable grounds to believe the
   5-20  minor is in need of immediate medical treatment.
   5-21        (b)  <The person giving consent, a physician or dentist
   5-22  licensed to practice medicine or dentistry in this state, or a
   5-23  hospital or medical facility is not liable for the examination and
   5-24  treatment of a child under this section except for the person's own
   5-25  acts of negligence.>
   5-26        <(c)>  The Texas Youth Commission may consent to the medical,
   5-27  dental, psychological, and surgical treatment of a child committed
    6-1  to it under Title 3 when the person having the right to consent has
    6-2  been contacted and that person has not given actual notice to the
    6-3  contrary.
    6-4        (c) <(d)>  This section does not apply to consent for the
    6-5  immunization of a child.
    6-6        (d)  A person who consents to the medical treatment of a
    6-7  minor under Subsection (a)(7) or (8) is immune from liability for
    6-8  damages resulting from the examination or treatment of the minor,
    6-9  except to the extent of the person's own acts of negligence.  A
   6-10  physician or dentist licensed to practice in this state, or a
   6-11  hospital or medical facility at which a minor is treated is immune
   6-12  from liability for damages resulting from the examination or
   6-13  treatment of a minor under this section, except to the extent of
   6-14  the person's own acts of negligence.
   6-15        SECTION 6.  Section 32.003(a), Family Code, as added by House
   6-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   6-17  amended to read as follows:
   6-18        (a)  A child may consent to medical, dental, psychological,
   6-19  and surgical treatment for the child by a licensed physician or
   6-20  dentist if the child:
   6-21              (1)  is on active duty with the armed services of the
   6-22  United States of America;
   6-23              (2)  is:
   6-24                    (A)  16 years of age or older and resides
   6-25  separate and apart from the child's parents, managing conservator,
   6-26  or guardian, with or without the consent of the parents, managing
   6-27  conservator, or guardian and regardless of the duration of the
    7-1  residence; and
    7-2                    (B)  managing the child's own financial affairs,
    7-3  regardless of the source of the income;
    7-4              (3)  consents to the diagnosis and treatment of an
    7-5  infectious, contagious, or communicable disease that is required by
    7-6  law or a rule to be reported by the licensed physician or dentist
    7-7  to a local health officer or the Texas Department of Health,
    7-8  including all diseases within the scope of Section 81.041, Health
    7-9  and Safety Code;
   7-10              (4)  is unmarried and pregnant and consents to
   7-11  hospital, medical, or surgical treatment, other than abortion,
   7-12  related to the pregnancy; <or>
   7-13              (5)  consents to examination and treatment for drug or
   7-14  chemical addiction, drug or chemical dependency, or any other
   7-15  condition directly related to drug or chemical use; or
   7-16              (6)  is unmarried and has actual custody of the child's
   7-17  biological child and consents to medical, dental, psychological, or
   7-18  surgical treatment, other than abortion.
   7-19        SECTION 7.  Section 42.006(a), Family Code, as added by House
   7-20  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   7-21  amended to read as follows:
   7-22        (a)  Damages may include:
   7-23              (1)  the actual costs and expenses incurred, including
   7-24  attorney's fees, in:
   7-25                    (A)  locating a child who is the subject of the
   7-26  order;
   7-27                    (B)  recovering possession of the child if the
    8-1  petitioner is entitled to possession; and
    8-2                    (C)  <(2)  the actual costs and expenses,
    8-3  including attorney's fees, incurred in> enforcing the order and
    8-4  prosecuting the suit; and
    8-5              (2) <(3)>  mental suffering and anguish incurred by the
    8-6  plaintiff because of a violation of the order.
    8-7        SECTION 8.  Section 102.003, Family Code, as added by House
    8-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    8-9  amended to read as follows:
   8-10        Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
   8-11  suit may be filed at any time by:
   8-12              (1)  a parent of the child;
   8-13              (2)  the child through a representative authorized by
   8-14  the court;
   8-15              (3)  a custodian or person having the right of
   8-16  visitation with or access to the child appointed by an order of a
   8-17  court of another state or country;
   8-18              (4)  a guardian of the person or of the estate of the
   8-19  child;
   8-20              (5)  a governmental entity;
   8-21              (6)  an authorized agency;
   8-22              (7)  a licensed child placing agency;
   8-23              (8)  a man alleging himself to be the biological father
   8-24  of a child filing in accordance with Chapter 160, subject to the
   8-25  limitations of Section 160.101, but not otherwise;
   8-26              (9)  a person who has had actual care, control, and
   8-27  possession of the child for not less than six months preceding the
    9-1  filing of the petition;
    9-2              (10)  a person designated as the managing conservator
    9-3  in a revoked or unrevoked affidavit of relinquishment under Chapter
    9-4  161 or to whom consent to adoption has been given in writing under
    9-5  Chapter 162; or
    9-6              (11)  a person with whom the child and the child's
    9-7  guardian, managing conservator, or parent have resided for not less
    9-8  than six months preceding the filing of the petition if the child's
    9-9  guardian, managing conservator, or parent is deceased at the time
   9-10  of the filing of the petition.
   9-11        SECTION 9.  Chapter 102, Family Code, as added by H.B. 655,
   9-12  Acts of the 74th Legislature, Regular Session, 1995, is amended by
   9-13  adding Section 102.0085 to read as follows:
   9-14        Sec. 102.0085.  STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
   9-15  (a)  A party to a proceeding brought under this chapter and
   9-16  Chapters 151, 153, 154, and 160 shall include in the first pleading
   9-17  filed by the party in the proceeding the following statement:
   9-18              "I AM AWARE THAT IT IS THE POLICY OF THE
   9-19              STATE OF TEXAS TO PROMOTE THE AMICABLE AND
   9-20              NONJUDICIAL SETTLEMENT OF DISPUTES
   9-21              INVOLVING CHILDREN AND FAMILIES.  I AM
   9-22              AWARE OF ALTERNATIVE DISPUTE RESOLUTION
   9-23              METHODS INCLUDING MEDIATION.  WHILE I
   9-24              RECOGNIZE THAT ALTERNATIVE DISPUTE
   9-25              RESOLUTION IS AN ALTERNATIVE TO AND NOT A
   9-26              SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
   9-27              MAY BE TRIED IF IT IS NOT SETTLED, I
   10-1              REPRESENT TO THE COURT THAT I WILL ATTEMPT
   10-2              IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
   10-3              IN THIS CASE BY ALTERNATIVE DISPUTE
   10-4              RESOLUTION WITHOUT THE NECESSITY OF COURT
   10-5              INTERVENTION."
   10-6        (b)  The statement required by Subsection (a) must be printed
   10-7  in boldfaced type or capital letters and signed by the party.
   10-8        (c)  The statement in Subsection (a) is not required for:
   10-9              (1)  a pleading in which citation on all respondents
  10-10  entitled to service of citation is requested, issued, and given by
  10-11  publication;
  10-12              (2)  a motion or pleading that seeks relief under
  10-13  Section 105.001(c) or Subchapter H, Chapter 157; or
  10-14              (3)  a special appearance under Rule 120A, Texas Rules
  10-15  of Civil Procedure.
  10-16        SECTION 10.  Section 102.009(a), Family Code, as added by
  10-17  House Bill 655, Acts of the 74th Legislature, Regular Session,
  10-18  1995, is amended to read as follows:
  10-19        (a)  Except as provided by Subsection (b), the following
  10-20  <persons> are entitled to service of citation on the filing of a
  10-21  petition in an original suit:
  10-22              (1)  a managing conservator;
  10-23              (2)  a possessory conservator;
  10-24              (3)  a person having possession of or access to the
  10-25  child under an order;
  10-26              (4)  a person required by law or by order to provide
  10-27  for the support of the child;
   11-1              (5)  a guardian of the person of the child;
   11-2              (6)  a guardian of the estate of the child;
   11-3              (7)  each parent as to whom the parent-child
   11-4  relationship has not been terminated or process has not been waived
   11-5  under Chapter 161; <and>
   11-6              (8)  an alleged father, unless there is attached to the
   11-7  petition an affidavit of waiver of interest in a child executed by
   11-8  the alleged father as provided by Chapter 161; and
   11-9              (9)  the Department of Protective and Regulatory
  11-10  Services, if the petition requests that the department be appointed
  11-11  as managing conservator of the child.
  11-12        SECTION 11.  Section 104.005, Family Code, as added by House
  11-13  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-14  amended to read as follows:
  11-15        Sec. 104.005.  SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
  11-16  (a)  If the testimony of a child is taken as provided by this
  11-17  chapter <subchapter>, the child may not be compelled to testify in
  11-18  court during the proceeding.
  11-19        (b)  The court may allow the testimony of a child of any age
  11-20  to be taken in any manner provided by this chapter if the child,
  11-21  because of a medical condition, is incapable of testifying in open
  11-22  court.
  11-23        SECTION 12.  Section 105.002, Family Code, as added by House
  11-24  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-25  amended to read as follows:
  11-26        Sec. 105.002.  JURY.  (a)  Except as provided by Subsection
  11-27  (b) <in a suit in which adoption is requested>, a party may demand
   12-1  a jury trial.
   12-2        (b)  A party may not demand a jury trial in a suit in which
   12-3  adoption is sought, including a trial on the issue of denial or
   12-4  revocation of consent to the adoption by the managing conservator.
   12-5        (c)  The court may not render an order that contravenes the
   12-6  verdict of the jury, except with respect to the issues of the
   12-7  specific terms and conditions of possession of and access to the
   12-8  child, support of the child, and the rights, privileges, duties,
   12-9  and powers of sole managing conservators, joint managing
  12-10  conservators, or possessory conservators, on which the court may
  12-11  submit or refuse to submit issues to the jury as the court
  12-12  determines appropriate, and on which issues the jury verdict is
  12-13  advisory only.
  12-14        SECTION 13.  Section 105.006, Family Code, as added by House
  12-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-16  amended by amending Subsections (b) and (e) and adding Subsection
  12-17  (g) to read as follows:
  12-18        (b)  Except as provided by Subsection (c), in an order for
  12-19  child support or possession of or access to a child the court shall
  12-20  order each party to inform each <the clerk and all> other party
  12-21  <parties> of a change in any of the information required by this
  12-22  section to be included in the order:
  12-23              (1)  before the 11th day after the date of the change,
  12-24  as long as any person, as a result of the order, is under an
  12-25  obligation to pay child support or is entitled to possession of or
  12-26  access to a child; and
  12-27              (2)  if the change in the information is an intended
   13-1  change, on or before the 60th day before the date the party intends
   13-2  to make the change, as long as any person, as a result of the
   13-3  order, is under an obligation to pay child support or is entitled
   13-4  to possession of or access to a child.
   13-5        (e)  Except as provided by Subsection (c), an order in a suit
   13-6  that orders child support or possession of or access to a child
   13-7  must also contain the following order in bold-faced type or in
   13-8  capital letters:
   13-9        "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
  13-10  NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
  13-11  AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
  13-12  ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
  13-13  ADDRESS OF PLACE OF EMPLOYMENT, AND WORK TELEPHONE NUMBER.  THE
  13-14  DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE CLERK OF
  13-15  THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
  13-16  ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO
  13-17  POSSESSION OF OR ACCESS TO A CHILD.  FAILURE BY A PARTY TO OBEY THE
  13-18  ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY <THE CLERK> WITH
  13-19  THE CURRENT MAILING ADDRESS OF THE <A> PARTY MAY RESULT IN THE
  13-20  ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY
  13-21  CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS
  13-22  OF RECORD."
  13-23        (g)  Notwithstanding another provision of this section, a
  13-24  court in a county with a population of 2.8 million or more shall
  13-25  order each party to inform the clerk of the court of a change in
  13-26  information required by this section in the manner provided by
  13-27  Subsection (b).  The order required by Subsection (e) shall reflect
   14-1  the notification requirement of this subsection.
   14-2        SECTION 14.  Section 105.007, Family Code, as added by House
   14-3  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   14-4  amended to read as follows:
   14-5        Sec. 105.007.  COMPLIANCE WITH ORDER REQUIRING INFORMATION
   14-6  REGARDING <NOTICE OF CHANGE OF> CONSERVATOR'S EMPLOYER <RESIDENCE>.
   14-7  (a)  A party <who intends a change of place of residence> shall
   14-8  comply with the order by giving written notice of the name of the
   14-9  party's employer, the address of the party's employment, and the
  14-10  party's work <intended date of change, new> telephone number<, and
  14-11  new street address of residence> to the clerk of the court having
  14-12  jurisdiction of the suit in which the order was made <and to every
  14-13  other party who has possession of or access to the child>.
  14-14        (b)  The party must give written notice of the changes
  14-15  described in Subsection (a) by registered or certified mail before
  14-16  the 11th day after the date the information changed <must be given
  14-17  on or before the 60th day before the conservator changes the
  14-18  conservator's place of residence.  If the conservator did not know
  14-19  or could not have known of the change of residence or if the
  14-20  required information was not available within the 60-day period,
  14-21  the conservator shall supply the written notice of the change of
  14-22  residence or the related information on or before the fifth day
  14-23  after the date that the conservator knew or should have known of
  14-24  the change or of the related information>.
  14-25        (c)  The court may waive the notice required by this section
  14-26  on motion by the moving conservator if it finds that the giving of
  14-27  notice <of a change of place of residence> would be likely to
   15-1  expose the child or the conservator to harassment, abuse, serious
   15-2  harm, or injury.
   15-3        <(d)  The notice may be given to a party by delivery of a
   15-4  copy of the notice to the party either in person or by registered
   15-5  or certified mail, return receipt requested, to the last known
   15-6  address of the party.>
   15-7        <(e)  The notice may be given to the court by delivery of a
   15-8  copy of the notice either in person to the clerk of the court or by
   15-9  registered or certified mail addressed to the clerk of the court.>
  15-10        SECTION 15.  Chapter 107, Family Code, as added by House Bill
  15-11  655, Acts of the 74th Legislature, Regular Session, 1995, is
  15-12  amended to read as follows:
  15-13         CHAPTER 107.  SPECIAL APPOINTMENTS AND SOCIAL STUDIES
  15-14            SUBCHAPTER A.  GUARDIAN AD LITEM REPRESENTATION
  15-15        Sec. 107.001.  APPOINTMENT OF GUARDIAN AD LITEM.  (a)  In a
  15-16  suit in which termination of the parent-child relationship is
  15-17  requested, the court or an associate judge shall appoint a guardian
  15-18  ad litem to represent the interests of the child immediately after
  15-19  the filing of the petition but before the full adversary hearing to
  15-20  ensure adequate representation of the child, unless:
  15-21              (1)  the child is a petitioner;
  15-22              (2)  an attorney ad litem has been appointed for the
  15-23  child; or
  15-24              (3)  the court or an associate judge finds that the
  15-25  interests of the child will be represented adequately by a party to
  15-26  the suit and are not adverse to that party.
  15-27        (b)  In any other suit, the court or an associate judge may
   16-1  appoint a guardian ad litem.
   16-2        (c)  The managing conservator may be appointed guardian ad
   16-3  litem if the managing conservator is not a parent of the child or a
   16-4  person petitioning for adoption of the child and has no personal
   16-5  interest in the suit.
   16-6        (d)  A guardian ad litem shall be appointed to represent any
   16-7  other person entitled to service of citation under this code if the
   16-8  person is incompetent or a child, unless the person has executed an
   16-9  affidavit of relinquishment of parental rights or an affidavit of
  16-10  waiver of interest in child containing a waiver of service of
  16-11  citation.
  16-12           (Sections 107.002-107.010 reserved for expansion
  16-13                   SUBCHAPTER B.  ATTORNEY AD LITEM
  16-14        Sec. 107.011 <107.002>.  DISCRETIONARY APPOINTMENT OF
  16-15  ATTORNEY AD LITEM.  (a)  An associate judge shall <may> recommend
  16-16  the appointment of an attorney ad litem for any party in a case in
  16-17  which the associate judge deems representation necessary to protect
  16-18  the interests of the child who is the subject matter of the suit.
  16-19        (b)  The court shall <may> appoint an attorney ad litem for
  16-20  any party in a case in which the court deems representation
  16-21  necessary to protect the interests of the child who is the subject
  16-22  matter of the suit.
  16-23        Sec. 107.012.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
  16-24  CHILD.  <(c)>  In a suit filed by a governmental entity requesting
  16-25  termination of the parent-child relationship or to be named
  16-26  conservator of a child, the court shall appoint an attorney ad
  16-27  litem to represent the interests of the child immediately after the
   17-1  filing, but before the full adversary hearing, <as soon as
   17-2  practicable> to ensure adequate representation of the child
   17-3  <child's interests>.
   17-4        Sec. 107.013.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
   17-5  INDIGENT PARENT.  (a) <(d)>  In a suit in which termination of the
   17-6  parent-child relationship is requested, the court shall appoint an
   17-7  attorney ad litem to represent the interests of each indigent
   17-8  parent of the child who responds in opposition to the termination.
   17-9        (b)  If both parents of the child are indigent and oppose
  17-10  termination and the court finds that the interests of the parents
  17-11  are not in conflict, the court may appoint a single attorney ad
  17-12  litem to represent the interests of both parents.
  17-13        Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
  17-14  CHILD.  (a)  An attorney ad litem appointed under this subchapter
  17-15  to represent a child may:
  17-16              (1)  investigate to the extent the attorney ad litem
  17-17  considers appropriate to determine the facts of the case;
  17-18              (2)  obtain and review copies of all of the child's
  17-19  relevant medical, psychological, and school records; and
  17-20              (3)  call, examine, and cross-examine witnesses.
  17-21        (b)  An attorney ad litem appointed to represent a child
  17-22  shall within a reasonable time after the appointment:
  17-23              (1)  interview the child if the child is four years of
  17-24  age or older; and
  17-25              (2)  interview individuals with significant knowledge
  17-26  of the child's history and condition.
  17-27        Sec. 107.015 <107.003>.  AD LITEM FEES.  (a)  An attorney
   18-1  appointed to represent a child or parent as authorized by this
   18-2  subchapter is entitled to a reasonable fee in the amount set by the
   18-3  court to be paid by the parents of the child unless the parents are
   18-4  indigent.
   18-5        (b)  If the court or associate judge determines that the
   18-6  parties or litigants are able to defray the costs of an ad litem's
   18-7  compensation as determined by the reasonable and customary fees for
   18-8  similar services in the county of jurisdiction, the costs may be
   18-9  ordered paid by either or both parties, or the court or associate
  18-10  judge may order either or both parties, prior to final hearing, to
  18-11  pay the sums into the registry of the court or into an account
  18-12  authorized by the court for the use and benefit of the ad litem on
  18-13  order of the court.  The sums may be taxed as costs to be assessed
  18-14  against one or more of the parties.
  18-15        (c)  If indigency of the parents is shown, an attorney
  18-16  appointed to represent a child or parent in a suit to terminate the
  18-17  parent-child relationship shall be paid from the general funds of
  18-18  the county according to the fee schedule that applies to an
  18-19  attorney appointed to represent a child in a suit under Title 3 as
  18-20  provided by Chapter 51.
  18-21        Sec. 107.016.  CONTINUED REPRESENTATION.  In a suit brought
  18-22  by a governmental entity seeking termination of the parent-child
  18-23  relationship or appointment of the entity as conservator of the
  18-24  child, an order appointing the Department of Protective and
  18-25  Regulatory Services as the child's managing conservator may provide
  18-26  for the continuation of the attorney ad litem appointment for any
  18-27  period set by the court.
   19-1           (Sections 107.017-107.030 reserved for expansion
   19-2                SUBCHAPTER C.  OTHER COURT APPOINTMENTS
   19-3        Sec. 107.031 <107.004>.  VOLUNTEER ADVOCATES.  (a)  In a suit
   19-4  filed by a governmental entity, the court may appoint a person who
   19-5  has received the court's approved training and who has been
   19-6  certified by the court to appear at court hearings as a volunteer
   19-7  advocate on behalf of the child.
   19-8        (b)  In addition, the court may appoint a group of
   19-9  court-certified volunteers to serve as an administrative review
  19-10  board to advise the court as to the conservatorship appointment and
  19-11  the placement of the child by the Department of Protective and
  19-12  Regulatory Services <department> or authorized agency in substitute
  19-13  care.
  19-14        (c)  A court-appointed volunteer, a board member or employee
  19-15  of a volunteer advocate charitable organization, or a member of an
  19-16  administrative review board <person> is not liable for civil
  19-17  damages for a recommendation made or opinion rendered while serving
  19-18  or having served as a court-appointed volunteer, board member or
  19-19  employee of a volunteer advocate charitable organization, or member
  19-20  of an administrative review board under this section unless the act
  19-21  or failure to act is wilfully wrongful, committed with conscious
  19-22  indifference or reckless disregard for the safety of another,
  19-23  committed in bad faith or with malice, or is grossly negligent.
