H.B. No. 433
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 for the child.
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
12-20 shall order each party to inform each <the clerk and all> other
12-21 party <parties> of an intended <a> change in any of the information
12-22 required by this section as long as any person, as a result of the
12-23 order, is under an obligation to pay child support or is entitled
12-24 to possession of or access to a child. The court shall order that
12-25 notice of the intended change be given at the earlier of <to be
12-26 included in the order>:
12-27 (1) <before the 11th day after the date of the change,
13-1 as long as any person, as a result of the order, is under an
13-2 obligation to pay child support or is entitled to possession of or
13-3 access to a child; and>
13-4 <(2) if the change in the information is an intended
13-5 change, on or before> the 60th day before the date the party
13-6 intends to make the change; or
13-7 (2) the fifth day after the date that the party knew
13-8 of the change, if the party did not know or could not have known of
13-9 the change in sufficient time to comply with Subdivision (1)<, as
13-10 long as any person, as a result of the order, is under an
13-11 obligation to pay child support or is entitled to possession of or
13-12 access to a child>.
13-13 (e) Except as provided by Subsection (c), an order in a suit
13-14 that orders child support or possession of or access to a child
13-15 must also contain the following order in bold-faced type or in
13-16 capital letters:
13-17 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
13-18 NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
13-19 AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
13-20 ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
13-21 ADDRESS OF <PLACE OF> EMPLOYMENT, AND WORK TELEPHONE NUMBER. THE
13-22 PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
13-23 REQUIRED INFORMATION TO EACH OTHER PARTY ON OR BEFORE THE 60TH DAY
13-24 BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD
13-25 NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY
13-26 NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
13-27 BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
14-1 CHANGE.
14-2 THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE
14-3 CLERK OF THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF
14-4 THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED
14-5 TO POSSESSION OF OR ACCESS TO A CHILD.
14-6 FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
14-7 EACH OTHER PARTY <THE CLERK> WITH THE CHANGE IN THE REQUIRED
14-8 INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER,
14-9 INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED
14-10 BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500
14-11 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S
14-12 FEES AND COURT COSTS <CURRENT MAILING ADDRESS OF A PARTY MAY RESULT
14-13 IN THE ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT
14-14 PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN
14-15 ADDRESS OF RECORD>."
14-16 (g) Notwithstanding another provision of this section, a
14-17 court in a county with a population of 2.8 million or more shall
14-18 order each party to inform the clerk of the court of a change in
14-19 information required by this section in the manner provided by
14-20 Subsection (b). The order required by Subsection (e) shall reflect
14-21 the notification requirement of this subsection.
14-22 SECTION 14. Section 105.007, Family Code, as added by House
14-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
14-24 amended to read as follows:
14-25 Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
14-26 CHANGE OF REQUIRED INFORMATION <CONSERVATOR'S RESIDENCE>. (a) A
14-27 party <who intends a change of place of residence> shall comply
15-1 with the order by giving written notice to each other party of an
15-2 <the> intended <date of> change in the party's current residence
15-3 address, mailing address, home telephone number, name of employer,
15-4 address of employment, and work<, new> telephone number<, and new
15-5 street address of residence to the court having jurisdiction of the
15-6 suit in which the order was made and to every other party who has
15-7 possession of or access to the child>.
15-8 (b) The party must give written notice by registered or
15-9 certified mail of an intended change in the required information to
15-10 each other party <must be given> on or before the 60th day before
15-11 the change is made <conservator changes the conservator's place of
15-12 residence>. If the party does <conservator did> not know or could
15-13 not have known of the change in sufficient time to provide 60-day
15-14 notice, the party shall provide <of residence or if the required
15-15 information was not available within the 60-day period, the
15-16 conservator shall supply> the written notice of the change <of
15-17 residence or the related information> on or before the fifth day
15-18 after the date that the party <conservator> knew <or should have
15-19 known> of the change <or of the related information>.
15-20 (c) The court may waive the notice required by this section
15-21 on motion by a party <the moving conservator> if it finds that the
15-22 giving of notice of a change of the required information <place of
15-23 residence> would be likely to expose the child or the party
15-24 <conservator> to harassment, abuse, serious harm, or injury.
15-25 <(d) The notice may be given to a party by delivery of a
15-26 copy of the notice to the party either in person or by registered
15-27 or certified mail, return receipt requested, to the last known
16-1 address of the party.>
16-2 <(e) The notice may be given to the court by delivery of a
16-3 copy of the notice either in person to the clerk of the court or by
16-4 registered or certified mail addressed to the clerk of the court.>
16-5 SECTION 15. Chapter 107, Family Code, as added by House Bill
16-6 655, Acts of the 74th Legislature, Regular Session, 1995, is
16-7 amended to read as follows:
16-8 CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
16-9 SUBCHAPTER A. GUARDIAN AD LITEM REPRESENTATION
16-10 Sec. 107.001. APPOINTMENT OF GUARDIAN AD LITEM. (a) In a
16-11 suit in which termination of the parent-child relationship is
16-12 requested, the court or an associate judge shall appoint a guardian
16-13 ad litem to represent the interests of the child immediately after
16-14 the filing of the petition but before the full adversary hearing to
16-15 ensure adequate representation of the child, unless:
16-16 (1) the child is a petitioner;
16-17 (2) an attorney ad litem has been appointed for the
16-18 child; or
16-19 (3) the court or an associate judge finds that the
16-20 interests of the child will be represented adequately by a party to
16-21 the suit and are not adverse to that party.
