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.