  19-24           (Sections 107.032-107.050 reserved for expansion
  19-25                      SUBCHAPTER D.  SOCIAL STUDY
  19-26        Sec. 107.051 <107.005>.  ORDER FOR SOCIAL STUDY.  (a)  The
  19-27  court may order the preparation of a social study into the
   20-1  circumstances and condition of the child and of the home of any
   20-2  person requesting managing conservatorship or possession of the
   20-3  child.
   20-4        (b)  The social study may be made by a state agency,
   20-5  including the Department of Protective and Regulatory Services
   20-6  <department>, or a person appointed by the court.
   20-7        (c)  In a suit in which adoption is requested or possession
   20-8  of or access to the child is an issue and in which the Department
   20-9  of Protective and Regulatory Services is not a party or has no
  20-10  interest, the court shall appoint a private agency or person to
  20-11  conduct the social study.
  20-12        Sec. 107.052.  STANDARDS FOR CONDUCTING SOCIAL STUDY.  (a)
  20-13  The court may appoint an investigator to conduct the social study
  20-14  required by this section who has the qualifications established by
  20-15  the rules of the Department of Protective and Regulatory Services
  20-16  <department> providing minimum qualifications for persons who may
  20-17  conduct social studies.  If the Department of Protective and
  20-18  Regulatory Services <department> or another governmental entity is
  20-19  appointed, the person who conducts the investigation and makes the
  20-20  report must also have those qualifications.
  20-21        (b) <(d)>  A study made under this section shall comply with
  20-22  the rules of the Department of Protective and Regulatory Services
  20-23  <department> establishing minimum standards, guidelines, and
  20-24  procedures for social studies or the criteria established by the
  20-25  court.
  20-26        (c) <(e)>  The social study shall contain any history of
  20-27  physical, sexual, or emotional abuse suffered by the child.
   21-1        <(f)  In a suit in which adoption is requested or possession
   21-2  of or access to the child is an issue and in which the department
   21-3  is not a party or has no interest, the court shall appoint a
   21-4  private agency or person to conduct the social study.>
   21-5        Sec. 107.053.  PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
   21-6  <(g)>  In all adoptions a copy of the report shall be made
   21-7  available to the prospective adoptive parents prior to a final
   21-8  order of adoption.
   21-9        Sec. 107.054.  REPORT FILED WITH COURT.  <(h)>  The agency or
  21-10  person making the social study shall file with the court on a date
  21-11  set by the court a report containing its findings and conclusions.
  21-12  The report shall be made a part of the record of the suit.
  21-13        Sec. 107.055.  INTRODUCTION OF REPORT AT TRIAL.
  21-14  (a) <(i)>  Disclosure to the jury of the contents of a report to
  21-15  the court of a social study is subject to the rules of evidence.
  21-16        (b) <(j)>  In a contested case, the agency or person making
  21-17  the social study shall furnish copies of the report to the
  21-18  attorneys for the parties before the earlier of:
  21-19              (1)  the seventh day after the date the social study is
  21-20  completed; or
  21-21              (2)  the fifth day before the date of commencement of
  21-22  the trial.
  21-23        (c) <(k)>  The court may compel the attendance of witnesses
  21-24  necessary for the proper disposition of the suit, including a
  21-25  representative of the agency making the social study, who may be
  21-26  compelled to testify.
  21-27        Sec. 107.056.  PREPARATION FEE.  <(l)>  If the court orders
   22-1  <the department to prepare> a social study to be conducted and a
   22-2  report to be prepared, the court shall award the agency or other
   22-3  person <department> a reasonable fee for the preparation of the
   22-4  study that shall be taxed as costs and paid directly to the agency
   22-5  or other person <department>.  The person <department> may enforce
   22-6  the order for the fee <in the department's own name>.
   22-7        SECTION 16.  Section 108.001, Family Code, as added by House
   22-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   22-9  amended to read as follows:
  22-10        Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK.  (a)
  22-11  Except as provided by this chapter, the clerk of the court shall
  22-12  transmit to the bureau of vital statistics <department> a copy of
  22-13  the order rendered in a suit, together with the name and all prior
  22-14  names, birth date, and place of birth of the child.
  22-15        (b)  The bureau of vital statistics <department> shall
  22-16  maintain these records in a central file according to the name,
  22-17  birth date, and place of birth of the child, the court that
  22-18  rendered the order, and the docket number of the suit.
  22-19        (c)  All the records required under this section to be
  22-20  maintained by the bureau of vital statistics and the records of a
  22-21  child-placing agency that has ceased operations <department> are
  22-22  confidential and no person is entitled to access to or information
  22-23  from these records except for good cause <as provided by this
  22-24  subtitle or> on an order of the court that rendered the order <for
  22-25  good cause>.
  22-26        SECTION 17.  Section 108.003, Family Code, as added by House
  22-27  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   23-1  amended to read as follows:
   23-2        Sec. 108.003.  TRANSMITTAL OF FILES OF ADOPTION.  (a)  The
   23-3  <On rendition of an order of adoption, the> clerk of a <the> court
   23-4  that renders a decree of adoption shall, not later than the 10th
   23-5  day of the first month after the month in which the adoption is
   23-6  rendered, transmit to the central registry of the bureau of vital
   23-7  statistics <department>:
   23-8              (1)  a complete file in the case, including all
   23-9  pleadings, papers, studies, and records in the suit other than the
  23-10  minutes of the court, if the petitioner has requested that the
  23-11  complete file be sent;
  23-12              (2)  <, or> a certified copy of the petition and order
  23-13  of adoption, excluding pleadings, papers, studies, and records
  23-14  relating to a suit for divorce or annulment or to declare a
  23-15  marriage void, if the petitioner did not request that the complete
  23-16  file be sent; and
  23-17              (3) <(2)>  a report of adoption that includes:
  23-18                    (A)  the name of the adopted child after adoption
  23-19  as shown in the adoption order;
  23-20                    (B)  the birth date of the adopted child;
  23-21                    (C)  the docket number of the adoption suit;
  23-22                    (D)  the identity of the court rendering the
  23-23  adoption;
  23-24                    (E)  the date of the adoption order;
  23-25                    (F)  the name and address of each parent,
  23-26  guardian, managing conservator, or other person whose consent to
  23-27  adoption was required or waived under Chapter 159 <23>, or whose
   24-1  parental rights were terminated in the adoption suit;
   24-2                    (G)  the identity of the licensed child placing
   24-3  agency, if any, through which the adopted child was placed for
   24-4  adoption; and
   24-5                    (H)  the identity, address, and telephone number
   24-6  of the registry through which the adopted child may register as an
   24-7  adoptee.
   24-8        (b)  Except for good cause shown or on an order of the court
   24-9  that granted the adoption or terminated the proceedings under
  24-10  Section 155.001, the records concerning a child maintained by the
  24-11  district clerk after rendition of a decree of adoption, the records
  24-12  of a child-placing agency that has ceased operations, and the
  24-13  records required under this section to be maintained by the bureau
  24-14  of vital statistics are confidential, and no person is entitled to
  24-15  access to or information from these records.
  24-16        SECTION 18.  Section 108.004, Family Code, as added by House
  24-17  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  24-18  amended to read as follows:
  24-19        Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
  24-20  On the loss of jurisdiction of a court under Chapter 155, the clerk
  24-21  of the court shall transmit to the central registry of the bureau
  24-22  of vital statistics <department>:
  24-23              (1)  a complete file in the case, including all
  24-24  pleadings, papers, studies, and records in the suit other than the
  24-25  minutes of the court<, if the petitioner has requested that a
  24-26  complete file be sent>; and <or>
  24-27              (2)  the <a certified copy of the petition, excluding
   25-1  pleadings,> papers, studies, and records relating to a suit for
   25-2  divorce or annulment or to declare a marriage void.
   25-3        SECTION 19.  Section 108.005, Family Code, as added by House
   25-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   25-5  amended to read as follows:
   25-6        Sec. 108.005.  ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
   25-7  STATISTICS <DEPARTMENT>.  (a)  When the bureau of vital statistics
   25-8  <department> receives the complete file or petition and order of
   25-9  adoption, the bureau <it> shall close the records concerning that
  25-10  child.  Except for statistical purposes, the bureau <department>
  25-11  may not disclose any information concerning the prior proceedings
  25-12  affecting the child.  Except as provided in Chapter 162, any
  25-13  subsequent inquiry concerning the child who has been adopted shall
  25-14  be handled as though the child had not been previously the subject
  25-15  of a suit affecting the parent-child relationship.
  25-16        (b)  On the receipt of additional records concerning a child
  25-17  who has been the subject of a suit affecting the parent-child
  25-18  relationship in which the records have been closed, a new file
  25-19  shall be made and maintained.
  25-20        SECTION 20.  Section 108.006, Family Code, as added by House
  25-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  25-22  amended to read as follows:
  25-23        Sec. 108.006.  FEES.  (a)  The bureau of vital statistics
  25-24  <department> may charge a reasonable fee to cover the cost of
  25-25  determining and sending information concerning the identity of the
  25-26  court with continuing, exclusive jurisdiction.
  25-27        (b)  On the filing of a suit requesting the adoption of a
   26-1  child, the clerk of the court shall collect an additional fee of
   26-2  $15.
   26-3        (c)  The clerk shall send the fees collected under Subsection
   26-4  (b) to the bureau of vital statistics for deposit in a special fund
   26-5  in the state treasury from which the legislature may appropriate
   26-6  money only to operate and maintain the central file and central
   26-7  registry of the bureau <department>.
   26-8        (d)  The receipts from the fees charged under Subsection (a)
   26-9  shall be deposited in a financial institution as determined by the
  26-10  <executive> director of the bureau of vital statistics <department>
  26-11  and withdrawn as necessary for the sole purpose of operating and
  26-12  maintaining the central record file.
  26-13        <(e)  The funds received under Subsection (b) shall be
  26-14  deposited in a special account in the general revenue fund.  Funds
  26-15  in the account may only be used for the operation of the central
  26-16  record file.  Sections 403.094 and 403.095, Government Code, do not
  26-17  apply to the special account.>
  26-18        SECTION 21.  Section 108.007, Family Code, as added by House
  26-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  26-20  amended to read as follows:
  26-21        Sec. 108.007.  MICROFILM.  (a)  The bureau of vital
  26-22  statistics <department> may use microfilm or other suitable means
  26-23  for maintaining the central record file.
  26-24        (b)  A certified reproduction of a document maintained by the
  26-25  bureau of vital statistics <department> is admissible in evidence
  26-26  as the original document.
  26-27        SECTION 22.  Section 151.002(b), Family Code, as added by
   27-1  House Bill 655, Acts of the 74th Legislature, Regular Session,
   27-2  1995, is amended to read as follows:
   27-3        (b)  A presumption under this section may be rebutted as
   27-4  provided by Section 160.110 <only by clear and convincing evidence.
   27-5  If two or more presumptions arise that conflict, the presumption
   27-6  that is founded on the weightier considerations of policy and logic
   27-7  controls.  The presumption is rebutted by a court order
   27-8  establishing paternity of the child by another man>.
   27-9        SECTION 23.  Section 151.003(a), Family Code, as added by
  27-10  House Bill 655, Acts of the 74th Legislature, Regular Session,
  27-11  1995, is amended to read as follows:
  27-12        (a)  A parent of a child has the following rights and duties:
  27-13              (1)  the right to have physical possession, to direct
  27-14  the moral and religious training, and to establish the residence of
  27-15  the child;
  27-16              (2)  the duty of care, control, protection, and
  27-17  reasonable discipline of the child;
  27-18              (3)  the duty to support the child, including providing
  27-19  the child with clothing, food, shelter, medical and dental care,
  27-20  and education;
  27-21              (4)  the duty, except when a guardian of the child's
  27-22  estate has been appointed, to manage the estate of the child,
  27-23  including the right <a power> as an agent of the child to act in
  27-24  relation to the child's estate if the child's action is required by
  27-25  a state, the United States, or a foreign government;
  27-26              (5)  the right to the services and earnings of the
  27-27  child;
   28-1              (6)  the right to consent to the child's marriage,
   28-2  enlistment in the armed forces of the United States, medical and
   28-3  dental care, and psychiatric, psychological, and surgical
   28-4  treatment;
   28-5              (7)  the right to represent the child in legal action
   28-6  and to make other decisions of substantial legal significance
   28-7  concerning the child;
   28-8              (8)  the right to receive and give receipt for payments
   28-9  for the support of the child and to hold or disburse funds for the
  28-10  benefit of the child;
  28-11              (9)  the right to inherit from and through the child;
  28-12  <and>
  28-13              (10)  the right to make decisions concerning the
  28-14  child's education;  and
  28-15              (11)  any other right or duty existing between a parent
  28-16  and child by virtue of law.
  28-17        SECTION 24.  Section 152.003, Family Code, as added by House
  28-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  28-19  amended by adding Subsection (e) to read as follows:
  28-20        (e)  A court that has jurisdiction of a suit under Subsection
  28-21  (a)(3) for which a court in another state may exercise jurisdiction
  28-22  under prerequisites substantially in accordance with Subsection
  28-23  (a)(1) or (2) may enter only a temporary order to protect the
  28-24  child.  The suit shall be dismissed in this state on the date a
  28-25  court of competent jurisdiction in another state signs an order in
  28-26  the suit or on the 91st day after the date the court in this state
  28-27  exercised its jurisdiction, whichever date occurs first.
   29-1        SECTION 25.  Section 153.001, Family Code, as added by House
   29-2  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   29-3  amended to read as follows:
   29-4        Sec. 153.001.  PUBLIC POLICY.  (a)  The public policy of this
   29-5  state is to:
   29-6              (1)  assure that children will have frequent and
   29-7  continuing contact with parents who have shown the ability to act
   29-8  in the best interest of the child;
   29-9              (2)  provide a stable environment for the child; and
  29-10              (3)  encourage parents to share in the rights and
  29-11  duties of raising their child after the parents have separated or
  29-12  dissolved their marriage.
  29-13        (b)  A court may not render an order that conditions the
  29-14  right of a conservator to possession of or access to a child on the
  29-15  payment of child support.
  29-16        SECTION 26.  Subchapter A, Chapter 153, Family Code, as added
  29-17  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  29-18  1995, is amended by adding Section 153.0025 to read as follows:
  29-19        Sec. 153.0025.  EDUCATION REGARDING EFFECT OF SUIT ON
  29-20  CHILDREN.  (a)  In a suit affecting the parent-child relationship,
  29-21  the court may order any party to the suit to attend a four-hour
  29-22  course regarding the effect of suits affecting the parent-child
  29-23  relationship on children.
  29-24        (b)  Only a person or group approved by the court may conduct
  29-25  a course under this section.  An individual conducting the course
  29-26  must have a background in parent education or family therapy.
  29-27        (c)  A course conducted under this section must include
   30-1  information regarding:
   30-2              (1)  the developmental stages of children, including
   30-3  the needs and expectations of children at different ages;
   30-4              (2)  indicators of stress in children;
   30-5              (3)  reduction of stress for a child whose parents are
   30-6  separated or divorcing;
   30-7              (4)  the grief process;
   30-8              (5)  changing parental and marital roles in our
   30-9  society;
  30-10              (6)  visitation recommendations for enhancing a child's
  30-11  relationship with both parents;
  30-12              (7)  financial obligations of raising a child; and
  30-13              (8)  conflict management and dispute resolution.
  30-14        (d)  On a party's failure to attend or complete a course that
  30-15  the party is ordered to attend under this section, the court may
  30-16  take appropriate action, including holding that party in contempt
  30-17  of court, striking pleadings, or invoking any of the sanctions
  30-18  provided by Rule 215, Texas Rules of Civil Procedure.
  30-19        (e)  A court ordering a party to attend a course under this
  30-20  section may order the party to pay a reasonable fee set by the
  30-21  court for the course.
  30-22        (f)  A court may not order a party to attend a course under
  30-23  this section if the proceeding was brought by the Department of
  30-24  Protective and Regulatory Services, the office of the attorney
  30-25  general, or a party seeking a protective order under Chapter 71.
  30-26        SECTION 27.  Section 153.007(c), Family Code, as added by
  30-27  House Bill 655, Acts of the 74th Legislature, Regular Session,
   31-1  1995, is amended to read as follows:
   31-2        (c)  Terms of the agreement contained in the order or
   31-3  incorporated by reference regarding conservatorship or support of
   31-4  or access to a child in an order may be enforced by all remedies
   31-5  available for enforcement of a judgment, including contempt, but
   31-6  are not enforceable as a contract <terms unless provided by the
   31-7  agreement>.
   31-8        SECTION 28.  Subchapter A, Chapter 153, Family Code, as added
   31-9  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  31-10  1995, is amended by adding Section 153.0071 to read as follows:
  31-11        Sec. 153.0071.  ALTERNATE DISPUTE RESOLUTION PROCEDURES.  (a)
  31-12  On written agreement of the parties, the court may refer a suit
  31-13  affecting the parent-child relationship to arbitration.  The
  31-14  agreement must state whether the arbitration is binding or
  31-15  non-binding.
  31-16        (b)  If the parties agree to binding arbitration, the court
  31-17  shall render an order reflecting the arbitrator's award unless the
  31-18  court determines at a non-jury hearing that the award is not in the
  31-19  best interest of the child.  The burden of proof at a hearing under
  31-20  this subsection is on the party seeking to avoid rendition of an
  31-21  order based on the arbitrator's award.
  31-22        (c)  On the written agreement of the parties or on the
  31-23  court's own motion, the court may refer a suit affecting the
  31-24  parent-child relationship to mediation.
  31-25        (d)  A mediated settlement agreement is binding on the
  31-26  parties if the agreement:
  31-27              (1)  provides in a separate paragraph an underlined
   32-1  statement that the agreement is not subject to revocation;
   32-2              (2)  is signed by each party to the agreement; and
   32-3              (3)  is signed by the party's attorney, if any, who is
   32-4  present at the time the agreement is signed.
   32-5        (e)  If a mediated settlement agreement meets the
   32-6  requirements of Subsection (d), a party is entitled to judgment on
   32-7  the mediated settlement agreement notwithstanding Rule 11, Texas
   32-8  Rules of Civil Procedure, or another rule of law.
   32-9        (f)  The procedures and remedies provided by this section
  32-10  apply to an action brought under Title 1.
  32-11        SECTION 29.  Subchapter A, Chapter 153, as added by House
  32-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  32-13  amended by adding Section 153.013 to read as follows:
  32-14        Sec. 153.013.  FALSE REPORT OF CHILD ABUSE.  (a)  If a party
  32-15  to a pending suit affecting the parent-child relationship makes a
  32-16  report alleging child abuse by another party to the suit that the
  32-17  reporting party knows lacks a factual foundation, the court shall
  32-18  deem the report to be a knowingly false report.
  32-19        (b)  Evidence of a false report of child abuse is admissible
  32-20  in a suit between the involved parties regarding the terms of
  32-21  conservatorship of a child.
  32-22        SECTION 30.  Section 153.073(a), Family Code, as added by
  32-23  House Bill 655, Acts of the 74th Legislature, Regular Session,
  32-24  1995, is amended to read as follows:
  32-25        (a)  Unless limited by court order, a parent appointed as a
  32-26  conservator of a child has at all times the right:
  32-27              (1)  as specified by court order:
   33-1                    (A)  to receive information from the other parent
   33-2  concerning the health, education, and welfare of the child; and
   33-3                    (B) <(2)>  to confer with the other parent to the
   33-4  extent possible before making a decision concerning the health,
   33-5  education, and welfare of the child;
   33-6              (2) <(3)>  of access to medical, dental, psychological,
   33-7  and educational records of the child;
   33-8              (3) <(4)>  to consult with a physician, dentist, or
   33-9  psychologist of the child;
  33-10              (4) <(5)>  to consult with school officials concerning
  33-11  the child's welfare and educational status, including school
  33-12  activities;
  33-13              (5) <(6)>  to attend school activities;
  33-14              (6) <(7)>  to be designated on the child's records as a
  33-15  person to be notified in case of an emergency;
  33-16              (7) <(8)>  to consent to medical, dental, and surgical
  33-17  treatment during an emergency involving an immediate danger to the
  33-18  health and safety of the child; and
  33-19              (8) <(9)>  to manage the estate of the child to the
  33-20  extent the estate has been created by the parent or the parent's
  33-21  family.