16-22 (b) In any other suit, the court or an associate judge may
16-23 appoint a guardian ad litem.
16-24 (c) The managing conservator may be appointed guardian ad
16-25 litem if the managing conservator is not a parent of the child or a
16-26 person petitioning for adoption of the child and has no personal
16-27 interest in the suit.
17-1 (d) A guardian ad litem shall be appointed to represent any
17-2 other person entitled to service of citation under this code if the
17-3 person is incompetent or a child, unless the person has executed an
17-4 affidavit of relinquishment of parental rights or an affidavit of
17-5 waiver of interest in child containing a waiver of service of
17-6 citation.
17-7 (Sections 107.002-107.010 reserved for expansion
17-8 SUBCHAPTER B. ATTORNEY AD LITEM
17-9 Sec. 107.011 <107.002>. DISCRETIONARY APPOINTMENT OF
17-10 ATTORNEY AD LITEM. (a) An associate judge shall <may> recommend
17-11 the appointment of an attorney ad litem for any party in a case in
17-12 which the associate judge deems representation necessary to protect
17-13 the interests of the child who is the subject matter of the suit.
17-14 (b) The court shall <may> appoint an attorney ad litem for
17-15 any party in a case in which the court deems representation
17-16 necessary to protect the interests of the child who is the subject
17-17 matter of the suit.
17-18 Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
17-19 CHILD. <(c)> In a suit filed by a governmental entity requesting
17-20 termination of the parent-child relationship or to be named
17-21 conservator of a child, the court shall appoint an attorney ad
17-22 litem to represent the interests of the child immediately after the
17-23 filing, but before the full adversary hearing, <as soon as
17-24 practicable> to ensure adequate representation of the child
17-25 <child's interests>.
17-26 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
17-27 INDIGENT PARENT. (a) <(d)> In a suit in which termination of the
18-1 parent-child relationship is requested, the court shall appoint an
18-2 attorney ad litem to represent the interests of each indigent
18-3 parent of the child who responds in opposition to the termination.
18-4 (b) If both parents of the child are indigent and oppose
18-5 termination and the court finds that the interests of the parents
18-6 are not in conflict, the court may appoint a single attorney ad
18-7 litem to represent the interests of both parents.
18-8 Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
18-9 CHILD. (a) An attorney ad litem appointed under this subchapter
18-10 to represent a child may:
18-11 (1) investigate to the extent the attorney ad litem
18-12 considers appropriate to determine the facts of the case;
18-13 (2) obtain and review copies of all of the child's
18-14 relevant medical, psychological, and school records; and
18-15 (3) call, examine, and cross-examine witnesses.
18-16 (b) An attorney ad litem appointed to represent a child
18-17 shall within a reasonable time after the appointment:
18-18 (1) interview the child if the child is four years of
18-19 age or older; and
18-20 (2) interview individuals with significant knowledge
18-21 of the child's history and condition.
18-22 Sec. 107.015 <107.003>. AD LITEM FEES. (a) An attorney
18-23 appointed to represent a child or parent as authorized by this
18-24 subchapter is entitled to a reasonable fee in the amount set by the
18-25 court to be paid by the parents of the child unless the parents are
18-26 indigent.
18-27 (b) If the court or associate judge determines that the
19-1 parties or litigants are able to defray the costs of an ad litem's
19-2 compensation as determined by the reasonable and customary fees for
19-3 similar services in the county of jurisdiction, the costs may be
19-4 ordered paid by either or both parties, or the court or associate
19-5 judge may order either or both parties, prior to final hearing, to
19-6 pay the sums into the registry of the court or into an account
19-7 authorized by the court for the use and benefit of the ad litem on
19-8 order of the court. The sums may be taxed as costs to be assessed
19-9 against one or more of the parties.
19-10 (c) If indigency of the parents is shown, an attorney
19-11 appointed to represent a child or parent in a suit to terminate the
19-12 parent-child relationship shall be paid from the general funds of
19-13 the county according to the fee schedule that applies to an
19-14 attorney appointed to represent a child in a suit under Title 3 as
19-15 provided by Chapter 51.
19-16 Sec. 107.016. CONTINUED REPRESENTATION. In a suit brought
19-17 by a governmental entity seeking termination of the parent-child
19-18 relationship or appointment of the entity as conservator of the
19-19 child, an order appointing the Department of Protective and
19-20 Regulatory Services as the child's managing conservator may provide
19-21 for the continuation of the attorney ad litem appointment for any
19-22 period set by the court.