  33-22        SECTION 31.  Section 153.074, Family Code, as added by House
  33-23  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  33-24  amended to read as follows:
  33-25        Sec. 153.074.  RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
  33-26  Unless limited by court order, a parent appointed as a conservator
  33-27  of a child has the following rights and duties during the period
   34-1  that the parent has possession of the child:
   34-2              (1)  the duty of care, control, protection, and
   34-3  reasonable discipline of the child;
   34-4              (2)  the duty to support the child, including providing
   34-5  the child with clothing, food, shelter, and medical and dental care
   34-6  not involving an invasive procedure; <and>
   34-7              (3)  the right to consent for the child to medical and
   34-8  dental care not involving an invasive procedure;
   34-9              (4)  the right to consent for the child to medical,
  34-10  dental, and surgical treatment during an emergency involving
  34-11  immediate danger to the health and safety of the child; and
  34-12              (5)  the right to direct the moral and religious
  34-13  training of the child.
  34-14        SECTION 32.  Section 153.132, Family Code, as added by House
  34-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  34-16  amended to read as follows:
  34-17        Sec. 153.132.  RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
  34-18  MANAGING CONSERVATOR.  Unless limited by court order, a parent
  34-19  appointed as sole managing conservator of a child has the rights
  34-20  and duties provided by Subchapter B and the following exclusive
  34-21  rights:
  34-22              (1)  the right to establish the primary residence of
  34-23  the child;
  34-24              (2)  the right to consent to medical, dental, and
  34-25  surgical treatment involving invasive procedures, and to consent to
  34-26  psychiatric and psychological treatment;
  34-27              (3)  the right to receive and give receipt for periodic
   35-1  payments for the support of the child and to hold or disburse these
   35-2  funds for the benefit of the child;
   35-3              (4)  the right to represent the child in legal action
   35-4  and to make other decisions of substantial legal significance
   35-5  concerning the child;
   35-6              (5)  the right to consent to marriage and to enlistment
   35-7  in the armed forces of the United States;
   35-8              (6)  the right to make decisions concerning the child's
   35-9  education;
  35-10              (7)  the right to the services and earnings of the
  35-11  child; and
  35-12              (8) <(7)>  except when a guardian of the child's estate
  35-13  or a guardian or attorney ad litem has been appointed for the
  35-14  child, the right to act as an agent of the child in relation to the
  35-15  child's estate if the child's action is required by a state, the
  35-16  United States, or a foreign government.
  35-17        SECTION 33.  Section 153.316, Family Code, as added by House
  35-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  35-19  amended to read as follows:
  35-20        Sec. 153.316.  GENERAL TERMS AND CONDITIONS.  The court shall
  35-21  order the following general terms and conditions of possession of a
  35-22  child to apply without regard to the distance between the residence
  35-23  of a parent and the child:
  35-24              (1)  the managing conservator shall surrender the child
  35-25  to the possessory conservator at the beginning of each period of
  35-26  the possessory conservator's possession at the residence of the
  35-27  managing conservator;
   36-1              (2)  if the possessory conservator elects to begin a
   36-2  period of possession at the time the child's school is regularly
   36-3  dismissed, the managing conservator shall surrender the child to
   36-4  the possessory conservator at the beginning of each period of
   36-5  possession at the school in which the child is enrolled;
   36-6              (3)  the possessory conservator shall be ordered to do
   36-7  one of the following:
   36-8                    (A)  the possessory conservator shall surrender
   36-9  the child to the managing conservator at the end of each period of
  36-10  possession at the residence of the possessory conservator; or
  36-11                    (B)  the possessory conservator shall return the
  36-12  child to the residence of the managing conservator at the end of
  36-13  each period of possession, except that the order shall provide that
  36-14  the possessory conservator shall surrender the child to the
  36-15  managing conservator at the end of each period of possession at the
  36-16  residence of the managing conservator if:
  36-17                          (i)  the possessory conservator's county of
  36-18  residence remains the same after the rendition of the order
  36-19  establishing terms and conditions of possession and access, and
  36-20  <if> the managing conservator's county of residence changes <should
  36-21  change>, effective on the date of the change of residence by the
  36-22  managing conservator; or
  36-23                          (ii)  the possessory conservator and
  36-24  managing conservator lived in the same residence at any time during
  36-25  a six-month period preceding the date on which a suit for
  36-26  dissolution of the marriage was filed and the possessory
  36-27  conservator's county of residence remains the same and the managing
   37-1  conservator's county of residence changes after they no longer live
   37-2  in the same residence, effective on the date the order is
   37-3  rendered<, the possessory conservator shall surrender the child to
   37-4  the managing conservator at the end of each period of possession at
   37-5  the residence of the possessory conservator>;
   37-6              (4)  if the possessory conservator elects to end a
   37-7  period of possession at the time the child's school resumes, the
   37-8  possessory conservator shall surrender the child to the managing
   37-9  conservator at the end of each period of possession at the school
  37-10  in which the child is enrolled;
  37-11              (5)  each conservator shall return with the child the
  37-12  personal effects that the child brought at the beginning of the
  37-13  period of possession;
  37-14              (6)  either parent may designate a competent adult to
  37-15  pick up and return the child, as applicable; a parent or a
  37-16  designated competent adult shall be present when the child is
  37-17  picked up or returned;
  37-18              (7)  a parent shall give notice to the person in
  37-19  possession of the child on each occasion that the parent will be
  37-20  unable to exercise that parent's right of possession for a
  37-21  specified period;
  37-22              (8)  written notice shall be deemed to have been timely
  37-23  made if received or postmarked before or at the time that notice is
  37-24  due; and
  37-25              (9)  if a conservator's time of possession of a child
  37-26  ends at the time school resumes and for any reason the child is not
  37-27  or will not be returned to school, the conservator in possession of
   38-1  the child shall immediately notify the school and the other
   38-2  conservator that the child will not be or has not been returned to
   38-3  school.
   38-4        SECTION 34.  Section 153.371, Family Code, as added by House
   38-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   38-6  amended to read as follows:
   38-7        Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
   38-8  SOLE MANAGING CONSERVATOR.  Unless limited by court order or other
   38-9  provisions of this chapter, a nonparent, licensed child-placing
  38-10  agency, or authorized agency appointed as a managing conservator of
  38-11  the child has the following rights and duties:
  38-12              (1)  the right to have physical possession and <,> to
  38-13  direct the moral and religious training<, and to establish the
  38-14  primary residence> of the child;
  38-15              (2)  the duty of care, control, protection, and
  38-16  reasonable discipline of the child;
  38-17              (3)  the duty to provide the child with clothing, food,
  38-18  shelter, <and> education, and medical, psychological, and dental
  38-19  care;
  38-20              (4)  the right to consent for the child to medical,
  38-21  psychiatric, psychological, dental, and surgical treatment;
  38-22              (5)  the right to receive and give receipt for payments
  38-23  for the support of the child and to hold or disburse funds for the
  38-24  benefit of the child;
  38-25              (6)  the right to the services and earnings of the
  38-26  child;
  38-27              (7)  the right to consent to marriage and to enlistment
   39-1  in the armed forces of the United States;
   39-2              (8)  the right to represent the child in legal action
   39-3  and to make other decisions of substantial legal significance
   39-4  concerning the child;
   39-5              (9)  except when a guardian of the child's estate or a
   39-6  guardian or attorney ad litem has been appointed for the child, the
   39-7  right to act as an agent of the child in relation to the child's
   39-8  estate if the child's action is required by a state, the United
   39-9  States, or a foreign government; <and>
  39-10              (10)  the right to establish the primary residence of
  39-11  the child and to make decisions regarding the child's education;
  39-12  and
  39-13              (11)  if the parent-child relationship has been
  39-14  terminated with respect to the parents, or only living parent, or
  39-15  if there is no living parent, the right to consent to the adoption
  39-16  of the child and to make any other decision concerning the child
  39-17  that a parent could make.
  39-18        SECTION 35.  Section 153.256, Family Code, as added by House
  39-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  39-20  amended to read as follows:
  39-21        Sec. 153.256.  FACTORS FOR COURT TO CONSIDER.  In ordering
  39-22  the terms of possession of a child under an order other than a
  39-23  standard possession order, the court shall be guided by the
  39-24  guidelines established by the standard possession order and may
  39-25  consider:
  39-26              (1)  the age, developmental status, circumstances,
  39-27  needs, and best interest of the child;
   40-1              (2)  the circumstances of the managing conservator and
   40-2  of the parent named as a possessory conservator; and
   40-3              (3)  any other relevant factor.
   40-4        SECTION 36.  Section 153.313, Family Code, as added by House
   40-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   40-6  amended to read as follows:
   40-7        Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART.  If
   40-8  the possessory conservator resides more than 100 miles from the
   40-9  residence of the child, the possessory conservator shall have the
  40-10  right to possession of the child as follows:
  40-11              (1)  either regular weekend possession beginning on the
  40-12  first, third, and fifth Friday as provided under the terms
  40-13  applicable to parents who reside 100 miles or less apart or not
  40-14  more than one weekend per month of the possessory conservator's
  40-15  choice beginning at 6 p.m. on the day school recesses for the
  40-16  weekend and ending at 6 p.m. on the day before school resumes after
  40-17  the weekend, provided that the possessory conservator gives the
  40-18  managing conservator 14 <seven> days' written or telephonic notice
  40-19  preceding a designated weekend, and provided that the possessory
  40-20  conservator elects an option for this alternative period of
  40-21  possession by written notice given to the managing conservator
  40-22  within 90 days after the parties begin to reside more than 100
  40-23  miles apart, as applicable;
  40-24              (2)  each year beginning on the day the child is
  40-25  dismissed from school for the school's spring vacation and ending
  40-26  at 6 p.m. on the day before school resumes after that vacation;
  40-27              (3)  if the possessory conservator:
   41-1                    (A)  gives the managing conservator written
   41-2  notice by May 1 of each year specifying an extended period or
   41-3  periods of summer possession, the possessory conservator shall have
   41-4  possession of the child for 42 days beginning not earlier than the
   41-5  day after the child's school is dismissed for the summer vacation
   41-6  and ending not later than seven days before school resumes at the
   41-7  end of the summer vacation, to be exercised in not more than two
   41-8  separate periods of at least seven consecutive days each; or
   41-9                    (B)  does not give the managing conservator
  41-10  written notice by May 1 of each year specifying an extended period
  41-11  or periods of summer possession, the possessory conservator shall
  41-12  have possession of the child for 42 consecutive days beginning at 6
  41-13  p.m.  on June 15 and ending at 6 p.m. on July 27;
  41-14              (4)  if the managing conservator gives the possessory
  41-15  conservator written notice by June 1 of each year the managing
  41-16  conservator shall have possession of the child on one weekend
  41-17  beginning Friday at 6 p.m. and ending at 6 p.m.  on the following
  41-18  Sunday during one period of possession by the possessory
  41-19  conservator under Subdivision (3), provided that if a period of
  41-20  possession by the possessory conservator exceeds 30 days, the
  41-21  managing conservator may have possession of the child under the
  41-22  terms of this subdivision on two nonconsecutive weekends during
  41-23  that time period, and further provided that the managing
  41-24  conservator picks up the child from the possessory conservator and
  41-25  returns the child to that same place; and
  41-26              (5)  if the managing conservator gives the possessory
  41-27  conservator written notice by June 1 <May 15> of each year <or
   42-1  gives the possessory conservator 30 days' written notice on or
   42-2  after May 16 of each year>, the managing conservator may designate
   42-3  21 days beginning not earlier than the day after the child's school
   42-4  is dismissed for the summer vacation and ending not later than
   42-5  seven days before school resumes at the end of the summer vacation,
   42-6  to be exercised in not more than two separate periods of at least
   42-7  seven consecutive days each, during which the possessory
   42-8  conservator may not have possession of the child, provided that the
   42-9  period or periods so designated do not interfere with the
  42-10  possessory conservator's period or periods of extended summer
  42-11  possession or with Father's Day if the possessory conservator is
  42-12  the father of the child.
  42-13        SECTION 37.  Section 153.374(a), Family Code, as added by
  42-14  House Bill 655, Acts of the 74th Legislature, Regular Session,
  42-15  1995, is amended to read as follows:
  42-16        (a)  A parent may designate a competent person, authorized
  42-17  agency, or licensed child-placing agency to serve as managing
  42-18  conservator of the child in an unrevoked or irrevocable affidavit
  42-19  of relinquishment of parental rights executed as provided by
  42-20  Chapter 161 <22>.
  42-21        SECTION 38.  Section 154.001, Family Code, as added by House
  42-22  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  42-23  amended to read as follows:
  42-24        Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order
  42-25  either or both parents to support a child in the manner specified
  42-26  by the order:
  42-27              (1)  until the child is 18 years of age or until
   43-1  graduation from high school, whichever occurs later;
   43-2              (2)  until the child is emancipated through marriage,
   43-3  through removal of the disabilities of minority by court order, or
   43-4  by other operation of law;
   43-5              (3)  until the death of the child; or
   43-6              (4)  if the child is disabled as defined in this
   43-7  chapter, for an indefinite period.
   43-8        (b)  The court may order either or both parents to make
   43-9  periodic payments for the support of a child in a proceeding in
  43-10  which the Department of Protective and Regulatory Services is named
  43-11  temporary managing conservator.  In a proceeding in which the
  43-12  Department of Protective and Regulatory Services is named permanent
  43-13  managing conservator of a child whose parents' rights have not been
  43-14  terminated, the court shall order each parent that is financially
  43-15  able to make periodic payments for the support of the child.
  43-16        SECTION 39.  Subchapter A, Chapter 154, Family Code, as added
  43-17  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  43-18  1995, is amended by adding Section 154.011 to read as follows:
  43-19        Sec. 154.011.  SUPPORT NOT CONDITIONED ON POSSESSION OR
  43-20  ACCESS.  A court may not render an order that conditions the
  43-21  payment of child support on whether a managing conservator allows a
  43-22  possessory conservator to have possession of or access to a child.
  43-23        SECTION 40.  Section 154.062(d), Family Code, as added by
  43-24  House Bill 655, Acts of the 74th Legislature, Regular Session,
  43-25  1995, is amended to read as follows:
  43-26        (d)  The court shall deduct the following items from
  43-27  resources to determine the net resources available for child
   44-1  support:
   44-2              (1)  social security taxes;
   44-3              (2)  federal income tax based on the tax rate for a
   44-4  single person claiming one personal exemption and the standard
   44-5  deduction;
   44-6              (3)  state income tax;
   44-7              (4)  union dues; and
   44-8              (5) <(4)>  expenses for health insurance coverage for
   44-9  the obligor's child.
  44-10        SECTION 41.  Section 154.241, Family Code, as added by House
  44-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  44-12  amended by adding Subsection (e) to read as follows:
  44-13        (e)  Subject to Section 154.004, at the request of an
  44-14  obligee, a local registry shall redirect and forward a child
  44-15  support payment to an address and in care of a person or entity
  44-16  designated by the obligee.  A local registry may require that the
  44-17  obligee's request be in writing or be made on a form provided by
  44-18  the local registry for that purpose, but may not charge a fee for
  44-19  receiving the request or redirecting the payments as requested.
  44-20        SECTION 42.  Subchapter F, Chapter 154, Family Code, as added
  44-21  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  44-22  1995, is amended by adding Section 154.309 to read as follows:
  44-23        Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT DISABLED
  44-24  CHILD.  (a)  A court may render an order for the possession of or
  44-25  access to an adult disabled child that is appropriate under the
  44-26  circumstances.
  44-27        (b)  Possession of or access to an adult disabled child is
   45-1  enforceable in the manner provided by Chapter 157.  An adult
   45-2  disabled child may refuse possession or access if the adult
   45-3  disabled child is mentally competent.
   45-4        (c)  A court that obtains continuing, exclusive jurisdiction
   45-5  of a suit affecting the parent-child relationship involving a
   45-6  disabled person who is a child retains continuing, exclusive
   45-7  jurisdiction of subsequent proceedings involving the person,
   45-8  including proceedings after the person is an adult.
   45-9        SECTION 43.  Sections 155.101(a), (b), and (d), Family Code,
  45-10  as added by House Bill 655, Acts of the 74th Legislature, Regular
  45-11  Session, 1995, are amended to read as follows:
  45-12        (a)  The petitioner or the court shall request from the
  45-13  bureau of vital statistics <Department of Protective and Regulatory
  45-14  Services> identification of the court that last had continuing,
  45-15  exclusive jurisdiction of the child in a suit unless:
  45-16              (1)  the petition alleges that no court has continuing,
  45-17  exclusive jurisdiction of the child and the issue is not disputed
  45-18  by the pleadings; or
  45-19              (2)  the petition alleges that the court in which the
  45-20  suit, petition for further remedy, or petition to modify has been
  45-21  filed has acquired and retains continuing, exclusive jurisdiction
  45-22  of the child as the result of a prior proceeding and the issue is
  45-23  not disputed by the pleadings.
  45-24        (b)  The bureau of vital statistics <department> shall, on
  45-25  the written request of the court, an attorney, or a party:
  45-26              (1)  identify the court that last had continuing,
  45-27  exclusive jurisdiction of the child in a suit and give the docket
   46-1  number of the suit; or
   46-2              (2)  state that the child has not been the subject of a
   46-3  suit.
   46-4        (d)  The bureau of vital statistics <department> shall
   46-5  transmit the information not later than the 10th day after the date
   46-6  on which the request is received.
   46-7        SECTION 44.  Section 155.103, Family Code, as added by House
   46-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   46-9  amended to read as follows:
  46-10        Sec. 155.103.  RELIANCE ON DEPARTMENT INFORMATION.  (a)  A
  46-11  court shall have jurisdiction over a suit if it has been, correctly
  46-12  or incorrectly, informed by the bureau of vital statistics
  46-13  <Department of Protective and Regulatory Services> that the child
  46-14  has not been the subject of a suit and the petition states that no
  46-15  other court has continuing, exclusive jurisdiction over the child.
  46-16        (b)  If the bureau of vital statistics <department> notifies
  46-17  the court that the bureau <department> has furnished incorrect
  46-18  information regarding the existence of another court with
  46-19  continuing, exclusive jurisdiction before the rendition of a final
  46-20  order, the provisions of this chapter apply.
  46-21        SECTION 45.  Section 155.104, Family Code, as added by House
  46-22  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  46-23  amended to read as follows:
  46-24        Sec. 155.104.  VOIDABLE ORDER.  (a)  If a request for
  46-25  information from the bureau of vital statistics <Department of
  46-26  Protective and Regulatory Services> relating to the identity of the
  46-27  court having continuing, exclusive jurisdiction of the child has
   47-1  been made under this subchapter, a final order, except an order of
   47-2  dismissal, may not be rendered until the information is filed with
   47-3  the court.
   47-4        (b)  If a final order is rendered in the absence of the
   47-5  filing of the information from the bureau of vital statistics
   47-6  <department>, the order is voidable on a showing that a court other
   47-7  than the court that rendered the order had continuing, exclusive
   47-8  jurisdiction.
   47-9        SECTION 46.  Section 156.101, Family Code, as added by House
  47-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  47-11  amended to read as follows:
  47-12        Sec. 156.101.  GROUNDS FOR MODIFICATION OF SOLE MANAGING
  47-13  CONSERVATORSHIP.  (a)  The court may modify an order that
  47-14  designates a sole managing conservator of a child of any age if:
  47-15              (1)  the circumstances of the child, sole managing
  47-16  conservator, possessory conservator, or other party affected by the
  47-17  order have materially and substantially changed since the date of
  47-18  the rendition of the order;
  47-19              (2)  the retention of the present sole managing
  47-20  conservator would be injurious to the welfare of the child; and
  47-21              (3)  the appointment of the new sole managing
  47-22  conservator would be a positive improvement for the child.
  47-23        (b)  The court may modify an order that designates a sole
  47-24  managing conservator of a child 12 years of age or older if:
  47-25              (1)  the child has filed with the court in writing the
  47-26  name of the person who is the child's choice for managing
  47-27  conservator; and
   48-1              (2)  the court finds that the appointment of the named
   48-2  person is in the best interest of the child.
   48-3        SECTION 47.  Section 156.203, Family Code, as added by House
   48-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   48-5  amended to read as follows:
   48-6        Sec. 156.203.  MODIFICATION FROM JOINT MANAGING
   48-7  CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP.  The court may
   48-8  replace a joint managing conservatorship with a sole managing
   48-9  conservatorship if:
  48-10              (1)(A)  the child's present living environment may
  48-11  endanger the child's physical health or significantly impair the
  48-12  child's emotional development <welfare of the child is a matter of
  48-13  immediate and serious concern>;
  48-14                    (B)  there has been a substantial and unexcused
  48-15  violation of the terms and conditions established in the existing
  48-16  conservatorship order; or
  48-17                    (C)  the circumstances of the child or of one or
  48-18  both of the joint managing conservators have so materially and
  48-19  substantially changed since the rendition of the order that it has
  48-20  become unworkable or inappropriate under existing circumstances;
  48-21  and
  48-22              (2)  the appointment of a sole managing conservator
  48-23  would be a positive improvement for and in the best interest of the
  48-24  child.