19-23 (Sections 107.017-107.030 reserved for expansion
19-24 SUBCHAPTER C. OTHER COURT APPOINTMENTS
19-25 Sec. 107.031 <107.004>. VOLUNTEER ADVOCATES. (a) In a suit
19-26 filed by a governmental entity, the court may appoint a person who
19-27 has received the court's approved training and who has been
20-1 certified by the court to appear at court hearings as a volunteer
20-2 advocate on behalf of the child.
20-3 (b) In addition, the court may appoint a group of
20-4 court-certified volunteers to serve as an administrative review
20-5 board to advise the court as to the conservatorship appointment and
20-6 the placement of the child by the Department of Protective and
20-7 Regulatory Services <department> or authorized agency in substitute
20-8 care.
20-9 (c) A court-appointed volunteer, a board member or employee
20-10 of a volunteer advocate charitable organization, or a member of an
20-11 administrative review board <person> is not liable for civil
20-12 damages for a recommendation made or opinion rendered while serving
20-13 or having served as a court-appointed volunteer, board member or
20-14 employee of a volunteer advocate charitable organization, or member
20-15 of an administrative review board under this section unless the act
20-16 or failure to act is wilfully wrongful, committed with conscious
20-17 indifference or reckless disregard for the safety of another,
20-18 committed in bad faith or with malice, or is grossly negligent.
20-19 (Sections 107.032-107.050 reserved for expansion
20-20 SUBCHAPTER D. SOCIAL STUDY
20-21 Sec. 107.051 <107.005>. ORDER FOR SOCIAL STUDY. (a) The
20-22 court may order the preparation of a social study into the
20-23 circumstances and condition of the child and of the home of any
20-24 person requesting managing conservatorship or possession of the
20-25 child.
20-26 (b) The social study may be made by a state agency,
20-27 including the Department of Protective and Regulatory Services
21-1 <department>, or a person appointed by the court.
21-2 (c) In a suit in which adoption is requested or possession
21-3 of or access to the child is an issue and in which the Department
21-4 of Protective and Regulatory Services is not a party or has no
21-5 interest, the court shall appoint a private agency or person to
21-6 conduct the social study.
21-7 Sec. 107.052. STANDARDS FOR CONDUCTING SOCIAL STUDY. (a)
21-8 The court may appoint an investigator to conduct the social study
21-9 required by this section who has the qualifications established by
21-10 the rules of the Department of Protective and Regulatory Services
21-11 <department> providing minimum qualifications for persons who may
21-12 conduct social studies. If the Department of Protective and
21-13 Regulatory Services <department> or another governmental entity is
21-14 appointed, the person who conducts the investigation and makes the
21-15 report must also have those qualifications.
21-16 (b) <(d)> A study made under this section shall comply with
21-17 the rules of the Department of Protective and Regulatory Services
21-18 <department> establishing minimum standards, guidelines, and
21-19 procedures for social studies or the criteria established by the
21-20 court.
21-21 (c) <(e)> The social study shall contain any history of
21-22 physical, sexual, or emotional abuse suffered by the child.
21-23 <(f) In a suit in which adoption is requested or possession
21-24 of or access to the child is an issue and in which the department
21-25 is not a party or has no interest, the court shall appoint a
21-26 private agency or person to conduct the social study.>
21-27 Sec. 107.053. PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
22-1 <(g)> In all adoptions a copy of the report shall be made
22-2 available to the prospective adoptive parents prior to a final
22-3 order of adoption.
22-4 Sec. 107.054. REPORT FILED WITH COURT. <(h)> The agency or
22-5 person making the social study shall file with the court on a date
22-6 set by the court a report containing its findings and conclusions.
22-7 The report shall be made a part of the record of the suit.
22-8 Sec. 107.055. INTRODUCTION OF REPORT AT TRIAL.
22-9 (a) <(i)> Disclosure to the jury of the contents of a report to
22-10 the court of a social study is subject to the rules of evidence.
22-11 (b) <(j)> In a contested case, the agency or person making
22-12 the social study shall furnish copies of the report to the
22-13 attorneys for the parties before the earlier of:
22-14 (1) the seventh day after the date the social study is
22-15 completed; or
22-16 (2) the fifth day before the date of commencement of
22-17 the trial.
22-18 (c) <(k)> The court may compel the attendance of witnesses
22-19 necessary for the proper disposition of the suit, including a
22-20 representative of the agency making the social study, who may be
22-21 compelled to testify.
22-22 Sec. 107.056. PREPARATION FEE. <(l)> If the court orders
22-23 <the department to prepare> a social study to be conducted and a
22-24 report to be prepared, the court shall award the agency or other
22-25 person <department> a reasonable fee for the preparation of the
22-26 study that shall be taxed as costs and paid directly to the agency
22-27 or other person <department>. The person or agency <department>
23-1 may enforce the order for the fee <in the department's own name>.
23-2 SECTION 16. Section 108.001, Family Code, as added by House
23-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
23-4 amended to read as follows:
23-5 Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a)
23-6 Except as provided by this chapter, the clerk of the court shall
23-7 transmit to the bureau of vital statistics <department> a certified
23-8 record <copy> of the order rendered in a suit, together with the
23-9 name and all prior names, birth date, and place of birth of the
23-10 child prepared by the petitioner on a form provided by the bureau.