  48-25        SECTION 48.  Section 157.062(c), Family Code, as added by
  48-26  House Bill 655, Acts of the 74th Legislature, Regular Session,
  48-27  1995, is amended to read as follows:
   49-1        (c)  Notice <Except as provided in this chapter, the notice>
   49-2  of hearing on a motion for enforcement of an existing order
   49-3  providing for child support or possession of or access to a child
   49-4  shall be given to the respondent by personal service of a copy of
   49-5  the motion and notice not later than the 10th day before the date
   49-6  of the hearing.
   49-7        SECTION 49.  Section 157.066, Family Code, as added by House
   49-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   49-9  amended to read as follows:
  49-10        Sec. 157.066.  FAILURE TO APPEAR.  <(a)>  If a respondent who
  49-11  has been personally served with <sent> notice <by first class mail>
  49-12  to appear at a hearing does not appear at the designated time,
  49-13  place, and date to respond to a motion for enforcement of an
  49-14  existing court order, regardless of whether the motion is joined
  49-15  with other claims or remedies, the court may not hold the
  49-16  respondent in contempt but may, on proper proof, grant a default
  49-17  judgment for the relief sought and <personal service of notice of a
  49-18  hearing shall be attempted.>
  49-19        <(b)  The court shall> issue a capias for the arrest of the
  49-20  respondent <a party if:>
  49-21              <(1)  the party is allegedly in arrears in
  49-22  court-ordered child support payments;>
  49-23              <(2)  the party has been ordered as provided in Chapter
  49-24  105 to provide the clerk of the court with the party's current
  49-25  mailing address;>
  49-26              <(3)  the party did not appear at the hearing; and>
  49-27              <(4)  subsequently an attempt to serve notice of the
   50-1  hearing by personal service on the party has been unsuccessful
   50-2  despite diligent efforts to serve process at the latest address on
   50-3  file with the clerk and at any other address known to the moving
   50-4  party at which the respondent may be served>.
   50-5        SECTION 50.  Subchapter D, Chapter 157, Family Code, as added
   50-6  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   50-7  1995, is amended by adding Section 157.168 to read as follows:
   50-8        Sec. 157.168.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  A
   50-9  court may order additional periods of possession of or access to a
  50-10  child to compensate for the denial of court-ordered possession or
  50-11  access.
  50-12        SECTION 51.  Section 157.265, Family Code, as added by House
  50-13  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  50-14  amended to read as follows:
  50-15        Sec. 157.265.  ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
  50-16  SUPPORT.  (a)  Interest accrues on delinquent child support at the
  50-17  rate of 12 percent simple interest per year from the date the
  50-18  support is delinquent until the date the support is paid or the
  50-19  arrearages are confirmed and reduced to money judgment.
  50-20        (b)  Interest accrues on child support arrearages that have
  50-21  been confirmed and reduced to money judgment as provided in this
  50-22  subchapter at the rate of 12 percent simple interest per year from
  50-23  the date the order is rendered until the date the judgment is paid.
  50-24        (c)  Interest accrues on a money judgment for retroactive or
  50-25  lump-sum child support at the annual rate of 12 percent simple
  50-26  interest from the date the order is rendered until the judgment is
  50-27  paid.
   51-1        SECTION 52.  Subchapter F, Chapter 157, Family Code, as added
   51-2  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   51-3  1995, is amended by adding Section 157.269 to read as follows:
   51-4        Sec. 157.269.  RETENTION OF JURISDICTION.  A court that
   51-5  renders an order providing for the payment of child support
   51-6  arrearages retains jurisdiction until the arrearages are paid in
   51-7  full as required by the court order.
   51-8        SECTION 53.  Subchapter A, Chapter 158, Family Code, as added
   51-9  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  51-10  1995, is amended by adding Section 158.011 to read as follows:
  51-11        Sec. 158.011.  VOLUNTARY WITHHOLDING BY OBLIGOR.  (a)  An
  51-12  obligor may file with the clerk of the court a notarized request
  51-13  signed by the obligor and the obligee for the issuance and delivery
  51-14  to the obligor's employer of a writ of withholding.  A request may
  51-15  be filed under this section regardless of whether a notice of
  51-16  delinquency has been served on any party or of the existence or
  51-17  amount of an arrearage.
  51-18        (b)  On receipt of a request under this section, the clerk
  51-19  shall issue and deliver a writ of withholding in the manner
  51-20  provided by this chapter.
  51-21        (c)  An employer that receives a writ of withholding issued
  51-22  under this section may request a hearing in the same manner and
  51-23  according to the same terms provided by Section 158.205.
  51-24        (d)  An obligor whose employer receives a writ of withholding
  51-25  issued under this section may request a hearing in the manner
  51-26  provided by Section 158.309.
  51-27        (e)  An obligee may contest a writ of withholding issued
   52-1  under this section by requesting, not later than the 180th day
   52-2  after the date on which the obligee discovers that the writ has
   52-3  been issued, a hearing in the manner provided by Section 158.309.
   52-4        (f)  A writ of withholding under this section may not reduce
   52-5  the total amount of child support, including arrearages, owed by
   52-6  the obligor.
   52-7        SECTION 54.  Subchapter B, Chapter 158, Family Code, as added
   52-8  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   52-9  1995, is amended by adding Section 158.107 to read as follows:
  52-10        Sec. 158.107.  FEES FOR ISSUING AND DELIVERING WRIT.  The
  52-11  clerk of the court may charge a fee in a reasonable amount set by
  52-12  the clerk, not to exceed $15, for each writ issued and delivered
  52-13  under this chapter to an employer by mail.
  52-14        SECTION 55.  Section 158.301(b), Family Code, as added by
  52-15  House Bill 655, Acts of the 74th Legislature, Regular Session,
  52-16  1995, is amended to read as follows:
  52-17        (b)  The notice of withholding may be filed in the court of
  52-18  continuing jurisdiction by:
  52-19              (1)  the Title IV-D agency;
  52-20              (2)  the attorney representing the local domestic
  52-21  relations office;
  52-22              (3)  the attorney appointed a friend of the court as
  52-23  provided in Chapter 202; <or>
  52-24              (4)  the obligor or obligee; or
  52-25              (5)  a private attorney representing the obligor or
  52-26  obligee.
  52-27        SECTION 56.  Section 158.303, Family Code, as added by House
   53-1  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   53-2  amended to read as follows:
   53-3        Sec. 158.303.  INTERSTATE REQUEST FOR INCOME WITHHOLDING.
   53-4  (a)  In a Title IV-D case, the registration of a foreign support
   53-5  order as provided in Chapter 159 <160> is sufficient for the filing
   53-6  of a notice of withholding.
   53-7        (b)  The notice shall be filed with the clerk of the court
   53-8  having venue as provided in Chapter 159 <160>.
   53-9        (c)  Notice of withholding may be delivered to the obligor at
  53-10  the same time that an order is filed for registration under Chapter
  53-11  159 <160>.
  53-12        SECTION 57.  Section 158.309(b), Family Code, as added by
  53-13  House Bill 655, Acts of the 74th Legislature, Regular Session,
  53-14  1995, is amended to read as follows:
  53-15        (b)  The court shall hold a hearing on the motion to stay not
  53-16  later than the 30th day after the date the motion was filed, except
  53-17  that a hearing on a motion to stay in a proceeding that is not in a
  53-18  Title IV-D case may be held later than the 30th day after filing if
  53-19  both the obligor and obligee agree and waive the right to have the
  53-20  motion heard within 30 days.
  53-21        SECTION 58.  Subchapter D, Chapter 158, Family Code, as added
  53-22  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  53-23  1995, is amended by adding Section 158.319 to read as follows:
  53-24        Sec. 158.319.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
  53-25  TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a writ of
  53-26  withholding by the clerk, an attorney authorized to file a notice
  53-27  of withholding under this subchapter may issue the writ of
   54-1  withholding to a subsequent employer of the obligor by delivering
   54-2  to the employer by certified mail a copy of the writ.
   54-3        (b)  The writ must include the name, address, and signature
   54-4  of the attorney and clearly indicate that the writ is being issued
   54-5  to a subsequent employer.
   54-6        (c)  The attorney shall file a copy of the writ with the
   54-7  clerk not later than the third working day following delivery of
   54-8  the writ to the subsequent employer.  The attorney shall pay the
   54-9  clerk a fee of $15 at the time the copy of the writ is filed.
  54-10        (d)  The attorney shall file the postal return receipt from
  54-11  the delivery to the subsequent employer not later than the third
  54-12  working day after the attorney receives the receipt.
  54-13        SECTION 59.  Subchapter E, Chapter 158, Family Code, as added
  54-14  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  54-15  1995, is amended by adding new Sections 158.402 and 158.403 and
  54-16  redesignating existing Sections 158.402 and 158.403 to read as
  54-17  follows:
  54-18        Sec. 158.402.  EFFECT OF AGREEMENT BY PARTIES.  If an obligor
  54-19  and obligee agree on a reduction in or termination of child
  54-20  support, the obligor and obligee may file a notarized request with
  54-21  the clerk of the court under Section 158.011.  The clerk shall
  54-22  issue and deliver a writ of withholding to the obligor's employer
  54-23  that reflects the agreed modification or the termination of
  54-24  withholding.
  54-25        Sec. 158.403.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
  54-26  IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates
  54-27  voluntary withholding under Section 158.011, the obligee or an
   55-1  agency providing child support services may file with the clerk of
   55-2  the court a notarized request signed by the obligor and the obligee
   55-3  or agency, as appropriate, for the issuance and delivery to the
   55-4  obligor of a:
   55-5              (1)  modified writ of withholding that reduces the
   55-6  amount of withholding; or
   55-7              (2)  notice of termination of withholding.
   55-8        (b)  On receipt of a request under this section, the clerk
   55-9  shall issue and deliver a modified writ of withholding or notice of
  55-10  termination in the manner provided by Section 158.402.
  55-11        (c)  The clerk may charge a reasonable fee not to exceed $15
  55-12  for filing the request.
  55-13        (d)  An obligee may contest a modified writ of withholding or
  55-14  notice of termination issued under this section by requesting a
  55-15  hearing in the manner provided by Section 158.309 not later than
  55-16  the 180th day after the date the obligee discovers that the writ or
  55-17  notice has been issued.
  55-18        Sec. 158.404  <158.402>.  DELIVERY OF ORDER OF REDUCTION OR
  55-19  TERMINATION OF WITHHOLDING.  If a court has rendered an order that
  55-20  reduces the amount of child support to be withheld or terminates
  55-21  withholding for child support, any person or governmental entity
  55-22  may deliver to the employer a certified copy of the order without
  55-23  the requirement that the clerk of the court deliver the order.
  55-24        Sec. 158.405 <158.403>.  LIABILITY OF EMPLOYERS.  The
  55-25  provisions of this chapter regarding the liability of employers for
  55-26  withholding apply to an order that reduces or terminates
  55-27  withholding.
   56-1        SECTION 60.  Section 160.101, Family Code, as added by House
   56-2  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   56-3  amended to read as follows:
   56-4        Sec. 160.101.  DENIAL OF PATERNITY.  (a)  The presumption
   56-5  that a <A> man <who> is the biological <a presumed> father of a
   56-6  child under Chapter 151 may be contested by:
   56-7              (1)  <,> the biological mother of the child;
   56-8              (2)  a man presumed to be the father of the child, who
   56-9  may contest his own or another man's presumed paternity;
  56-10              (3)  a man alleging himself to be the biological father
  56-11  of the child; or
  56-12              (4)  <, or> a governmental entity, authorized agency,
  56-13  or a licensed child-placing agency <is entitled in a suit to deny a
  56-14  presumed father's paternity of the child>.
  56-15        (b)  A contest <The question> of paternity <under this
  56-16  section> must be raised by an express statement denying paternity
  56-17  of the child in a party's pleadings in the suit, without regard to
  56-18  whether the presumed father or biological mother is a petitioner or
  56-19  respondent.
  56-20        (c) <(b)>  In a suit in which a question of paternity is
  56-21  raised <under this section>, the court shall conduct the pretrial
  56-22  proceedings and order scientifically accepted paternity testing as
  56-23  <required in a suit> provided by  this chapter.
  56-24        SECTION 61.  Section 160.110, Family Code, as added by House
  56-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  56-26  amended by amending Subsection (a) and adding Subsections (d)-(h)
  56-27  to read as follows:
   57-1        (a)  In a suit in which there is a presumption of parentage
   57-2  under Chapter 151, the party denying a presumed father's paternity
   57-3  of the child has the burden of rebutting the presumption of
   57-4  paternity by clear and convincing evidence.
   57-5        (d)  The court shall dismiss with prejudice a claim regarding
   57-6  a presumed father whose paternity is excluded by scientifically
   57-7  accepted paternity testing.
   57-8        (e)  If two or more presumptions are in conflict, the
   57-9  presumption that is founded on the weightier considerations of
  57-10  policy and logic controls.  The court shall find that the weightier
  57-11  presumption of paternity is that of a presumed father who is not
  57-12  excluded as the biological father of the child by scientifically
  57-13  accepted paternity testing that shows that at least 99 percent of
  57-14  the male population is excluded.
  57-15        (f)  The court shall dismiss a suit contesting a presumption
  57-16  of paternity filed by a man who is not a presumed father, but who
  57-17  alleges himself to be the biological father of a child, if:
  57-18              (1)  the suit is filed after the second anniversary of
  57-19  the later of:
  57-20                    (A)  the date of birth of the child; or
  57-21                    (B)  the time the presumption of paternity came
  57-22  into existence after the child was born; and
  57-23              (2)  the presumed father:
  57-24                    (A)  has resided in the same household as the
  57-25  child in a father-child relationship or has established a
  57-26  father-child relationship with the child through his other actions;
  57-27  and
   58-1                    (B)  requests an order designating him as the
   58-2  father of the child.
   58-3        (g)  A suit contesting a presumption that a man is the
   58-4  biological father of a child may be filed at any time during the
   58-5  minority of the child by:
   58-6              (1)  the biological mother of the child;
   58-7              (2)  a presumed father; or
   58-8              (3)  a governmental entity, authorized agency, or
   58-9  licensed child-placing agency.
  58-10        (h)  If a presumption of paternity is rebutted, the court
  58-11  shall enter an order finding that the man presumed to be the father
  58-12  of the child is not the biological father.
  58-13        SECTION 62.  Subchapter C, Chapter 160, Family Code, as added
  58-14  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  58-15  1995, is amended to read as follows:
  58-16                  SUBCHAPTER C.  VOLUNTARY PATERNITY
  58-17        Sec. 160.201.  VOLUNTARY PATERNITY.  (a)  If a statement of
  58-18  paternity has been executed by a man claiming to be the biological
  58-19  father of a child who has no presumed father, he, the mother of the
  58-20  child, or the child through a representative authorized by the
  58-21  court or a governmental entity may file a petition for an order
  58-22  adjudicating him as a parent of the child.  The statement of
  58-23  paternity must be attached to or filed with the petition.
  58-24        (b)  The court shall render an order ajudicating the child to
  58-25  be the biological child of the child's father and the father to be
  58-26  a parent of the child if the court finds that the statement of
  58-27  paternity was executed as provided by this chapter, and the facts
   59-1  stated are true.
   59-2        (c)  A suit for voluntary paternity may be joined with a suit
   59-3  for termination under Chapter 161.
   59-4        Sec. 160.202.  STATEMENT OF PATERNITY.  (a)  The statement of
   59-5  paternity authorized to be used by this subchapter must:
   59-6              (1)  be in writing;
   59-7              (2)  be signed by the man alleging himself to be the
   59-8  father of the child;
   59-9              (3)  state whether the man alleging himself to be the
  59-10  father is a minor; and
  59-11              (4)  clearly state that the man signing the statement
  59-12  acknowledges the child as his biological child.
  59-13        (b)  The statement may include a waiver of citation in a suit
  59-14  to establish the parent-child relationship and <but> may <not>
  59-15  include a waiver of the right to notice of the proceedings.
  59-16        (c)  The statement must be executed before a person
  59-17  authorized to administer oaths under the laws of this state.
  59-18        (d)  The statement may be signed before the birth of the
  59-19  child.
  59-20        (e)  The statement must include the social security number of
  59-21  the father.
  59-22        Sec. 160.203.  EFFECT OF STATEMENT OF PATERNITY.  (a)  A
  59-23  statement of paternity executed as provided by this subchapter is
  59-24  prima facie evidence that the child is the child of the person
  59-25  executing the statement and that the person has an obligation to
  59-26  support the child.
  59-27        (b)  If an alleged father's address is unknown or he is
   60-1  outside the jurisdiction of the court at the time a suit is
   60-2  instituted under this subchapter, his statement of paternity, in
   60-3  the absence of controverting evidence, is sufficient for the court
   60-4  to render an order establishing his paternity of the child.
   60-5        Sec. 160.204.  <NOTICE AFTER WAIVER OF SERVICE.    If the
   60-6  respondent does not answer or appear after signing a waiver of
   60-7  service of process as authorized by this subchapter, notice of the
   60-8  proceedings shall be given to the respondent by first class mail
   60-9  sent to the address supplied in the waiver.  The waiver shall be
  60-10  valid in a suit filed on or before the first anniversary of the
  60-11  date of signing.>
  60-12        <Sec. 160.205.>  DISPUTED PARENTAGE.  If the paternity of the
  60-13  child is uncertain or is disputed by a party in a suit filed under
  60-14  this subchapter, the provisions of Subchapter B apply.
  60-15        Sec. 160.205 <Sec. 160.206>.  VALIDATION OF PRIOR STATEMENTS.
  60-16  A statement acknowledging paternity or an obligation to support a
  60-17  child that was signed by the father before January 1, 1974, is
  60-18  valid and binding even though the statement is not executed as
  60-19  provided by this subchapter.
  60-20        SECTION 63.  Section 161.001, Family Code, as added by House
  60-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  60-22  amended to read as follows:
  60-23        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
  60-24  RELATIONSHIP.  The court may order termination of the parent-child
  60-25  relationship if the court finds by clear and convincing evidence
  60-26  <that>:
  60-27              (1)  that the parent has:
   61-1                    (A)  voluntarily left the child alone or in the
   61-2  possession of another not the parent and expressed an intent not to
   61-3  return;
   61-4                    (B)  voluntarily left the child alone or in the
   61-5  possession of another not the parent without expressing an intent
   61-6  to return, without providing for the adequate support of the child,
   61-7  and remained away for a period of at least three months;
   61-8                    (C)  voluntarily left the child alone or in the
   61-9  possession of another without providing adequate support of the
  61-10  child and remained away for a period of at least six months;
  61-11                    (D)  knowingly placed or knowingly allowed the
  61-12  child to remain in conditions or surroundings which endanger the
  61-13  physical or emotional well-being of the child;
  61-14                    (E)  engaged in conduct or knowingly placed the
  61-15  child with persons who engaged in conduct which endangers the
  61-16  physical or emotional well-being of the child;
  61-17                    (F)  failed to support the child in accordance
  61-18  with his ability during a period of one year ending within six
  61-19  months of the date of the filing of the petition;
  61-20                    (G)  abandoned the child without identifying the
  61-21  child or furnishing means of identification, and the child's
  61-22  identity cannot be ascertained by the exercise of reasonable
  61-23  diligence;
  61-24                    (H)  voluntarily, and with knowledge of the
  61-25  pregnancy, abandoned the mother of the child beginning at a time
  61-26  during her pregnancy with the child and continuing through the
  61-27  birth, failed to provide adequate support or medical care for the
   62-1  mother during the period of abandonment before the birth of the
   62-2  child, and remained apart from the child or failed to support the
   62-3  child since the birth;
   62-4                    (I)  contumaciously refused to submit to a
   62-5  reasonable and lawful order of a court under Chapter 264;
   62-6                    (J)  been the major cause of:
   62-7                          (i)  the failure of the child to be
   62-8  enrolled in school as required by the Education Code; or
   62-9                          (ii)  the child's absence from the child's
  62-10  home without the consent of the parents or guardian for a
  62-11  substantial length of time or without the intent to return;
  62-12                    (K)  executed before or after the suit is filed
  62-13  an unrevoked or irrevocable affidavit of relinquishment of parental
  62-14  rights as provided by this chapter;
  62-15                    (L)  been adjudicated to be criminally
  62-16  responsible for the death or serious injury of a child <another of
  62-17  his or her children>; <or>
  62-18                    (M)  had his or her parent-child relationship
  62-19  terminated with respect to another child based on a finding that
  62-20  the parent's conduct was in violation of Paragraph (D) or (E); or
  62-21                    (N)  constructively abandoned the child who has
  62-22  been in the permanent or temporary managing conservatorship of the
  62-23  Department of Protective and Regulatory Services or an authorized
  62-24  agency for not less than one year, and:
  62-25                          (i)  the department or authorized agency
  62-26  has made reasonable efforts to return the child to the parent;
  62-27                          (ii)  the parent has not visited or
   63-1  maintained contact with the child; and
   63-2                          (iii)  the parent has demonstrated an
   63-3  inability to provide the child with a safe environment; and
   63-4              (2)  that termination is in the best interest of the
   63-5  child.
   63-6        SECTION 64.  Section 161.002(b), Family Code, as added by
   63-7  House Bill 655, Acts of the 74th Legislature, Regular Session,
   63-8  1995, is amended to read as follows:
   63-9        (b)  The rights of an alleged biological father may be
  63-10  terminated if, after being served with citation, he does not
  63-11  respond by timely filing an admission of paternity or a
  63-12  counterclaim for paternity under Chapter 160 <159> prior to the
  63-13  final hearing in the suit.
  63-14        SECTION 65.  Section 161.003(a), Family Code, as added by
  63-15  House Bill 655, Acts of the 74th Legislature, Regular Session,
  63-16  1995, is amended to read as follows:
  63-17        (a)  The court may order termination of the parent-child
  63-18  relationship in a suit filed by the Department of Protective and
  63-19  Regulatory Services if the court finds that:
  63-20              (1)  the parent has a mental or emotional illness or a
  63-21  mental deficiency that renders the parent unable to provide for the
  63-22  physical, emotional, and mental needs of the child;
  63-23              (2)  the illness or deficiency, in all reasonable
  63-24  probability, proved by clear and convincing evidence, will continue
  63-25  to render the parent unable to provide for the child's needs until
  63-26  the 18th birthday of the child;
  63-27              (3)  the department has been the temporary or sole
   64-1  <permanent> managing conservator of the child of the parent for the
   64-2  six months preceding the filing of the petition; <and>
   64-3              (4)  the department has made reasonable efforts to
   64-4  return the child to the parent; and
   64-5              (5)  the termination is in the best interest of the
   64-6  child.
   64-7        SECTION 66.  Section 161.005, Family Code, as added by House
   64-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   64-9  amended to read as follows:
  64-10        Sec. 161.005.  TERMINATION WHEN PARENT IS PETITIONER.  (a)  A
  64-11  parent may file a suit for termination of the petitioner's
  64-12  parent-child relationship.  The court may order termination if
  64-13  termination is in the best interest of the child.
  64-14        (b)  If the petition designates the Department of Protective
  64-15  and Regulatory Services as managing conservator, the department
  64-16  shall be given service of citation.  The court shall notify the
  64-17  department if the court appoints the department as the managing
  64-18  conservator of the child.
  64-19        SECTION 67.  Section 161.103(a), Family Code, as added by
  64-20  House Bill 655, Acts of the 74th Legislature, Regular Session,
  64-21  1995, is amended to read as follows:
  64-22        (a)  An affidavit for voluntary relinquishment of parental
  64-23  rights must be:
  64-24              (1)  signed after the birth of the child, but not
  64-25  before 48 hours after the birth of the child, by the parent,
  64-26  whether or not a minor, whose parental rights are to be
  64-27  relinquished;
   65-1              (2)  witnessed by two credible persons; and
   65-2              (3)  verified before a person authorized to take oaths.
   65-3        SECTION 68.  Section 162.010(a), Family Code, as added by
   65-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
   65-5  1995, is amended to read as follows:
   65-6        (a)  Unless the managing conservator is the petitioner, the
   65-7  written consent of a managing conservator to the adoption must be
   65-8  filed.  The court may waive the requirement of consent by the
   65-9  managing conservator if the court finds that the consent is being
  65-10  refused or has been revoked without good cause.   A hearing on the
  65-11  issue of consent shall be conducted by the court without a jury.
  65-12        SECTION 69.  Section 161.104, Family Code, as added by House
  65-13  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  65-14  amended to read as follows:
  65-15        Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
  65-16  PENDING COURT APPOINTMENT.  A person, licensed child-placing
  65-17  agency, or authorized agency designated managing conservator of a
  65-18  child in an irrevocable or unrevoked affidavit of relinquishment
  65-19  has a right to possession of the child superior to the right of the
  65-20  person executing the affidavit, the right to consent to medical,
  65-21  <and> surgical, dental, and psychological treatment of the child,
  65-22  and the rights and duties given by Chapter 153 to a possessory
  65-23  conservator until such time as these rights and duties are modified
  65-24  or terminated by court order.
  65-25        SECTION 70.  Section 161.107(d), Family Code, as added by
  65-26  House Bill 655, Acts of the 74th Legislature, Regular Session,
  65-27  1995, is amended to read as follows:
   66-1        (d)  If the department is not able to locate a missing parent
   66-2  or a relative of that parent and sufficient information is
   66-3  available concerning the physical whereabouts of the parent or
   66-4  relative, the department shall request the state agency designated
   66-5  to administer a statewide plan for child support to use the
   66-6  parental locator service established under 42 U.S.C. Section 653 to
   66-7  determine the location of the missing parent or relative.
   66-8        SECTION 71.  Section 161.206(a), Family Code, as added by
   66-9  House Bill 655, Acts of the 74th Legislature, Regular Session,
  66-10  1995, is amended to read as follows:
  66-11        (a)  If the court finds grounds for termination of the
  66-12  parent-child relationship by clear and convincing evidence, it
  66-13  shall render an order terminating the parent-child relationship.
  66-14        SECTION 72.  Section 162.004(b), Family Code, as added by
  66-15  House Bill 655, Acts of the 74th Legislature, Regular Session,
  66-16  1995, is amended to read as follows:
  66-17        (b)  For good cause shown, the court may set the hearing at
  66-18  any date after the report is filed <time that provides adequate
  66-19  time for filing the social study>.
  66-20        SECTION 73.  Section 162.003, Family Code, as added by H.B.
  66-21  655, Acts of the 74th Legislature, Regular Session, 1995, is
  66-22  amended to read as follows:
  66-23        Sec. 162.003.  SOCIAL STUDY.  (a)  In a suit for adoption,
  66-24  including a suit in which a private agency or individual is
  66-25  responsible for placing the child for adoption, the court shall
  66-26  order a social study as provided in Chapter 107.
  66-27        (b)  The social study required by this section must include a
   67-1  complete investigation of the circumstances and condition of the
   67-2  home of a person petitioning for the adoption of a child under this
   67-3  chapter.
   67-4        (c)  The court shall order that the cost of the social study
   67-5  be paid by the person seeking to adopt the child who is the subject
   67-6  of the social study.
   67-7        SECTION 74.  Section 162.004, Family Code, as added by H.B.
   67-8  655, Acts of the 74th Legislature, Regular Session, 1995, is
   67-9  amended to read as follows:
  67-10        Sec. 162.004.  TIME FOR HEARING.  (a)  The court shall set
  67-11  the date for the hearing on the adoption at a time not before the
  67-12  40th day or later than the 60th day after the later of the date the
  67-13  social study is ordered or the date criminal history record
  67-14  information is requested under Section 162.0085.
  67-15        (b)  For good cause shown, the court may set the hearing at
  67-16  any time that provides adequate time for filing the social study
  67-17  and for notifying the court of the criminal history record
  67-18  information for a person seeking to adopt the child.
  67-19        SECTION 75.  Subchapter A, Chapter 162, Family Code, as added
  67-20  by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
  67-21  is amended by adding Section 162.0085 to read as follows:
  67-22        Sec. 162.0085.  CRIMINAL HISTORY REPORT REQUIRED.  (a)  In a
  67-23  suit affecting the parent-child relationship in which an adoption
  67-24  is sought, the court shall order each person seeking to adopt the
  67-25  child to obtain that person's own criminal history record
  67-26  information.
  67-27        (b)  A person required to obtain information under Subsection
   68-1  (a) shall obtain the information in the manner provided by Section
   68-2  411.128, Government Code.
   68-3        SECTION 76.  Subchapter F, Chapter 411, Government Code, is
   68-4  amended by adding Section 411.128 to read as follows:
   68-5        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
   68-6  PERSON SEEKING TO ADOPT CHILD.  (a)  A person seeking to adopt a
   68-7  child under Chapter 162, Family Code, who is ordered by the court
   68-8  to obtain the person's own criminal history record information from
   68-9  the department under Section 162.0085, Family Code, shall request
  68-10  the information as provided by this section.
  68-11        (b)  A person requesting information under this section shall
  68-12  provide the department with the name and address of the court and
  68-13  the date set for the adoption hearing.
  68-14        (c)  The department shall provide the court with criminal
  68-15  history record information not later than the 10th day after the
  68-16  date on which the criminal history record information is requested.
  68-17        (d)  Criminal history record information requested under this
  68-18  section may not be released or disclosed to a person other than the
  68-19  court ordering the investigation except on court order or with the
  68-20  consent of the person who is the subject of the criminal history
  68-21  record information.
  68-22        SECTION 77.  Section 162.015, Family Code, as added by House
  68-23  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  68-24  amended to read as follows:
  68-25        Sec. 162.015.  RACE OR ETHNICITY.  (a)  In determining the
  68-26  best interest of the child, the court may not deny or delay the
  68-27  adoption or otherwise discriminate on the basis of race or
   69-1  ethnicity of the child or the prospective adoptive parents.
   69-2        (b)  This section does not apply to a person, entity, tribe,
   69-3  organization, or child custody proceeding subject to the Indian
   69-4  Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.).  In
   69-5  this subsection "child custody proceeding" has the meaning provided
   69-6  by 25 U.S.C. Section 1903.
   69-7        SECTION 78.  Section 162.021(b), Family Code, as added by
   69-8  House Bill 655, Acts of the 74th Legislature, Regular Session,
   69-9  1995, is amended to read as follows:
  69-10        (b)  Rendition of the order does not relieve the clerk from
  69-11  the duty to send the files or petitions and decrees of adoption to
  69-12  the bureau of vital statistics <department> as required by this
  69-13  subchapter.
  69-14        SECTION 79.  Sections 162.405(b)-(g), Family Code, as added
  69-15  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  69-16  1995, are amended to read as follows:
  69-17        (b)  <The clerk of the court in which an adoption is granted
  69-18  shall, on or before the 10th day of the first month after the month
  69-19  in which the adoption is granted, transmit to the administrator of
  69-20  the central registry a report of adoption with respect to each
  69-21  adoption granted.  The report must include the following
  69-22  information:>
  69-23              <(1)  the name of the adopted child after adoption as
  69-24  shown in the final adoption decree;>
  69-25              <(2)  the birth date of the adopted child;>
  69-26              <(3)  the docket number of the adoption suit;>
  69-27              <(4)  the identity of the court granting the adoption;>
   70-1              <(5)  the date of the final adoption decree;>
   70-2              <(6)  the name and address of each parent, guardian,
   70-3  managing conservator, or other person whose consent to adoption was
   70-4  required or waived under Section 162.010 or whose parental rights
   70-5  were terminated in the adoption suit;>
   70-6              <(7)  the identity of the authorized agency, if any,
   70-7  through which the adopted child was placed for adoption; and>
   70-8              <(8)  the identity, address, and telephone number of
   70-9  the registry through which the adopted child may register as an
  70-10  adoptee.>
  70-11        <(c)>  An authorized agency may file with the administrator
  70-12  of the central registry a report of adoption with respect to any
  70-13  person adopted during the person's minority before January 1, 1984.
  70-14  The report may include:
  70-15              (1)  the name of the adopted child after adoption as
  70-16  shown in the final adoption decree;
  70-17              (2)  the birth date of the adopted child;
  70-18              (3)  the docket number of the adoption suit;
  70-19              (4)  the identity of the court granting the adoption;
  70-20              (5)  the date of the final adoption decree;
  70-21              (6)  the identity of the agency, if any, through which
  70-22  the adopted child was placed; and
  70-23              (7)  the identity, address, and telephone number of the
  70-24  registry through which the adopted child may register as an
  70-25  adoptee.
  70-26        (c) <(d)>  On receiving an inquiry by an adoptee who has
  70-27  provided satisfactory proof of age and identity and paid all
   71-1  required inquiry fees, the administrator of the central registry
   71-2  shall review the information on file in the central index.  If the
   71-3  index reveals that the adoptee was not placed for adoption through
   71-4  an authorized agency, the administrator of the central registry
   71-5  shall issue the adoptee an official certificate stating that the
   71-6  adoptee is entitled to apply for registration through the central
   71-7  registry.  If the index identifies an authorized agency through
   71-8  which the adoptee was placed for adoption, the administrator of the
   71-9  central registry shall determine the identity of the registry
  71-10  through which the adoptee may register.  If the administrator of
  71-11  the central registry cannot determine from the index whether the
  71-12  adoptee was placed for adoption through an authorized agency, the
  71-13  administrator of the central registry shall determine the identity
  71-14  of the registry with which the adoptee may register.
  71-15        (d) <(e)>  Each administrator shall, not later than the 30th
  71-16  day after the date of receiving an inquiry from the administrator
  71-17  of the central registry, respond in writing to the inquiry that the
  71-18  registrant was not placed for adoption by an agency served by that
  71-19  registry or that the registrant was placed for adoption by an
  71-20  agency served by that registry.  If the registrant was placed for
  71-21  adoption by an agency served by the registry, the administrator
  71-22  shall file a report with the administrator of the central registry
  71-23  including the information described by Subsections (b) <(c)>
  71-24  (1)-(6).
  71-25        (e) <(f)>  After completing the investigation, the
  71-26  administrator of the central registry shall issue an official
  71-27  certificate stating:
   72-1              (1)  the identity of the registry through which the
   72-2  adoptee may apply for registration, if known; or
   72-3              (2)  if the administrator cannot make a conclusive
   72-4  determination, that the adoptee is entitled to apply for
   72-5  registration through the central registry and is entitled to apply
   72-6  for registration through other registries created under this
   72-7  subchapter.
   72-8        (f) <(g)>  On receiving an inquiry by a birth parent who has
   72-9  provided satisfactory proof of identity and age and paid all
  72-10  required inquiry fees, the administrator of the central registry
  72-11  shall review the information on file in the central index and
  72-12  consult with the administrators of other registries in the state in
  72-13  order to determine the identity of the appropriate registry or
  72-14  registries through which the birth parent may register.  Each
  72-15  administrator shall, not later than the 30th day after the date of
  72-16  receiving an inquiry from the administrator of the central
  72-17  registry, respond in writing to the inquiry.  After completing the
  72-18  investigation, the administrator of the central registry shall
  72-19  provide the birth parent with a written statement either
  72-20  identifying the name, address, and telephone number of each
  72-21  registry through which registration would be appropriate or stating
  72-22  that after diligent inquiry the administrator cannot determine the
  72-23  specific registry or registries through which registration would be
  72-24  appropriate.
  72-25        SECTION 80.  Subchapter B, Chapter 201, Family Code, as added
  72-26  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  72-27  1995, is amended by adding Section 201.111 to read as follows:
   73-1        Sec. 201.111.  TIME TO ACT ON MASTER'S REPORT.  (a)  Except
   73-2  as provided by Subsection (b), not later than the 30th day after
   73-3  the date a master's report is filed, the referring court shall:
   73-4              (1)  adopt, approve, or reject the master's report;
   73-5              (2)  hear further evidence; or
   73-6              (3)  recommit the matter for further proceedings.
   73-7        (b)  The time limit in Subsection (a) does not apply if a
   73-8  party has filed a written notice of appeal to the referring court.
   73-9        SECTION 81.  Section 202.002(c), Family Code, as added by
  73-10  House Bill 655, Acts of the 74th Legislature, Regular Session,
  73-11  1995, is amended to read as follows:
  73-12        (c)  A friend of the court may file a notice of delinquency
  73-13  and a request for a writ of income withholding under Chapter 158
  73-14  <19> in order to enforce a child support order.
  73-15        SECTION 82.  Section 231.006, Family Code, as added by House
  73-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  73-17  amended to read as follows:
  73-18        Sec. 231.006.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  73-19  OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS.  (a)  A child support
  73-20  obligor who is more than 30 days delinquent in paying child support
  73-21  and a business entity in which the obligor is a sole proprietor,
  73-22  partner, shareholder, or owner with an ownership interest of at
  73-23  least 25 percent is not eligible to:
  73-24              (1)  receive payments from state funds under <submit a
  73-25  bid or enter into> a contract to provide property, materials, or
  73-26  services <under a contract with the state>; or
  73-27              (2)  receive a state-funded grant or loan.
   74-1        (b)  <A sole proprietorship, partnership, corporation, or
   74-2  other entity in which a sole proprietor, partner, majority
   74-3  shareholder, or substantial owner is a delinquent obligor who is
   74-4  ineligible to bid on a state contract as provided by this section
   74-5  may not bid on a state contract.>
   74-6        <(c)>  A child support obligor or business entity ineligible
   74-7  to receive payments under Subsection (a) remains ineligible <to
   74-8  submit a bid on or enter into a state contract or apply for a
   74-9  state-funded grant or loan as provided by this section> until:
  74-10              (1)  all arrearages have been paid; or
  74-11              (2)  the obligor is in compliance with a written
  74-12  repayment agreement or court order as to any existing delinquency.
  74-13        (c)  A bid or an application for a contract, grant, or loan
  74-14  paid from state funds must include the name and social security
  74-15  number of the individual or sole proprietor and each partner,
  74-16  shareholder, or owner with an ownership interest of at least 25
  74-17  percent of the business entity submitting the bid or application.
  74-18        (d)  A contract, bid, or application subject to the
  74-19  requirements of this section must include the following statement:
  74-20        "Under Section 231.006, Family Code, the vendor or applicant
  74-21  certifies that the individual or business entity named in this
  74-22  contract, bid, or application is not ineligible to receive the
  74-23  specified grant, loan, or payment and acknowledges that this
  74-24  contract may be terminated and payment may be withheld if this
  74-25  certification is inaccurate."
  74-26        (e)  If a state agency determines that an individual or
  74-27  business entity holding a state contract is ineligible to receive
   75-1  payment under Subsection (a), the contract may be terminated.
   75-2        (f)  If the certificate required under Subsection (d) is
   75-3  shown to be false, the vendor is liable to the state for attorney's
   75-4  fees, the costs necessary to complete the contract, including the
   75-5  cost of advertising and awarding a second contract, and any other
   75-6  damages provided by law or contract.
   75-7        (g)  This section does not create a cause of action to
   75-8  contest a bid or award of a state grant, loan, or contract.  This
   75-9  section does not impose a duty on the Title IV-D agency to collect
  75-10  information to send to the comptroller to withhold a payment to a
  75-11  business entity.  The Title IV-D agency and other affected agencies
  75-12  are encouraged to develop a system by which the Title IV-D agency
  75-13  may identify a business entity that is ineligible to receive a
  75-14  state payment under Subsection (a) and to ensure that a state
  75-15  payment to the entity is not made.  This system should be
  75-16  implemented using existing funds and only if the Title IV-D agency,
  75-17  comptroller, and other affected agencies determine that it will be
  75-18  cost-effective.
  75-19        (h)  This section does not apply to a contract between
  75-20  governmental entities.
  75-21        (i) <(d)  Each bidder for a state contract or applicant for a
  75-22  state-funded loan or grant as provided by this section shall submit
  75-23  a signed, sworn statement accompanying any bid or application for a
  75-24  grant or loan affirming that the bidder or applicant is not more
  75-25  than 30 days delinquent in providing child support under a court
  75-26  order or a written repayment agreement.>
  75-27        <(e)>  The Title IV-D agency <and the General Services
   76-1  Commission> may adopt rules or prescribe forms to implement any
   76-2  provision of this section.
   76-3        SECTION 83.  Section 231.007(g), Family Code, as added by
   76-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
   76-5  1995, is amended to read as follows:
   76-6        (g)  The amount of weekly workers' compensation benefits that
   76-7  may be withheld or assigned under this section may not exceed the
   76-8  percentage of the person's benefits that would apply if the
   76-9  benefits equalled the person's monthly net resources as provided by
  76-10  Chapter 154 <15>, except that in no event may more than 50 percent
  76-11  of the person's weekly compensation benefits be withheld or
  76-12  assigned.