23-11 (b) The bureau of vital statistics <department> shall
23-12 maintain these records in a central file according to the name,
23-13 birth date, and place of birth of the child, the court that
23-14 rendered the order, and the docket number of the suit.
23-15 (c) All the records required under this section to be
23-16 maintained by the bureau of vital statistics and the records of a
23-17 child-placing agency that has ceased operations <department> are
23-18 confidential and no person is entitled to access to or information
23-19 from these records except for good cause <as provided by this
23-20 subtitle or> on an order of the court that rendered the order <for
23-21 good cause>.
23-22 SECTION 17. Section 108.003, Family Code, as added by House
23-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
23-24 amended to read as follows:
23-25 Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING <FILES
23-26 OF> ADOPTION. (a) The <On rendition of an order of adoption, the>
23-27 clerk of a <the> court that renders a decree of adoption shall, not
24-1 later than the 10th day of the first month after the month in which
24-2 the adoption is rendered, transmit to the central registry of the
24-3 bureau of vital statistics <department:>
24-4 <(1) a complete file in the case, including all
24-5 pleadings, papers, studies, and records in the suit other than the
24-6 minutes of the court, if the petitioner has requested that the
24-7 complete file be sent, or a certified copy of the petition and
24-8 order of adoption, excluding pleadings, papers, studies, and
24-9 records relating to a suit for divorce or annulment or to declare a
24-10 marriage void; and>
24-11 <(2)> a certified report of adoption that includes:
24-12 (1) <(A)> the name of the adopted child after adoption
24-13 as shown in the adoption order;
24-14 (2) <(B)> the birth date of the adopted child;
24-15 (3) <(C)> the docket number of the adoption suit;
24-16 (4) <(D)> the identity of the court rendering the
24-17 adoption;
24-18 (5) <(E)> the date of the adoption order;
24-19 (6) <(F)> the name and address of each parent,
24-20 guardian, managing conservator, or other person whose consent to
24-21 adoption was required or waived under Chapter 159 <23>, or whose
24-22 parental rights were terminated in the adoption suit;
24-23 (7) <(G)> the identity of the licensed child placing
24-24 agency, if any, through which the adopted child was placed for
24-25 adoption; and
24-26 (8) <(H)> the identity, address, and telephone number
24-27 of the registry through which the adopted child may register as an
25-1 adoptee.
25-2 (b) Except for good cause shown or on an order of the court
25-3 that granted the adoption or terminated the proceedings under
25-4 Section 155.001, the records concerning a child maintained by the
25-5 district clerk after rendition of a decree of adoption, the records
25-6 of a child-placing agency that has ceased operations, and the
25-7 records required under this section to be maintained by the bureau
25-8 of vital statistics are confidential, and no person is entitled to
25-9 access to or information from these records.
25-10 SECTION 18. Section 108.004, Family Code, as added by House
25-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
25-12 amended to read as follows:
25-13 Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
25-14 On the loss of jurisdiction of a court under Chapter 155, the clerk
25-15 of the court shall transmit to the central registry of the bureau
25-16 of vital statistics a certified record, on a form provided by the
25-17 bureau, stating that jurisdiction has been lost, the reason for the
25-18 loss of jurisdiction, and the name and all previous names, date of
25-19 birth, and place of birth of the child <department:>
25-20 <(1) a complete file in the case, including all
25-21 pleadings, papers, studies, and records in the suit other than the
25-22 minutes of the court, if the petitioner has requested that a
25-23 complete file be sent; or>
25-24 <(2) a certified copy of the petition, excluding
25-25 pleadings, papers, studies, and records relating to a suit for
25-26 divorce or annulment or to declare a marriage void>.
25-27 SECTION 19. Section 108.005, Family Code, as added by House
26-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
26-2 amended to read as follows:
26-3 Sec. 108.005. ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
26-4 STATISTICS <DEPARTMENT>. (a) When the bureau of vital statistics
26-5 <department> receives records from the district clerk, the bureau
26-6 <the complete file or petition and order of adoption, it> shall
26-7 close the records concerning that child. Except for statistical
26-8 purposes, the bureau <department> may not disclose any information
26-9 concerning the prior proceedings affecting the child. Except as
26-10 provided in Chapter 162, any subsequent inquiry concerning the
26-11 child who has been adopted shall be handled as though the child had
26-12 not been previously the subject of a suit affecting the
26-13 parent-child relationship. The bureau shall provide to the
26-14 Department of Protective and Regulatory Services registry
26-15 information as necessary for the department to comply with federal
26-16 law or regulations regarding the compilation or reporting of
26-17 adoption information to federal officials and other information as
26-18 necessary for the department to administer the central registry as
26-19 provided in Subchapter E, Chapter 162.
26-20 (b) On the receipt of additional records concerning a child
26-21 who has been the subject of a suit affecting the parent-child
26-22 relationship in which the records have been closed, a new file
26-23 shall be made and maintained.