  76-13        SECTION 84.  Section 231.302, Family Code, as added by House
  76-14  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  76-15  amended by adding Subsections (c), (d), (e), and (f) to read as
  76-16  follows:
  76-17        (c)  To assist in the administration of laws relating to
  76-18  child support enforcement under Parts A and D of Title IV of the
  76-19  federal Social Security Act (42 U.S.C. Sections 601-617 and
  76-20  651-669):
  76-21              (1)  each licensing authority shall request and each
  76-22  applicant for a license shall provide the applicant's social
  76-23  security number;
  76-24              (2)  each agency administering a contract that provides
  76-25  for a payment of state funds shall request and each individual or
  76-26  entity bidding on a state contract shall provide the individual's
  76-27  or entity's social security number as required by Section 231.006,
   77-1  Family Code; and
   77-2              (3)  each agency administering a state-funded grant or
   77-3  loan program shall request and each applicant for a grant or loan
   77-4  shall provide the applicant's social security number as required by
   77-5  Section 231.006, Family Code.
   77-6        (d)  This section does not limit the right of an agency or
   77-7  licensing authority to collect and use a social security number
   77-8  under another provision of law.
   77-9        (e)  Except as provided by Subsection (d), a social security
  77-10  number provided under this section is confidential and may be
  77-11  disclosed only for the purposes of responding to a request for
  77-12  information from an agency operating under the provisions of Parts
  77-13  A and D of Title IV of the federal Social Security Act (42 U.S.C.
  77-14  Sections 601-617 and 651-669).
  77-15        (f)  Information collected by the Title IV-D agency under
  77-16  this section may be used only for child support purposes.
  77-17        SECTION 85.  Subtitle D, Title 5, Family Code, as added by
  77-18  House Bill 655, Acts of the 74th Legislature, Regular Session,
  77-19  1995, is amended by adding Chapter 232 to read as follows:
  77-20            CHAPTER 232.  SUSPENSION OF LICENSE FOR FAILURE
  77-21                         TO PAY CHILD SUPPORT
  77-22        Sec. 232.001.  DEFINITIONS.  In this chapter:
  77-23              (1)  "License" means a license, certificate,
  77-24  registration, permit, or other authorization that:
  77-25                    (A)  is issued by a licensing authority;
  77-26                    (B)  is subject before expiration to suspension,
  77-27  revocation, forfeiture, or termination by the issuing licensing
   78-1  authority; and
   78-2                    (C)  a person must obtain to:
   78-3                          (i)  practice or engage in a particular
   78-4  business, occupation, or profession;
   78-5                          (ii)  operate a motor vehicle; or
   78-6                          (iii)  engage in any other regulated
   78-7  activity, including hunting, fishing, or other recreational
   78-8  activity for which a license or permit is required.
   78-9              (2)  "Licensing authority" means a department,
  78-10  commission, board, office, or other agency of the state or a
  78-11  political subdivision of the state that issues a license.
  78-12              (3)  "Order suspending license" means an order issued
  78-13  by the Title IV-D agency or a court directing a licensing authority
  78-14  to suspend a license.
  78-15        Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
  78-16  following state agencies are licensing authorities subject to this
  78-17  chapter:
  78-18              (1)  Department of Agriculture;
  78-19              (2)  Texas Commission on Alcohol and Drug Abuse;
  78-20              (3)  Texas Alcoholic Beverage Commission;
  78-21              (4)  Texas Appraiser Licensing and Certification Board;
  78-22              (5)  Texas Board of Architectural Examiners;
  78-23              (6)  State Board of Barber Examiners;
  78-24              (7)  Texas Board of Chiropractic Examiners;
  78-25              (8)  Comptroller of Public Accounts;
  78-26              (9)  Texas Cosmetology Commission;
  78-27              (10)  Court Reporters Certification Board;
   79-1              (11)  State Board of Dental Examiners, if the 74th
   79-2  Legislature, at its regular session, enacts legislation that
   79-3  becomes law authorizing a state agency to regulate the practice of
   79-4  dentistry;
   79-5              (12)  Texas State Board of Examiners of Dietitians;
   79-6              (13)  Texas Funeral Service Commission;
   79-7              (14)  Texas Department of Health;
   79-8              (15)  Texas Board of Professional Land Surveying;
   79-9              (16)  Texas Department of Licensing and Regulation;
  79-10              (17)  Texas State Board of Examiners of Marriage and
  79-11  Family Therapists;
  79-12              (18)  Texas State Board of Medical Examiners;
  79-13              (19)  Midwifery Board;
  79-14              (20)  Texas Natural Resource Conservation Commission;
  79-15              (21)  Board of Nurse Examiners;
  79-16              (22)  Texas Board of Nursing Facility Administrators;
  79-17              (23)  Texas Board of Occupational Therapy Examiners;
  79-18              (24)  Texas Optometry Board;
  79-19              (25)  Parks and Wildlife Department;
  79-20              (26)  Texas State Board of Examiners of Perfusionists;
  79-21              (27)  Texas State Board of Pharmacy;
  79-22              (28)  Texas Board of Physical Therapy Examiners;
  79-23              (29)  Texas State Board of Plumbing Examiners;
  79-24              (30)  Texas State Board of Podiatry Examiners;
  79-25              (31)  Polygraph Examiners Board;
  79-26              (32)  Texas Board of Private Investigators and Private
  79-27  Security Agencies;
   80-1              (33)  Texas State Board of Examiners of Professional
   80-2  Counselors;
   80-3              (34)  State Board of Registration for Professional
   80-4  Engineers;
   80-5              (35)  Department of Protective and Regulatory Services;
   80-6              (36)  Texas State Board of Examiners of Psychologists;
   80-7              (37)  Texas State Board of Public Accountancy;
   80-8              (38)  Department of Public Safety of the State of
   80-9  Texas;
  80-10              (39)  Public Utility Commission of Texas;
  80-11              (40)  Railroad Commission of Texas;
  80-12              (41)  Texas Real Estate Commission;
  80-13              (42)  State Bar of Texas;
  80-14              (43)  Texas State Board of Social Worker Examiners;
  80-15              (44)  State Board of Examiners for Speech-Language
  80-16  Pathology and Audiology;
  80-17              (45)  Texas Structural Pest Control Board;
  80-18              (46)  Board of Tax Professional Examiners;
  80-19              (47)  Secretary of State;
  80-20              (48)  Supreme Court of Texas;
  80-21              (49)  Texas Transportation Commission;
  80-22              (50)  State Board of Veterinary Medical Examiners;
  80-23              (51)  Board of Vocational Nurse Examiners;
  80-24              (52)  Texas Ethics Commission;
  80-25              (53)  Advisory Board of Athletic Trainers;
  80-26              (54)  State Committee of Examiners in the Fitting and
  80-27  Dispensing of Hearing Instruments;
   81-1              (55)  Texas Board of Licensure for Professional Medical
   81-2  Physicists; and
   81-3              (56)  Texas Department of Insurance.
   81-4        Sec. 232.003.  SUSPENSION OF LICENSE.  A court or the Title
   81-5  IV-D agency may issue an order suspending a license as provided by
   81-6  this chapter if an obligor:
   81-7              (1)  has an arrearage equal to or greater than the
   81-8  total support due for 90 days under a support order;
   81-9              (2)  has been provided an opportunity to make payments
  81-10  toward the child support arrearage under an agreed or court-ordered
  81-11  repayment schedule; and
  81-12              (3)  has failed to comply with the repayment schedule.
  81-13        Sec. 232.004.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
  81-14  child support agency or obligee may file a petition to suspend a
  81-15  license.
  81-16        (b)  In a Title IV-D case, the petition shall be filed with
  81-17  the Title IV-D agency.
  81-18        (c)  In a case other than a Title IV-D case, the petition
  81-19  shall be filed in the court of continuing jurisdiction or the court
  81-20  in which a child support order has been registered under Chapter
  81-21  159.
  81-22        (d)  A proceeding in a case filed with the Title IV-D agency
  81-23  under this chapter is governed by the contested case provisions of
  81-24  Chapter 2001, Government Code, except that Section 2001.054 does
  81-25  not apply to the proceeding.  The director of the Title IV-D agency
  81-26  is responsible for rendering a final decision in the contested case
  81-27  proceeding.
   82-1        Sec. 232.005.  CONTENTS OF PETITION.  (a)  A petition under
   82-2  this chapter must state that license suspension is required under
   82-3  Section 232.003 and allege:
   82-4              (1)  the name and, if known, social security number of
   82-5  the obligor;
   82-6              (2)  the type of license the obligor is believed to
   82-7  hold and the name of the licensing authority; and
   82-8              (3)  the amount owed under the child support order, the
   82-9  amount of support paid, and the amount of arrearages.
  82-10        (b)  A petition under this chapter may include as an
  82-11  attachment a copy of the record of child support payments
  82-12  maintained by the Title IV-D registry or local registry.
  82-13        Sec. 232.006.  NOTICE.  (a)  On the filing of a petition
  82-14  under Section 232.004, the court or Title IV-D agency shall issue
  82-15  to the obligor:
  82-16              (1)  notice of the obligor's right to a hearing before
  82-17  the court or agency;
  82-18              (2)  notice of the deadline for requesting a hearing;
  82-19  and
  82-20              (3)  a hearing request form if the proceeding is in a
  82-21  Title IV-D case.
  82-22        (b)  Notice under this section may be served as in civil
  82-23  cases generally.
  82-24        (c)  The notice must state that an order suspending license
  82-25  shall be rendered on the 60th day after the date of service of the
  82-26  notice unless by that date:
  82-27              (1)  the court or Title IV-D agency receives proof that
   83-1  all arrearages and the current month's child support obligation
   83-2  have been paid;
   83-3              (2)  the child support agency or obligee files a
   83-4  certification that the obligor is in compliance with a reasonable
   83-5  repayment schedule; or
   83-6              (3)  the obligor appears at a hearing before the court
   83-7  or Title IV-D agency and shows that the request for suspension
   83-8  should be denied or stayed.
   83-9        Sec. 232.007.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)
  83-10  A request for a hearing and motion to stay suspension must be filed
  83-11  with the court or Title IV-D agency by the obligor not later than
  83-12  the 20th day after the date of service of the notice under Section
  83-13  232.006.
  83-14        (b)  If a request for a hearing is filed, the court or Title
  83-15  IV-D agency shall:
  83-16              (1)  promptly schedule a hearing;
  83-17              (2)  notify each party of the date, time, and location
  83-18  of the hearing; and
  83-19              (3)  stay suspension pending the hearing.
  83-20        (c)  A record of child support payments made by the Title
  83-21  IV-D agency or a local registry is evidence of whether the payments
  83-22  were made.  A copy of the record appearing regular on its face
  83-23  shall be admitted as evidence at a hearing under this chapter,
  83-24  including a hearing on a motion to revoke a stay.  Either party may
  83-25  offer controverting evidence.
  83-26        Sec. 232.008.  ORDER SUSPENDING LICENSE.  (a)  On making the
  83-27  findings required by Section 232.003, the court or Title IV-D
   84-1  agency shall render an order suspending the license unless the
   84-2  obligor proves that all arrearages and the current month's support
   84-3  have been paid.
   84-4        (b)  The court or Title IV-D agency may stay an order
   84-5  suspending a license conditioned on the obligor's compliance with a
   84-6  reasonable repayment schedule that is incorporated in the order.
   84-7  An order suspending a license with a stay of the suspension may not
   84-8  be served on the licensing authority unless the stay is revoked as
   84-9  provided by this chapter.
  84-10        (c)  A final order suspending license rendered by a court or
  84-11  the Title IV-D agency shall be forwarded to the appropriate
  84-12  licensing authority.
  84-13        (d)  If the court or Title IV-D agency renders an order
  84-14  suspending license, the obligor may also be ordered not to engage
  84-15  in the licensed activity.
  84-16        (e)  If the court or Title IV-D agency finds that the
  84-17  petition for suspension should be denied, the petition shall be
  84-18  dismissed without prejudice, and an order suspending license may
  84-19  not be rendered.
  84-20        Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency
  84-21  shall consider the allegations of the petition for suspension to be
  84-22  admitted and shall render an order suspending license if the
  84-23  obligor fails to:
  84-24              (1)  respond to a notice issued under Section 232.006;
  84-25              (2)  request a hearing; or
  84-26              (3)  appear at a hearing.
  84-27        Sec. 232.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An
   85-1  order issued by a Title IV-D agency under this chapter is a final
   85-2  agency decision and is subject to review under the substantial
   85-3  evidence rule as provided by Chapter 2001, Government Code.
   85-4        Sec. 232.011.  ACTION BY LICENSING AUTHORITY.  (a)  On
   85-5  receipt of a final order suspending license, the licensing
   85-6  authority shall immediately determine if the authority has issued a
   85-7  license to the obligor named on the order and, if a license has
   85-8  been issued:
   85-9              (1)  record the suspension of the license in the
  85-10  licensing authority's records;
  85-11              (2)  report the suspension as appropriate; and
  85-12              (3)  demand surrender of the suspended license if
  85-13  required by law for other cases in which a license is suspended.
  85-14        (b)  A licensing authority shall implement the terms of a
  85-15  final order suspending license without additional review or
  85-16  hearing.  The authority may provide notice as appropriate to the
  85-17  license holder or to others concerned with the license.
  85-18        (c)  A licensing authority may not modify, remand, reverse,
  85-19  vacate, or stay an order suspending license issued under this
  85-20  chapter and may not review, vacate, or reconsider the terms of a
  85-21  final order suspending license.
  85-22        (d)  An obligor who is the subject of a final order
  85-23  suspending license is not entitled to a refund for any fee or
  85-24  deposit paid to the licensing authority.
  85-25        (e)  An obligor who continues to engage in the business,
  85-26  occupation, profession, or other licensed activity after the
  85-27  implementation of the order suspending license by the licensing
   86-1  authority is liable for the same civil and criminal penalties
   86-2  provided for engaging in the licensed activity without a license or
   86-3  while a license is suspended that apply to any other license holder
   86-4  of that licensing authority.
   86-5        (f)  A licensing authority is exempt from liability to a
   86-6  license holder for any act authorized under this chapter performed
   86-7  by the authority.
   86-8        (g)  Except as provided by this chapter, an order suspending
   86-9  license or dismissing a petition for the suspension of a license
  86-10  does not affect the power of a licensing authority to grant, deny,
  86-11  suspend, revoke, terminate, or renew a license.
  86-12        (h)  The denial or suspension of a driver's license under
  86-13  this chapter is governed by this chapter and not by the general
  86-14  licensing provisions of Chapter 173, Acts of the 47th Legislature,
  86-15  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
  86-16  Statutes).
  86-17        Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee,
  86-18  support enforcement agency, court, or Title IV-D agency may file a
  86-19  motion to revoke the stay of an order suspending license if the
  86-20  obligor does not comply with the terms of a reasonable repayment
  86-21  plan entered into by the obligor.
  86-22        (b)  Notice to the obligor of a motion to revoke stay under
  86-23  this section may be given by personal service or by mail to the
  86-24  address provided by the obligor, if any, in the order suspending
  86-25  license.  The notice must include a notice of hearing.  The notice
  86-26  must be provided to the obligor not less than 10 days before the
  86-27  date of the hearing.
   87-1        (c)  A motion to revoke stay must allege the manner in which
   87-2  the obligor failed to comply with the repayment plan.
   87-3        (d)  If the court or Title IV-D agency finds that the obligor
   87-4  is not in compliance with the terms of the repayment plan, the
   87-5  court or agency shall revoke the stay of the order suspending
   87-6  license and render a final order suspending license.
   87-7        Sec. 232.013.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
   87-8  (a)  The court or Title IV-D agency may render an order vacating or
   87-9  staying an order suspending license if the obligor has paid all
  87-10  delinquent child support or has established a satisfactory payment
  87-11  record.
  87-12        (b)  The court or Title IV-D agency shall promptly deliver an
  87-13  order vacating or staying an order suspending license to the
  87-14  appropriate licensing authority.
  87-15        (c)  On receipt of an order vacating or staying an order
  87-16  suspending license, the licensing authority shall promptly issue
  87-17  the affected license to the obligor if the obligor is otherwise
  87-18  qualified for the license.
  87-19        (d)  An order rendered under this section does not affect the
  87-20  right of the child support agency or obligee to any other remedy
  87-21  provided by law, including the right to seek relief under this
  87-22  chapter.  An order rendered under this section does not affect the
  87-23  power of a licensing authority to grant, deny, suspend, revoke,
  87-24  terminate, or renew a license as otherwise provided by law.
  87-25        Sec. 232.014.  FEE BY LICENSING AUTHORITY.  A licensing
  87-26  authority may charge a fee to an obligor who is the subject of an
  87-27  order suspending license in an amount sufficient to recover the
   88-1  administrative costs incurred by the authority under this chapter.
   88-2        Sec. 232.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
   88-3  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
   88-4  each licensing authority the name, address, social security number,
   88-5  license renewal date, and other identifying information for each
   88-6  individual who holds, applies for, or renews a license issued by
   88-7  the authority.
   88-8        (b)  A licensing authority shall provide the requested
   88-9  information in the manner agreed to by the Title IV-D agency and
  88-10  the licensing authority.
  88-11        (c)  The Title IV-D agency may enter into a cooperative
  88-12  agreement with a licensing authority to administer this chapter in
  88-13  a cost-effective manner.
  88-14        (d)  The Title IV-D agency may adopt a reasonable
  88-15  implementation schedule for the requirements of this section.
  88-16        (e)  The Title IV-D agency, the comptroller, and the Texas
  88-17  Alcoholic Beverage Commission shall by rule specify additional
  88-18  prerequisites for the suspension of licenses relating to state
  88-19  taxes collected under Title 2, Tax Code.  The joint rules must be
  88-20  adopted not later than March 1, 1996.
  88-21        Sec. 232.016.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
  88-22  agency by rule shall prescribe forms and procedures for the
  88-23  implementation of this chapter.
  88-24        SECTION 86.  Sections 261.001(1), (4), and (6), Family Code,
  88-25  as added by House Bill 655, Acts of the 74th Legislature, Regular
  88-26  Session, 1995, are amended to read as follows:
  88-27              (1)  "Abuse" includes the following acts or omissions
   89-1  by a person:
   89-2                    (A)  mental or emotional injury to a child that
   89-3  results in an observable and material impairment in the child's
   89-4  growth, development, or psychological functioning;
   89-5                    (B)  causing or permitting the child to be in a
   89-6  situation in which the child sustains a mental or emotional injury
   89-7  that results in an observable and material impairment in the
   89-8  child's growth, development, or psychological functioning;
   89-9                    (C)  physical injury that results in substantial
  89-10  harm to the child, or the genuine threat of substantial harm from
  89-11  physical injury to the child, including an injury that is at
  89-12  variance with the history or explanation given and excluding an
  89-13  accident or reasonable discipline by a parent, guardian, or
  89-14  managing or possessory conservator that does not expose the child
  89-15  to a substantial risk of harm;
  89-16                    (D)  failure to make a reasonable effort to
  89-17  prevent an action by another person that results in physical injury
  89-18  that results in substantial harm to the child;
  89-19                    (E)  sexual conduct harmful to a child's mental,
  89-20  emotional, or physical welfare <offenses under the Penal Code
  89-21  inflicted on, shown to, or intentionally or recklessly practiced in
  89-22  the presence of a child, including:>
  89-23                          <(i)  sexual conduct as defined by Section
  89-24  43.01, Penal Code;>
  89-25                          <(ii)  sexual assault as provided by
  89-26  Section 22.011, Penal Code; or>
  89-27                          <(iii)  prohibited sexual conduct as
   90-1  provided by Section 25.02, Penal Code>;
   90-2                    (F)  failure to make a reasonable effort to
   90-3  prevent sexual conduct harmful to a child <or sexual assault as
   90-4  defined or provided by Sections 43.01 and 22.011, Penal Code, or
   90-5  prohibited sexual conduct as provided by Section 25.02, Penal Code,
   90-6  from being inflicted on or shown to a child by another person or
   90-7  being intentionally or recklessly practiced in the presence of a
   90-8  child by another person>;
   90-9                    (G)  compelling or encouraging the child to
  90-10  engage in sexual conduct as defined by Section 43.01, Penal Code;
  90-11  or
  90-12                    (H)  causing, permitting, encouraging, engaging
  90-13  in, or allowing the photographing, filming, or depicting of the
  90-14  child if the person knew or should have known that the resulting
  90-15  photograph, film, or depiction of the child is obscene as defined
  90-16  by Section 43.21, Penal Code, or pornographic.