26-24 SECTION 20. Section 108.006, Family Code, as added by House
26-25 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
26-26 amended to read as follows:
26-27 Sec. 108.006. FEES. (a) The bureau of vital statistics
27-1 <department> may charge a reasonable fee to cover the cost of
27-2 determining and sending information concerning the identity of the
27-3 court with continuing, exclusive jurisdiction.
27-4 (b) On the filing of a suit requesting the adoption of a
27-5 child, the clerk of the court shall collect an additional fee of
27-6 $15.
27-7 (c) The clerk shall send the fees collected under Subsection
27-8 (b) to the bureau of vital statistics for deposit in a special fund
27-9 in the state treasury from which the legislature may appropriate
27-10 money only to operate and maintain the central file and central
27-11 registry of the bureau <department>.
27-12 (d) The receipts from the fees charged under Subsection (a)
27-13 shall be deposited in a financial institution as determined by the
27-14 <executive> director of the bureau of vital statistics <department>
27-15 and withdrawn as necessary for the sole purpose of operating and
27-16 maintaining the central record file.
27-17 <(e) The funds received under Subsection (b) shall be
27-18 deposited in a special account in the general revenue fund. Funds
27-19 in the account may only be used for the operation of the central
27-20 record file. Sections 403.094 and 403.095, Government Code, do not
27-21 apply to the special account.>
27-22 SECTION 21. Section 108.007, Family Code, as added by House
27-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
27-24 amended to read as follows:
27-25 Sec. 108.007. MICROFILM. (a) The bureau of vital
27-26 statistics <department> may use microfilm or other suitable means
27-27 for maintaining the central record file.
28-1 (b) A certified reproduction of a document maintained by the
28-2 bureau of vital statistics <department> is admissible in evidence
28-3 as the original document.
28-4 SECTION 22. Section 151.002(b), Family Code, as added by
28-5 House Bill 655, Acts of the 74th Legislature, Regular Session,
28-6 1995, is amended to read as follows:
28-7 (b) A presumption under this section may be rebutted as
28-8 provided by Section 160.110 <only by clear and convincing evidence.
28-9 If two or more presumptions arise that conflict, the presumption
28-10 that is founded on the weightier considerations of policy and logic
28-11 controls. The presumption is rebutted by a court order
28-12 establishing paternity of the child by another man>.
28-13 SECTION 23. Section 151.003(a), Family Code, as added by
28-14 House Bill 655, Acts of the 74th Legislature, Regular Session,
28-15 1995, is amended to read as follows:
28-16 (a) A parent of a child has the following rights and duties:
28-17 (1) the right to have physical possession, to direct
28-18 the moral and religious training, and to establish the residence of
28-19 the child;
28-20 (2) the duty of care, control, protection, and
28-21 reasonable discipline of the child;
28-22 (3) the duty to support the child, including providing
28-23 the child with clothing, food, shelter, medical and dental care,
28-24 and education;
28-25 (4) the duty, except when a guardian of the child's
28-26 estate has been appointed, to manage the estate of the child,
28-27 including the right <a power> as an agent of the child to act in
29-1 relation to the child's estate if the child's action is required by
29-2 a state, the United States, or a foreign government;
29-3 (5) the right to the services and earnings of the
29-4 child;
29-5 (6) the right to consent to the child's marriage,
29-6 enlistment in the armed forces of the United States, medical and
29-7 dental care, and psychiatric, psychological, and surgical
29-8 treatment;
29-9 (7) the right to represent the child in legal action
29-10 and to make other decisions of substantial legal significance
29-11 concerning the child;
29-12 (8) the right to receive and give receipt for payments
29-13 for the support of the child and to hold or disburse funds for the
29-14 benefit of the child;
29-15 (9) the right to inherit from and through the child;
29-16 <and>
29-17 (10) the right to make decisions concerning the
29-18 child's education; and
29-19 (11) any other right or duty existing between a parent
29-20 and child by virtue of law.
29-21 SECTION 24. Section 152.003, Family Code, as added by House
29-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
29-23 amended by adding Subsection (e) to read as follows:
29-24 (e) A court that has jurisdiction of a suit under Subsection
29-25 (a)(3) for which a court in another state may exercise jurisdiction
29-26 under prerequisites substantially in accordance with Subsection
29-27 (a)(1) or (2) may enter only a temporary order to protect the
30-1 child. The suit shall be dismissed in this state on the date a
30-2 court of competent jurisdiction in another state signs an order in
30-3 the suit or on the 91st day after the date the court in this state
30-4 exercised its jurisdiction, whichever date occurs first.
30-5 SECTION 25. Section 153.001, Family Code, as added by House
30-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
30-7 amended to read as follows:
30-8 Sec. 153.001. PUBLIC POLICY. (a) The public policy of this
30-9 state is to:
30-10 (1) assure that children will have frequent and
30-11 continuing contact with parents who have shown the ability to act
30-12 in the best interest of the child;
30-13 (2) provide a stable environment for the child; and
30-14 (3) encourage parents to share in the rights and
30-15 duties of raising their child after the parents have separated or
30-16 dissolved their marriage.
30-17 (b) A court may not render an order that conditions the
30-18 right of a conservator to possession of or access to a child on the
30-19 payment of child support.
30-20 SECTION 26. Section 153.007(c), Family Code, as added by
30-21 House Bill 655, Acts of the 74th Legislature, Regular Session,
30-22 1995, is amended to read as follows:
30-23 (c) Terms of the agreement contained in the order or
30-24 incorporated by reference regarding conservatorship or support of
30-25 or access to a child in an order may be enforced by all remedies
30-26 available for enforcement of a judgment, including contempt, but
30-27 are not enforceable as a contract <terms unless provided by the
31-1 agreement>.
31-2 SECTION 27. Subchapter A, Chapter 153, Family Code, as added
31-3 by House Bill 655, Acts of the 74th Legislature, Regular Session,
31-4 1995, is amended by adding Section 153.0071 to read as follows:
31-5 Sec. 153.0071. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (a)
31-6 On written agreement of the parties, the court may refer a suit
31-7 affecting the parent-child relationship to arbitration. The
31-8 agreement must state whether the arbitration is binding or
31-9 non-binding.
31-10 (b) If the parties agree to binding arbitration, the court
31-11 shall render an order reflecting the arbitrator's award unless the
31-12 court determines at a non-jury hearing that the award is not in the
31-13 best interest of the child. The burden of proof at a hearing under
31-14 this subsection is on the party seeking to avoid rendition of an
31-15 order based on the arbitrator's award.
31-16 (c) On the written agreement of the parties or on the
31-17 court's own motion, the court may refer a suit affecting the
31-18 parent-child relationship to mediation.
31-19 (d) A mediated settlement agreement is binding on the
31-20 parties if the agreement:
31-21 (1) provides in a separate paragraph an underlined
31-22 statement that the agreement is not subject to revocation;
31-23 (2) is signed by each party to the agreement; and
31-24 (3) is signed by the party's attorney, if any, who is
31-25 present at the time the agreement is signed.
31-26 (e) If a mediated settlement agreement meets the
31-27 requirements of Subsection (d), a party is entitled to judgment on
32-1 the mediated settlement agreement notwithstanding Rule 11, Texas
32-2 Rules of Civil Procedure, or another rule of law.
32-3 (f) The procedures and remedies provided by this section
32-4 apply to an action brought under Title 1.
32-5 SECTION 28. Subchapter A, Chapter 153, as added by House
32-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
32-7 amended by adding Section 153.013 to read as follows:
32-8 Sec. 153.013. FALSE REPORT OF CHILD ABUSE. (a) If a party
32-9 to a pending suit affecting the parent-child relationship makes a
32-10 report alleging child abuse by another party to the suit that the
32-11 reporting party knows lacks a factual foundation, the court shall
32-12 deem the report to be a knowingly false report.
32-13 (b) Evidence of a false report of child abuse is admissible
32-14 in a suit between the involved parties regarding the terms of
32-15 conservatorship of a child.
32-16 SECTION 29. Section 153.073(a), Family Code, as added by
32-17 House Bill 655, Acts of the 74th Legislature, Regular Session,
32-18 1995, is amended to read as follows:
32-19 (a) Unless limited by court order, a parent appointed as a
32-20 conservator of a child has at all times the right:
32-21 (1) as specified by court order:
32-22 (A) to receive information from the other parent
32-23 concerning the health, education, and welfare of the child; and
32-24 (B) <(2)> to confer with the other parent to the
32-25 extent possible before making a decision concerning the health,
32-26 education, and welfare of the child;
32-27 (2) <(3)> of access to medical, dental, psychological,
33-1 and educational records of the child;
33-2 (3) <(4)> to consult with a physician, dentist, or
33-3 psychologist of the child;
33-4 (4) <(5)> to consult with school officials concerning
33-5 the child's welfare and educational status, including school
33-6 activities;
33-7 (5) <(6)> to attend school activities;
33-8 (6) <(7)> to be designated on the child's records as a
33-9 person to be notified in case of an emergency;
33-10 (7) <(8)> to consent to medical, dental, and surgical
33-11 treatment during an emergency involving an immediate danger to the
33-12 health and safety of the child; and
33-13 (8) <(9)> to manage the estate of the child to the
33-14 extent the estate has been created by the parent or the parent's
33-15 family.
33-16 SECTION 30. Section 153.074, Family Code, as added by House
33-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
33-18 amended to read as follows:
33-19 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
33-20 Unless limited by court order, a parent appointed as a conservator
33-21 of a child has the following rights and duties during the period
33-22 that the parent has possession of the child:
33-23 (1) the duty of care, control, protection, and
33-24 reasonable discipline of the child;
33-25 (2) the duty to support the child, including providing
33-26 the child with clothing, food, shelter, and medical and dental care
33-27 not involving an invasive procedure; <and>
34-1 (3) the right to consent for the child to medical and
34-2 dental care not involving an invasive procedure;
34-3 (4) the right to consent for the child to medical,
34-4 dental, and surgical treatment during an emergency involving
34-5 immediate danger to the health and safety of the child; and
34-6 (5) the right to direct the moral and religious
34-7 training of the child.