  90-17              (4)  "Neglect" includes:
  90-18                    (A)  the leaving of a child in a situation where
  90-19  the child would be exposed to a substantial risk of physical or
  90-20  mental harm, without arranging for necessary care for the child,
  90-21  and the demonstration of an intent not to return by a parent,
  90-22  guardian, or managing or possessory conservator of the child;
  90-23                    (B)  the following acts or omissions by a person:
  90-24                          (i)  placing a child in or failing to
  90-25  remove a child from a situation that a reasonable person would
  90-26  realize requires judgment or actions beyond the child's level of
  90-27  maturity, physical condition, or mental abilities and that results
   91-1  in bodily injury or a substantial risk of immediate harm to the
   91-2  child;
   91-3                          (ii)  failing to seek, obtain, or follow
   91-4  through with medical care for a child, with the failure resulting
   91-5  in or presenting a substantial risk of death, disfigurement, or
   91-6  bodily injury or with the failure resulting in an observable and
   91-7  material impairment to the growth, development, or functioning of
   91-8  the child; <or>
   91-9                          (iii)  the failure to provide a child with
  91-10  food, clothing, or shelter necessary to sustain the life or health
  91-11  of the child, excluding failure caused primarily by financial
  91-12  inability unless relief services had been offered and refused; or
  91-13                          (iv) placing a child in or failing to
  91-14  remove the child from a situation in which the child would be
  91-15  exposed to a substantial risk of sexual conduct harmful to the
  91-16  child; or
  91-17                    (C)  the failure by the person responsible for a
  91-18  child's care, custody, or welfare to permit the child to return to
  91-19  the child's home without arranging for the necessary care for the
  91-20  child after the child has been absent from the home for any reason,
  91-21  including having been in residential placement or having run away.
  91-22              (6)  "Report" means a report that <of> alleged or
  91-23  suspected abuse or neglect of a child has occurred or may occur.
  91-24        SECTION 87.  Section 261.101, Family Code, as added by House
  91-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  91-26  amended by amending Subsection (b) and adding Subsections (c) and
  91-27  (d) to read as follows:
   92-1        (b)  If a professional has cause to believe that a child has
   92-2  been or may be abused or neglected, the professional shall make a
   92-3  report not later than the 48th hour after the hour the professional
   92-4  first suspects that the child has been or may be abused or
   92-5  neglected.  A professional may not delegate to or rely on another
   92-6  person to make the report.  In this subsection, "professional"
   92-7  means an individual who is licensed or certified by the state or
   92-8  who is an employee of a facility licensed, certified, or operated
   92-9  by the state and who, in the normal course of official duties or
  92-10  duties for which a license or certification is required, has direct
  92-11  contact with children.  The term includes teachers, nurses,
  92-12  doctors, and day-care employees.
  92-13        (c)  The requirement to report under this section applies
  92-14  without exception to an individual whose personal communications
  92-15  may otherwise be privileged, including an attorney, a member of the
  92-16  clergy, a medical practitioner, a social worker, and a mental
  92-17  health professional.
  92-18        (d)  The identity of an individual making a report under this
  92-19  chapter is confidential and may be disclosed only on the order of a
  92-20  court or to a law enforcement officer for the purposes of
  92-21  conducting a criminal investigation of the report.
  92-22        SECTION 88.  Section 261.102, Family Code, as added by House
  92-23  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  92-24  amended to read as follows:
  92-25        Sec. 261.102.  MATTERS TO BE REPORTED.  A report should
  92-26  reflect the reporter's belief that a child<:>
  92-27              <(1)>  has been or may be abused or neglected or has
   93-1  died of abuse or neglect<;>
   93-2              <(2)  has violated the compulsory school attendance
   93-3  laws on three or more occasions; or>
   93-4              <(3)  has, on three or more occasions, been voluntarily
   93-5  absent from home without the consent of the child's parent or
   93-6  guardian for a substantial length of time or without the intent to
   93-7  return>.
   93-8        SECTION 89.  Section 261.103, Family Code, as added by House
   93-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  93-10  amended to read as follows:
  93-11        Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  A report
  93-12  shall be made to:
  93-13              (1)  any local or state law enforcement agency;
  93-14              (2)  the department if the alleged or suspected abuse
  93-15  involves a person responsible for the care, custody, or welfare of
  93-16  the child;
  93-17              (3)  the state agency that operates, licenses,
  93-18  certifies, or registers the facility in which the alleged abuse or
  93-19  neglect occurred; or
  93-20              (4)  the agency designated by the court to be
  93-21  responsible for the protection of children.
  93-22        SECTION 90.  Section 261.104, Family Code, as added by House
  93-23  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  93-24  amended to read as follows:
  93-25        Sec. 261.104.  CONTENTS OF REPORT.  The person making a
  93-26  report shall identify, if known:
  93-27              (1)  the name and address of the child;
   94-1              (2)  the name and address of the person responsible for
   94-2  the care, custody, or welfare of the child; and
   94-3              (3)  any other pertinent information concerning the
   94-4  alleged or suspected abuse or neglect.
   94-5        SECTION 91.  Section 261.106, Family Code, as added by House
   94-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   94-7  amended to read as follows:
   94-8        Sec. 261.106.  IMMUNITIES.  (a)  A <Except for a person who
   94-9  reports the person's own conduct or who acts in bad faith or with
  94-10  malicious purpose, a> person acting in good faith who reports
  94-11  <reporting> or assists <assisting> in the investigation of a report
  94-12  of alleged child abuse or neglect or who testifies or otherwise
  94-13  participates in a judicial proceeding arising from a report,
  94-14  petition, or investigation of alleged child abuse or neglect <under
  94-15  this chapter> is immune from civil or criminal liability that might
  94-16  otherwise be incurred or imposed.
  94-17        (b)  Immunity from civil and criminal liability extends to an
  94-18  authorized volunteer of the department or a law enforcement officer
  94-19  who participates at the request of the department in an
  94-20  investigation of alleged or suspected abuse or neglect or in an
  94-21  action arising from an investigation if the person was acting in
  94-22  good faith and in the scope of the person's responsibilities
  94-23  <participation in a judicial proceeding resulting from the report>.
  94-24        (c)  A person who reports the person's own abuse or neglect
  94-25  of a child or who acts in bad faith or with malicious purpose in
  94-26  reporting alleged child abuse or neglect is not immune from civil
  94-27  or criminal liability.
   95-1        SECTION 92.  Section 261.107, Family Code, as added by House
   95-2  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   95-3  amended to read as follows:
   95-4        Sec. 261.107.  FALSE REPORT; PENALTY.  <(a)>  A person
   95-5  commits an offense if the person knowingly or intentionally makes a
   95-6  report as provided in this chapter that the person knows is false
   95-7  or lacks factual foundation.  An offense under this subsection is a
   95-8  Class B misdemeanor.
   95-9        <(b)  If, in connection with a pending suit affecting the
  95-10  parent-child relationship, a parent of a child makes a report
  95-11  alleging child abuse by the other parent that the parent making the
  95-12  report knows is false or lacks factual foundation, evidence of the
  95-13  report is admissible in a suit between the parents involving terms
  95-14  of conservatorship.>
  95-15        SECTION 93.  Section 261.201, Family Code, as added by House
  95-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  95-17  amended to read as follows:
  95-18        Sec. 261.201.  CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
  95-19  (a)  The following information is confidential, is not subject to
  95-20  public release under Chapter 552, Government Code, and may be
  95-21  disclosed only for purposes consistent with this code and
  95-22  applicable federal or state law or under rules adopted by an
  95-23  investigating agency:
  95-24              (1)  a report of alleged or suspected abuse or neglect
  95-25  made under this chapter and the identity of the person making the
  95-26  report; and
  95-27              (2)  except <Except> as otherwise provided in this
   96-1  section, the files, <Subsections (b) and (c), the> reports,
   96-2  records, communications, and working papers used or developed in an
   96-3  investigation under this chapter or in providing services as a
   96-4  result of an investigation <are confidential and may be disclosed
   96-5  only for purposes consistent with the purposes of this code under
   96-6  rules adopted by the investigating agency>.
   96-7        (b)  A court may order the disclosure of information that is
   96-8  confidential under this section if:
   96-9              (1)  a motion has been filed with the court requesting
  96-10  the release of the information;
  96-11              (2)  a notice of hearing has been served on the
  96-12  investigating agency and all other interested parties; and
  96-13              (3)  after hearing and an in camera review of the
  96-14  requested information, the court determines that the disclosure of
  96-15  the requested information is:
  96-16                    (A)  essential to the administration of justice;
  96-17  and
  96-18                    (B)  not likely to endanger the life or safety
  96-19  of:
  96-20                          (i)  a child who is the subject of the
  96-21  report of alleged or suspected abuse or neglect;
  96-22                          (ii)  a person who makes a report of
  96-23  alleged or suspected abuse or neglect; or
  96-24                          (iii)  any other person who participates in
  96-25  an investigation of reported abuse or neglect.
  96-26        (c)  The adoptive parents of a child who was the subject of
  96-27  an investigation and an adult who was the subject of an
   97-1  investigation as a child are entitled to examine and make copies of
   97-2  any report, record, working paper, or other information in the
   97-3  possession, custody, or control of the state that pertains to the
   97-4  history of the child.  The department shall <may> edit the
   97-5  documents to protect the identity of the biological parents and any
   97-6  other person whose identity is confidential.
   97-7        (d) <(c)>  Before placing a child who was the subject of an
   97-8  investigation, the department shall notify the prospective adoptive
   97-9  parents of their right to examine any report, record, working
  97-10  paper, or other information in the possession, custody, or control
  97-11  of the state that pertains to the history of the child.
  97-12        (e) <(d)>  The department shall provide prospective adoptive
  97-13  parents an opportunity to examine information under this section as
  97-14  early as practicable before placing a child.
  97-15        (f)  Notwithstanding Subsection (b), the department, on
  97-16  request and subject to department rule, shall provide to the
  97-17  parent, managing conservator, or other legal representative of a
  97-18  child who is the subject of reported abuse or neglect information
  97-19  concerning the reported abuse or neglect that would otherwise be
  97-20  confidential under this section if the department has edited the
  97-21  information to protect the confidentiality of the identity of the
  97-22  person who made the report and any other person whose life or
  97-23  safety may be endangered by the disclosure.
  97-24        SECTION 94.  Section 261.301(a), Family Code, as added by
  97-25  House Bill 655, Acts of the 74th Legislature, Regular Session,
  97-26  1995, is amended to read as follows:
  97-27        (a)  The department or designated agency shall make a prompt
   98-1  and thorough investigation to substantiate the accuracy of a report
   98-2  of child abuse or neglect allegedly committed by a person
   98-3  responsible for a child's care, custody, or welfare.
   98-4        SECTION 95.  Section 261.302, Family Code, as added by House
   98-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   98-6  amended by adding Subsection (d) to read as follows:
   98-7        (d)  If, before an investigation is completed, the
   98-8  investigating agency believes that the immediate removal of a child
   98-9  from the child's home is necessary to protect the child from
  98-10  further abuse or neglect, the investigating agency shall file a
  98-11  petition or take other action under Chapter 262 to provide for the
  98-12  temporary care and protection of the child.
  98-13        SECTION 96.  Section 261.303, Family Code, as added by House
  98-14  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  98-15  amended to read as follows:
  98-16        Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER
  98-17  <TO ASSIST INVESTIGATION>.  (a)  A person may not interfere with an
  98-18  investigation of a report of child abuse or neglect conducted by
  98-19  the department or designated agency.
  98-20        (b)  If admission to the home, school, or any place where the
  98-21  child may be cannot be obtained, then for good cause shown the
  98-22  court having family law jurisdiction shall order the parent, the
  98-23  person responsible for the care of the children, or the person in
  98-24  charge of any place where the child may be to allow entrance for
  98-25  the interview, examination, and investigation.
  98-26        (c) <(b)>  If a parent or person responsible for the child's
  98-27  care does not consent to a medical, psychological, or psychiatric
   99-1  examination of the child that is requested by the department or
   99-2  designated agency, the court having family law jurisdiction shall,
   99-3  for good cause shown, order the examination to be made at the times
   99-4  and places designated by the court.
   99-5        SECTION 97.  Section 261.308, Family Code, as added by House
   99-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   99-7  amended by adding Subsection (c) to read as follows:
   99-8        (c)  On receipt of the report and recommendations, the court
   99-9  may direct the department or designated agency to file a petition
  99-10  requesting appropriate relief as provided in this title.
  99-11        SECTION 98.  Sections 261.401(b) and (c), Family Code, as
  99-12  added by House Bill 655, Acts of the 74th Legislature, Regular
  99-13  Session, 1995, are amended to read as follows:
  99-14        (b)  <A state agency shall notify the department of each
  99-15  report of abuse or neglect it receives under this subchapter
  99-16  relating to abuse or neglect in a facility operated by the agency
  99-17  according to rules adopted by the department.>
  99-18        <(c)>  A state agency shall adopt rules relating to the
  99-19  investigation and resolution of reports received as provided by
  99-20  <under> this subchapter.  The Health and Human Services Commission
  99-21  shall review and approve the rules to ensure that all agencies
  99-22  implement appropriate standards for the conduct of investigations
  99-23  and that uniformity exists among agencies in the investigation and
  99-24  resolution of reports.
  99-25        SECTION 99.  Sections 261.402(b), (c), and (e), Family Code,
  99-26  as added by House Bill 655, Acts of the 74th Legislature, Regular
  99-27  Session, 1995, are amended to read as follows:
  100-1        (b)  A state agency shall immediately notify the appropriate
  100-2  state or local law enforcement agency of any report the agency
  100-3  receives, other than a report from a law enforcement agency, that
  100-4  concerns the suspected abuse or neglect of a child or the death of
  100-5  a child from abuse or neglect.  <If the investigation relates to a
  100-6  report of abuse or neglect in a facility operated by a state
  100-7  agency, the agency responsible for the investigation shall submit a
  100-8  copy of the investigative report to the department.>
  100-9        <(c)>  If the state agency finds evidence indicating that a
 100-10  child may have <has> been <or may be> abused or neglected, the
 100-11  agency shall <submit a copy of the> report the evidence <of its
 100-12  investigation> to the appropriate law enforcement agency.
 100-13        (e)  A state agency <The department> shall compile, maintain,
 100-14  and make available statistics on the incidence of child abuse and
 100-15  neglect in a facility operated by the <a> state agency.
 100-16        SECTION 100.  Chapter 261, Family Code, as added by House
 100-17  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 100-18  amended by adding Sections 261.404, 261.405, and 261.406 to read as
 100-19  follows:
 100-20        Sec. 261.404.  INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
 100-21  OF MENTAL HEALTH AND MENTAL RETARDATION.  The department shall
 100-22  investigate a report of abuse or neglect in a facility operated by,
 100-23  regulated by, or providing services under a contract with the Texas
 100-24  Department of Mental Health and Mental Retardation under rules
 100-25  developed jointly between the department and the Texas Department
 100-26  of Mental Health and Mental Retardation.
 100-27        Sec. 261.405.  INVESTIGATIONS IN COUNTY JUVENILE DETENTION
  101-1  FACILITIES.  A report of alleged abuse or neglect in a county
  101-2  juvenile detention facility shall be made to a local law
  101-3  enforcement agency for investigation.
  101-4        Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a) On receipt of
  101-5  a report of alleged or suspected abuse or neglect of a child in a
  101-6  public or private school under the jurisdiction of the Central
  101-7  Education Agency, the department shall perform an investigation as
  101-8  provided by this chapter.
  101-9        (b)  The department shall send a written report of the
 101-10  department's investigation to the Central Education Agency and the
 101-11  local school board or local governing body for appropriate action.
 101-12  The department shall provide a copy of the report and investigation
 101-13  findings to the parent, managing conservator, or legal guardian of
 101-14  a child who is the subject of the report.
 101-15        SECTION 101.  Section 262.004, Family Code, as added by House
 101-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 101-17  amended to read as follows:
 101-18        Sec. 262.004.  ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
 101-19  CHILD.  A <An authorized representative of the Department of
 101-20  Protective and Regulatory Services, a> law enforcement officer<,>
 101-21  or a juvenile probation officer may take possession of a child
 101-22  without a court order on the voluntary delivery of the child by the
 101-23  parent, managing conservator, possessory conservator, guardian,
 101-24  caretaker, or custodian who is presently entitled to possession of
 101-25  the child.
 101-26        SECTION 102.  Section 262.005, Family Code, as added by House
 101-27  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  102-1  amended to read as follows:
  102-2        Sec. 262.005.  FILING PETITION AFTER ACCEPTING VOLUNTARY
  102-3  DELIVERY OF POSSESSION OF CHILD.  When possession of the child has
  102-4  been acquired through voluntary delivery of the child to a law
  102-5  enforcement officer or juvenile probation officer <governmental
  102-6  entity>, the law enforcement officer or juvenile probation officer
  102-7  <entity> taking the child into possession shall cause a suit to be
  102-8  filed not later than the 60th day after the date the child is taken
  102-9  into possession.
 102-10        SECTION 103.  Section 262.101, Family Code, as added by House
 102-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 102-12  amended to read as follows:
 102-13        Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
 102-14  CHILD.  A petition or affidavit filed by a governmental entity
 102-15  requesting permission to take possession of a child in an emergency
 102-16  shall be sworn to by a person with personal knowledge and shall
 102-17  state facts sufficient to satisfy a person of ordinary prudence and
 102-18  caution that:
 102-19              (1)  there is an immediate danger to the physical
 102-20  health or safety of the child or the child has been a victim of
 102-21  sexual abuse and that continuation in the home would be contrary to
 102-22  the child's welfare even if reasonable in-home services were
 102-23  provided; and
 102-24              (2)  there is no time, consistent with the physical
 102-25  health or safety of the child, for an adversary hearing or to make
 102-26  reasonable efforts to prevent or eliminate the need for the removal
 102-27  of the child.
  103-1        SECTION 104.  Section 262.102, Family Code, as added by House
  103-2  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  103-3  amended to read as follows:
  103-4        Sec. 262.102.  EMERGENCY ORDER AUTHORIZING POSSESSION OF
  103-5  CHILD.  (a)  Before a court may issue a temporary restraining order
  103-6  or attachment of a child in a suit requesting an emergency order
  103-7  brought by a governmental entity, the court must find <be satisfied
  103-8  from a sworn petition or affidavit> that:
  103-9              (1)  there is an immediate danger to the physical
 103-10  health or safety of the child or the child has been a victim of
 103-11  sexual abuse and that continuation in the home would be contrary to
 103-12  the child's welfare even if reasonable in-home services were
 103-13  provided; and
 103-14              (2)  there is no time, consistent with the physical
 103-15  health or safety of the child and the nature of the emergency, to
 103-16  hold <for> an adversary hearing or to make reasonable efforts to
 103-17  prevent or eliminate the need for removal of the child.
 103-18        (b)  In determining whether there is an immediate danger to
 103-19  the physical health or safety of a child, the court may consider
 103-20  whether the child's household includes a person who has <possession
 103-21  of the child has>:
 103-22              (1)  abused or neglected another child in a manner that
 103-23  caused serious injury to or the death of the other child; or
 103-24              (2)  sexually abused another child.
 103-25        SECTION 105.  Section 262.107, Family Code, as added by House
 103-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 103-27  amended to read as follows:
  104-1        Sec. 262.107.  STANDARD FOR DECISION AT INITIAL HEARING AFTER
  104-2  TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.  (a)
  104-3  The court shall order the return of the child at the initial
  104-4  hearing regarding a child taken in possession without a court order
  104-5  by a governmental entity unless the court is satisfied that:
  104-6              (1)  there is a continuing danger to the physical
  104-7  health or safety of the child if the child is returned to the
  104-8  parent, managing conservator, possessory conservator, guardian,
  104-9  caretaker, or custodian who is presently entitled to possession of
 104-10  the child<;> or
 104-11              <(2)>  the evidence shows that the child has been the
 104-12  victim of sexual abuse on one or more occasions and that there is a
 104-13  substantial risk <reasonable likelihood> that the child will be the
 104-14  victim of sexual abuse in the future; and
 104-15              (2)  the nature of the emergency and the continuing
 104-16  danger to the welfare of the child make efforts to allow the child
 104-17  to remain with or return to the person entitled to possession of
 104-18  the child impossible or unreasonable.
 104-19        (b)  In determining whether there is a continuing danger to
 104-20  the physical health or safety of a child, the court may consider
 104-21  whether the household to which <person to whom> the child would be
 104-22  returned includes a person who has:
 104-23              (1)  abused or neglected another child in a manner that
 104-24  caused serious injury to or the death of the other child; or
 104-25              (2)  sexually abused another child.