34-8 SECTION 31. Subchapter B, Chapter 153, Family Code, as added
34-9 by House Bill 655, Acts of the 74th Legislature, Regular Session,
34-10 1995, is amended by adding Section 153.076 to read as follows:
34-11 Sec. 153.076. PARENTS' DUTY TO PROVIDE INFORMATION. If both
34-12 parents are appointed as conservators of the child, the court shall
34-13 order that each parent has a duty to inform the other parent in a
34-14 timely manner of significant information concerning the health,
34-15 education, and welfare of the child.
34-16 SECTION 32. Section 153.131, Family Code, as added by House
34-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
34-18 amended to read as follows:
34-19 Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED
34-20 MANAGING CONSERVATOR. (a) Unless the court finds that appointment
34-21 of the parent or parents would not be in the best interest of the
34-22 child because the appointment would significantly impair the
34-23 child's physical health or emotional development, a parent shall be
34-24 appointed sole managing conservator or both parents shall be
34-25 appointed as joint managing conservators of the child.
34-26 (b) It is a rebuttable presumption that the appointment of
34-27 the parents of a child as joint managing conservators is in the
35-1 best interest of the child.
35-2 SECTION 33. Section 153.132, Family Code, as added by House
35-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
35-4 amended to read as follows:
35-5 Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
35-6 MANAGING CONSERVATOR. Unless limited by court order, a parent
35-7 appointed as sole managing conservator of a child has the rights
35-8 and duties provided by Subchapter B and the following exclusive
35-9 rights:
35-10 (1) the right to establish the primary residence of
35-11 the child;
35-12 (2) the right to consent to medical, dental, and
35-13 surgical treatment involving invasive procedures, and to consent to
35-14 psychiatric and psychological treatment;
35-15 (3) the right to receive and give receipt for periodic
35-16 payments for the support of the child and to hold or disburse these
35-17 funds for the benefit of the child;
35-18 (4) the right to represent the child in legal action
35-19 and to make other decisions of substantial legal significance
35-20 concerning the child;
35-21 (5) the right to consent to marriage and to enlistment
35-22 in the armed forces of the United States;
35-23 (6) the right to make decisions concerning the child's
35-24 education;
35-25 (7) the right to the services and earnings of the
35-26 child; and
35-27 (8) <(7)> except when a guardian of the child's estate
36-1 or a guardian or attorney ad litem has been appointed for the
36-2 child, the right to act as an agent of the child in relation to the
36-3 child's estate if the child's action is required by a state, the
36-4 United States, or a foreign government.
36-5 SECTION 34. Section 153.371, Family Code, as added by House
36-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
36-7 amended to read as follows:
36-8 Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
36-9 SOLE MANAGING CONSERVATOR. Unless limited by court order or other
36-10 provisions of this chapter, a nonparent, licensed child-placing
36-11 agency, or authorized agency appointed as a managing conservator of
36-12 the child has the following rights and duties:
36-13 (1) the right to have physical possession and <,> to
36-14 direct the moral and religious training<, and to establish the
36-15 primary residence> of the child;
36-16 (2) the duty of care, control, protection, and
36-17 reasonable discipline of the child;
36-18 (3) the duty to provide the child with clothing, food,
36-19 shelter, <and> education, and medical, psychological, and dental
36-20 care;
36-21 (4) the right to consent for the child to medical,
36-22 psychiatric, psychological, dental, and surgical treatment;
36-23 (5) the right to receive and give receipt for payments
36-24 for the support of the child and to hold or disburse funds for the
36-25 benefit of the child;
36-26 (6) the right to the services and earnings of the
36-27 child;
37-1 (7) the right to consent to marriage and to enlistment
37-2 in the armed forces of the United States;
37-3 (8) the right to represent the child in legal action
37-4 and to make other decisions of substantial legal significance
37-5 concerning the child;
37-6 (9) except when a guardian of the child's estate or a
37-7 guardian or attorney ad litem has been appointed for the child, the
37-8 right to act as an agent of the child in relation to the child's
37-9 estate if the child's action is required by a state, the United
37-10 States, or a foreign government; <and>
37-11 (10) the right to establish the primary residence of
37-12 the child and to make decisions regarding the child's education;
37-13 and
37-14 (11) if the parent-child relationship has been
37-15 terminated with respect to the parents, or only living parent, or
37-16 if there is no living parent, the right to consent to the adoption
37-17 of the child and to make any other decision concerning the child
37-18 that a parent could make.
37-19 SECTION 35. Section 153.256, Family Code, as added by House
37-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
37-21 amended to read as follows:
37-22 Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
37-23 the terms of possession of a child under an order other than a
37-24 standard possession order, the court shall be guided by the
37-25 guidelines established by the standard possession order and may
37-26 consider:
37-27 (1) the age, developmental status, circumstances,
38-1 needs, and best interest of the child;
38-2 (2) the circumstances of the managing conservator and
38-3 of the parent named as a possessory conservator; and
38-4 (3) any other relevant factor.