 104-26        SECTION 106.  Subchapter B, Chapter 262, Family Code, as
 104-27  added by House Bill 655, Acts of the 74th Legislature, Regular
  105-1  Session, 1995, is amended by adding Section 262.111 to read as
  105-2  follows:
  105-3        Sec. 262.111.  FINDING THAT CHILD CANNOT REMAIN IN OR BE
  105-4  RETURNED TO HOME.  In the absence of a specific finding to the
  105-5  contrary, the issuance of a temporary restraining order or
  105-6  attachment pending a full adversary hearing or the issuance of an
  105-7  order after a full adversary hearing constitutes a finding by the
  105-8  court that for the child to remain in the home is contrary to the
  105-9  child's welfare or safety and that the emergency made efforts to
 105-10  prevent or eliminate the need for the removal of the child
 105-11  impossible or unreasonable.
 105-12        SECTION 107.  Section 262.201, Family Code, as added by House
 105-13  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 105-14  amended to read as follows:
 105-15        Sec. 262.201.  FULL ADVERSARY HEARING;  FINDINGS OF THE
 105-16  COURT.  (a)  Unless the child has already been returned to the
 105-17  parent, managing conservator, possessory conservator, guardian,
 105-18  caretaker, or custodian entitled to possession and the temporary
 105-19  order, if any, has been dissolved, a full adversary hearing shall
 105-20  be held not later than the 14th day after the date the child was
 105-21  taken into possession by the governmental entity.
 105-22        (b)  At the conclusion of the full adversary hearing, the
 105-23  court shall order the return of the child to the parent, managing
 105-24  conservator, possessory conservator, guardian, caretaker, or
 105-25  custodian entitled to possession unless the court finds sufficient
 105-26  evidence to satisfy a person of ordinary prudence and caution that:
 105-27              (1)  there was a danger to the physical health or
  106-1  safety of the child which was caused by an act or failure to act of
  106-2  the person entitled to possession and for the child to remain in
  106-3  the home is contrary to the welfare of the child; <and>
  106-4              (2)  the urgent need for protection required the
  106-5  immediate removal of the child and makes efforts to eliminate or
  106-6  prevent the child's removal impossible or unreasonable; and
  106-7              (3)  notwithstanding reasonable efforts to eliminate
  106-8  the need for the child's removal and enable the child to return
  106-9  home, there is a substantial risk <reasonable probability> of a
 106-10  continuing danger if the child is returned home.
 106-11        (c)  If the court finds sufficient evidence to satisfy a
 106-12  person of ordinary prudence and caution that there is a continuing
 106-13  danger to the physical health or safety of the child and for the
 106-14  child to remain in the home is contrary to the welfare of the
 106-15  child, the court shall issue an appropriate temporary order under
 106-16  Chapter 105.
 106-17        (d)  In determining whether there is a continuing danger to
 106-18  the physical health or safety of the child, the court may consider
 106-19  whether the household <person> to which <whom> the child would be
 106-20  returned includes a person who:
 106-21              (1)  has abused or neglected another child in a manner
 106-22  that caused serious injury to or the death of the other child; or
 106-23              (2)  has sexually abused another child.
 106-24        SECTION 108.  Section 263.001(a), Family Code, as added by
 106-25  House Bill 655, Acts of the 74th Legislature, Regular Session,
 106-26  1995, is amended by amending Subdivision (2) and adding
 106-27  Subdivisions (3) and (4) to read as follows:
  107-1              (2)  "Child's home" means the place of residence of at
  107-2  least one of the child's parents.
  107-3              (3)  "Household" means a unit composed of persons
  107-4  living together in the same dwelling, without regard to whether
  107-5  they are related to each other.
  107-6              (4)  "Substitute care" means the placement of a child
  107-7  who is in the conservatorship of the department or an authorized
  107-8  agency in care outside the child's home. The term includes foster
  107-9  care, institutional care, adoption, or placement with a relative of
 107-10  the child.
 107-11        SECTION 109.  Section 263.002, Family Code, as added by House
 107-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 107-13  amended to read as follows:
 107-14        Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT.  In a suit
 107-15  affecting the parent-child relationship in which the department or
 107-16  an authorized agency has been appointed by the court or designated
 107-17  in an affidavit of relinquishment of parental rights as the
 107-18  temporary or permanent managing conservator of a child, the court
 107-19  shall hold a hearing to review the conservatorship appointment and
 107-20  substitute <the department's or authorized agency's placement of
 107-21  the child in foster home care, group home care, or institutional>
 107-22  care.
 107-23        SECTION 110.  Section 263.003(c), Family Code, as added by
 107-24  House Bill 655, Acts of the 74th Legislature, Regular Session,
 107-25  1995, is amended to read as follows:
 107-26        (c)  The department shall request a review of substitute <the
 107-27  placement of the child in foster home care, group home care, or
  108-1  institutional> care, and its petition shall state that the purpose
  108-2  of the suit is to initiate periodic review of the necessity and
  108-3  propriety of the child's placement under this chapter.
  108-4        SECTION 111.  Section 263.202(b), Family Code, as added by
  108-5  House Bill 655, Acts of the 74th Legislature, Regular Session,
  108-6  1995, is amended to read as follows:
  108-7        (b)  A status hearing shall be limited to matters related to
  108-8  the contents and execution of the service plan filed with the
  108-9  court.  The court shall review the service plan that the department
 108-10  or other agency filed under this chapter for reasonableness,
 108-11  accuracy, and compliance with requirements of court orders and make
 108-12  findings as to whether:
 108-13              (1)  a plan that has the goal of returning the child to
 108-14  the child's parents adequately ensures that reasonable efforts are
 108-15  made to enable the child's parents to provide a safe environment
 108-16  for the child; and
 108-17              (2)  the child's parents have reviewed and understand
 108-18  the service plan and have been advised that unless the parents are
 108-19  willing and able to provide the child with a safe environment, even
 108-20  with the assistance of a service plan, within the reasonable period
 108-21  of time specified in the plan, the parents' parental and custodial
 108-22  duties and rights may be subject to restriction or to termination
 108-23  under this code or the child may not be returned to the parents.
 108-24        SECTION 112.  Section 263.303(b), Family Code, as added by
 108-25  House Bill 655, Acts of the 74th Legislature, Regular Session,
 108-26  1995, is amended to read as follows:
 108-27        (b)  The status report must:
  109-1              (1)  evaluate all relevant information concerning each
  109-2  of the guidelines under this chapter and the parties' compliance
  109-3  with the service plan; <and>
  109-4              (2)  recommend one of the following actions:
  109-5                    (A)  that the child be returned to the child's
  109-6  home and that the suit be dismissed;
  109-7                    (B)  that the child be returned to the child's
  109-8  home with the department or other agency retaining conservatorship;
  109-9                    (C)  that the child remain in foster care for a
 109-10  specified period and that the child's parents continue to work
 109-11  toward providing the child with a safe environment;
 109-12                    (D)  that the child remain in foster care for a
 109-13  specified period and that termination of parental rights be sought
 109-14  under this code;
 109-15                    (E)  that a child who has resided in foster care
 109-16  for at least 18 months be placed or remain in permanent or
 109-17  long-term foster care because of the child's special needs or
 109-18  circumstances; or
 109-19                    (F)  that other plans be made or other services
 109-20  provided in accordance with the child's special needs or
 109-21  circumstances; and
 109-22              (3)  with respect to a child 16 years of age or older,
 109-23  identify the services needed to assist the child in the transition
 109-24  to adult life.
 109-25        SECTION 113.  Section 263.304, Family Code, as added by House
 109-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 109-27  amended to read as follows:
  110-1        Sec. 263.304.  INITIAL REVIEW HEARING; TIME.  Not later than
  110-2  the 180th day after the date of the conclusion of the full
  110-3  adversary hearing under Chapter 262, the court shall hold a
  110-4  <review> hearing to review the status of, and permanency plan for,
  110-5  a child in substitute care in the court's jurisdiction, including
  110-6  the time for the completion of the plan and the projected date for
  110-7  the achievement of the child's permanency plan.
  110-8        SECTION 114.  Section 263.306, Family Code, as added by House
  110-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 110-10  amended to read as follows:
 110-11        Sec. 263.306.  REVIEW HEARINGS:  PROCEDURE.  At each review
 110-12  hearing the court shall determine:
 110-13              (1)  the identity of <identify> all persons or parties
 110-14  present at the hearing or those given notice but failing to appear;
 110-15              (2)  <consider all relevant information pertaining to
 110-16  the factors under this chapter to determine> whether the child's
 110-17  parents are willing and able to provide the child with a safe
 110-18  environment;
 110-19              (3)  <determine> the extent to which the child's
 110-20  parents have taken the necessary actions or responsibilities toward
 110-21  achieving the plan goal during the period of the service plan and
 110-22  the extent to which the department or other authorized agency has
 110-23  provided assistance to the parents as provided in the service plan;
 110-24              (4)  whether the child continues to need substitute
 110-25  care and whether the child's current placement is appropriate for
 110-26  meeting the child's needs;
 110-27              (5)  a date for achieving the child's permanency plan;
  111-1              (6)  if the child has been in substitute care for not
  111-2  less than 18 months, the future status of the child and the
  111-3  appropriateness of the date by which the child may return home and
  111-4  whether to render further appropriate orders;
  111-5              (7)  if the child is in substitute care outside the
  111-6  state, whether the out-of-state placement continues to be
  111-7  appropriate and in the best interest of the child;
  111-8              (8)  <determine> whether the child's parents are
  111-9  willing and able to provide the child with a safe environment
 111-10  without the assistance of a service plan and, if so, return the
 111-11  child to the parents;
 111-12              (9) <(5)  determine> whether the child's parents are
 111-13  willing and able to provide the child with a safe environment with
 111-14  the assistance of a service plan and, if so, return the child or
 111-15  continue the placement of the child in the child's home under the
 111-16  department's or other agency's supervision;
 111-17              (10) <(6)  determine> whether the child's parents are
 111-18  presently unwilling or unable to provide the child with a safe
 111-19  environment, even with the assistance of a service plan, and, if
 111-20  so, order the child to remain under the department's or other
 111-21  agency's managing conservatorship for a period of time specified by
 111-22  the court;
 111-23              (11) <(7)  determine> whether a long-term substitute
 111-24  <foster> care placement is in the child's best interest because of
 111-25  the child's special needs or circumstances and, if so, begin a
 111-26  long-term substitute <foster> care placement and if the child is
 111-27  placed in institutional care, whether efforts have been made to
  112-1  ensure placement of the child in the least restrictive environment
  112-2  consistent with the best interest and special needs of the child;
  112-3              (12) <(8)  determine> whether a child is 16 years of
  112-4  age or older and, if so, order the services that are needed to
  112-5  assist the child in making the transition from substitute <foster>
  112-6  care to independent living if the services are available in the
  112-7  community;
  112-8              (13) <(9)  determine> whether the child has been placed
  112-9  with the department under a voluntary placement agreement and, if
 112-10  so, order that the department will institute further proceedings or
 112-11  return the child to the parents;
 112-12              (14) <(10)  determine> whether the department or
 112-13  authorized agency has custody, care, and control of the child under
 112-14  an affidavit of relinquishment of parental rights naming the
 112-15  department managing conservator and, if so, direct the department
 112-16  or authorized agency to institute further proceedings; and
 112-17              (15) <(11)  determine> whether parental rights to the
 112-18  child have been terminated and, if so, determine whether the
 112-19  department or authorized agency will attempt to place the child for
 112-20  adoption.
 112-21        SECTION 115.  Section 263.308, Family Code, as added by House
 112-22  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 112-23  amended to read as follows:
 112-24        Sec. 263.308.  PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
 112-25  <(a)>  In a case in which the court determines that an order for
 112-26  the child to remain in the managing conservatorship of the
 112-27  department or other agency is appropriate, the court shall make a
  113-1  finding that the child's parents understand that unless the parents
  113-2  are willing and able to provide the child with a safe environment,
  113-3  even with the assistance of a service plan, the parents' parental
  113-4  and custodial duties and rights may be subject to restriction or to
  113-5  termination under this code.
  113-6        <(b)  In the case of a child residing in foster care for at
  113-7  least 18 months, the court shall determine the appropriateness of
  113-8  the target date by which the child may return home.  The court may
  113-9  also enter further orders that are appropriate.>
 113-10        SECTION 116.  Section 264.009, Family Code, as added by House
 113-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 113-12  amended to read as follows:
 113-13        Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
 113-14  COURT>.  (a) Except as provided by Subsection (b), in <In> any
 113-15  action <suit brought> under this title <in which the department
 113-16  requests to be named conservator of a child>, the department shall
 113-17  be represented in <the trial> court by the:
 113-18              (1)  prosecuting attorney who represents the state in
 113-19  criminal cases in the district or county court of the county where
 113-20  the action <suit> is brought <filed or transferred>; or
 113-21              (2)  attorney general.
 113-22        (b)  In a county with a population of 2,800,000 or more, in
 113-23  an action under this title, the department shall be represented in
 113-24  court by the:
 113-25              (1)  attorney who represents the state in civil cases
 113-26  in the district or county court of the county where the action is
 113-27  brought;  or
  114-1              (2)  attorney general.
  114-2        SECTION 117.  Subchapter B, Chapter 264, Family Code, as
  114-3  added by House Bill 655, Acts of the 74th Legislature, Regular
  114-4  Session, 1995, is amended by adding Section 264.109 to read as
  114-5  follows:
  114-6        Sec. 264.109.  ASSIGNMENT OF SUPPORT RIGHTS IN FOSTER CARE
  114-7  CASES.  (a)  The placement of a child in substitute care by the
  114-8  department constitutes an assignment to the state of any support
  114-9  rights attributable to the child as of the date the child is placed
 114-10  in such care.
 114-11        (b)  If a child placed by the department in substitute care
 114-12  is entitled under federal law to Title IV-D child support
 114-13  enforcement services without the requirement of an application for
 114-14  services, the department shall immediately refer the case to the
 114-15  Title IV-D agency.  If an application for Title IV-D services is
 114-16  required and the department has been named managing conservator of
 114-17  the child, then an authorized representative of the department
 114-18  shall be the designated individual entitled to apply for services
 114-19  on behalf of the child and shall promptly apply for such services.
 114-20        (c)  The department and the Title IV-D agency shall execute a
 114-21  memorandum of understanding for the implementation of the
 114-22  provisions of this section and for the allocation between the
 114-23  department and the agency, consistent with federal laws and
 114-24  regulations, of any child support funds recovered by the Title IV-D
 114-25  agency in substitute care cases.  All child support funds recovered
 114-26  under this section and retained by the department or the Title IV-D
 114-27  agency and any federal matching or incentive funds resulting from
  115-1  child support collection efforts in substitute care cases shall be
  115-2  in excess of amounts otherwise appropriated to either the
  115-3  department or the Title IV-D agency by the legislature.
  115-4        SECTION 118.  Section 264.602(a), Family Code, as added by
  115-5  House Bill 655, Acts of the 74th Legislature, Regular Session,
  115-6  1995, is amended to read as follows:
  115-7        (a)  The statewide organization with which the attorney
  115-8  general contracts under Section 264.603 shall contract for services
  115-9  with <each> eligible volunteer advocate programs <program> to
 115-10  expand the existing services of the programs <program>.
 115-11        SECTION 119.  Section 264.603, Family Code, as added by House
 115-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 115-13  amended to read as follows:
 115-14        Sec. 264.603.  Administrative Contracts.  (a)  The attorney
 115-15  general shall contract with one statewide organization of
 115-16  individuals or groups of individuals who have expertise in the
 115-17  dynamics of child abuse and neglect and experience in operating
 115-18  volunteer advocate programs to<:>
 115-19              <(1)>  provide training, technical assistance, and
 115-20  evaluation services for the benefit of local volunteer advocate
 115-21  programs<; and>
 115-22              <(2)  manage the attorney general's contracts under
 115-23  Section 264.602>.
 115-24        (b)  The contract under this section shall provide that not
 115-25  more than 12 percent of the annual legislative appropriation to
 115-26  implement this subchapter may be spent for administrative purposes
 115-27  by the statewide organization with which the attorney general
  116-1  contracts under this section.
  116-2        SECTION 120.  Section 264.604(b), Family Code, as added by
  116-3  House Bill 655, Acts of the 74th Legislature, Regular Session,
  116-4  1995, is amended to read as follows:
  116-5        (b)  The statewide organization with which the attorney
  116-6  general contracts under Section 264.603 may not contract with a
  116-7  person that is not eligible under this section.  However, the
  116-8  statewide organization <attorney general> may waive the requirement
  116-9  in Subsection (a)(3) for an established program in a rural area or
 116-10  under other special circumstances.
 116-11        SECTION 121.  Section 264.606, Family Code, as added by House
 116-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 116-13  amended to read as follows:
 116-14        Sec. 264.606.  Criteria for Award of Contracts.  The
 116-15  statewide organization with which the attorney general contracts
 116-16  under Section 264.603 shall consider the following in awarding a
 116-17  contract under Section 264.602:
 116-18              (1)  the volunteer advocate program's eligibility for
 116-19  and use of funds from local, state, or federal governmental
 116-20  sources, philanthropic organizations, and other sources;
 116-21              (2)  community support for the volunteer advocate
 116-22  program as indicated by financial contributions from civic
 116-23  organizations, individuals, and other community resources;
 116-24              (3)  whether the volunteer advocate program provides
 116-25  services that encourage the permanent placement of children through
 116-26  reunification with their families or timely placement with an
 116-27  adoptive family; and
  117-1              (4)  whether the volunteer advocate program has the
  117-2  endorsement and cooperation of the local juvenile court system.
  117-3        SECTION 122.  Section 264.607(b), Family Code, as added by
  117-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
  117-5  1995, is amended to read as follows:
  117-6        (b)  The statewide organization with which the attorney
  117-7  general contracts under Section 264.603  may require that a
  117-8  contract under Section 264.602 require the volunteer advocate
  117-9  program to use forms provided by the attorney general.
 117-10        SECTION 123.  Section 192.003, Health and Safety Code, is
 117-11  amended by amending Subsection (d), as added by Section 1, Chapter
 117-12  519, Acts of the 73rd Legislature, Regular Session, 1993, and
 117-13  Subsections (e) and (f) to read as follows:
 117-14        (e)  If the mother of the child is not married to the father
 117-15  of the child, a person listed by Subsection (a) or (b) who is
 117-16  responsible for filing the birth certificate shall <(d)  On the
 117-17  birth of a child, the hospital, physician, midwife, or person
 117-18  acting as a midwife in attendance or their designee at a birth
 117-19  may>:
 117-20              (1)  provide an opportunity for the child's mother and
 117-21  biological father to sign the birth certificate or a form
 117-22  prescribed by the department in which the biological father
 117-23  consents to be named as the child's father on the child's birth
 117-24  certificate; and
 117-25              (2)  provide written information about establishing
 117-26  paternity, including an explanation of the rights and
 117-27  responsibilities of acknowledging paternity and information about
  118-1  the availability of<, including an application for> child support
  118-2  services, <furnished by the attorney general,> to the child's
  118-3  mother and the father, if present <regarding the benefits of having
  118-4  her child's paternity established and of the availability of
  118-5  paternity establishment services>.
  118-6        (f) <(e)>  The local registrar shall transmit signed consent
  118-7  forms to the state registrar.
  118-8        (g) <(f)>  The state registrar shall transmit signed consent
  118-9  forms to the attorney general who may use such forms for any
 118-10  purpose directly connected with the provision of child support
 118-11  services pursuant to Chapter 76, Human Resources Code.
 118-12        SECTION 124.  Section 8, Article 1.05, Title 79, Revised
 118-13  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
 118-14  amended to read as follows:
 118-15        Sec. 8.  This article does not apply to interest that accrues
 118-16  on <delinquent> child support under Section 157.265 <14.34>, Family
 118-17  Code.
 118-18        SECTION 125.  Sections 105.006(f) and 264.612(c), Family
 118-19  Code, as added by House Bill 655, Acts of the 74th Legislature,
 118-20  Regular Session, 1995, are repealed.
 118-21        SECTION 126.  This Act takes effect September 1, 1995, and
 118-22  applies to a pending suit affecting the parent-child relationship
 118-23  without regard to whether the suit was commenced before, on, or
 118-24  after the effective date of this Act.
 118-25        SECTION 127.  The importance of this legislation and the
 118-26  crowded condition of the calendars in both houses create an
 118-27  emergency and an imperative public necessity that the
  119-1  constitutional rule requiring bills to be read on three several
  119-2  days in each house be suspended, and this rule is hereby suspended.