38-5 SECTION 36. Section 153.313, Family Code, as added by House
38-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
38-7 amended to read as follows:
38-8 Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
38-9 the possessory conservator resides more than 100 miles from the
38-10 residence of the child, the possessory conservator shall have the
38-11 right to possession of the child as follows:
38-12 (1) either regular weekend possession beginning on the
38-13 first, third, and fifth Friday as provided under the terms
38-14 applicable to parents who reside 100 miles or less apart or not
38-15 more than one weekend per month of the possessory conservator's
38-16 choice beginning at 6 p.m. on the day school recesses for the
38-17 weekend and ending at 6 p.m. on the day before school resumes after
38-18 the weekend, provided that the possessory conservator gives the
38-19 managing conservator 14 <seven> days' written or telephonic notice
38-20 preceding a designated weekend, and provided that the possessory
38-21 conservator elects an option for this alternative period of
38-22 possession by written notice given to the managing conservator
38-23 within 90 days after the parties begin to reside more than 100
38-24 miles apart, as applicable;
38-25 (2) each year beginning on the day the child is
38-26 dismissed from school for the school's spring vacation and ending
38-27 at 6 p.m. on the day before school resumes after that vacation;
39-1 (3) if the possessory conservator:
39-2 (A) gives the managing conservator written
39-3 notice by May 1 of each year specifying an extended period or
39-4 periods of summer possession, the possessory conservator shall have
39-5 possession of the child for 42 days beginning not earlier than the
39-6 day after the child's school is dismissed for the summer vacation
39-7 and ending not later than seven days before school resumes at the
39-8 end of the summer vacation, to be exercised in not more than two
39-9 separate periods of at least seven consecutive days each; or
39-10 (B) does not give the managing conservator
39-11 written notice by May 1 of each year specifying an extended period
39-12 or periods of summer possession, the possessory conservator shall
39-13 have possession of the child for 42 consecutive days beginning at 6
39-14 p.m. on June 15 and ending at 6 p.m. on July 27;
39-15 (4) if the managing conservator gives the possessory
39-16 conservator written notice by June 1 of each year the managing
39-17 conservator shall have possession of the child on one weekend
39-18 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
39-19 Sunday during one period of possession by the possessory
39-20 conservator under Subdivision (3), provided that if a period of
39-21 possession by the possessory conservator exceeds 30 days, the
39-22 managing conservator may have possession of the child under the
39-23 terms of this subdivision on two nonconsecutive weekends during
39-24 that time period, and further provided that the managing
39-25 conservator picks up the child from the possessory conservator and
39-26 returns the child to that same place; and
39-27 (5) if the managing conservator gives the possessory
40-1 conservator written notice by June 1 <May 15> of each year <or
40-2 gives the possessory conservator 30 days' written notice on or
40-3 after May 16 of each year>, the managing conservator may designate
40-4 21 days beginning not earlier than the day after the child's school
40-5 is dismissed for the summer vacation and ending not later than
40-6 seven days before school resumes at the end of the summer vacation,
40-7 to be exercised in not more than two separate periods of at least
40-8 seven consecutive days each, during which the possessory
40-9 conservator may not have possession of the child, provided that the
40-10 period or periods so designated do not interfere with the
40-11 possessory conservator's period or periods of extended summer
40-12 possession or with Father's Day if the possessory conservator is
40-13 the father of the child.
40-14 SECTION 37. Section 153.316, Family Code, as added by House
40-15 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
40-16 amended to read as follows:
40-17 Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall
40-18 order the following general terms and conditions of possession of a
40-19 child to apply without regard to the distance between the residence
40-20 of a parent and the child:
40-21 (1) the managing conservator shall surrender the child
40-22 to the possessory conservator at the beginning of each period of
40-23 the possessory conservator's possession at the residence of the
40-24 managing conservator;
40-25 (2) if the possessory conservator elects to begin a
40-26 period of possession at the time the child's school is regularly
40-27 dismissed, the managing conservator shall surrender the child to
41-1 the possessory conservator at the beginning of each period of
41-2 possession at the school in which the child is enrolled;
41-3 (3) the possessory conservator shall be ordered to do
41-4 one of the following:
41-5 (A) the possessory conservator shall surrender
41-6 the child to the managing conservator at the end of each period of
41-7 possession at the residence of the possessory conservator; or
41-8 (B) the possessory conservator shall return the
41-9 child to the residence of the managing conservator at the end of
41-10 each period of possession, except that the order shall provide that
41-11 the possessory conservator shall surrender the child to the
41-12 managing conservator at the end of each period of possession at the
41-13 residence of the possessory conservator if:
41-14 (i) the possessory conservator's county of
41-15 residence remains the same after the rendition of the order
41-16 establishing terms and conditions of possession and access, and
41-17 <if> the managing conservator's county of residence changes <should
41-18 change>, effective on the date of the change of residence by the
41-19 managing conservator; or
41-20 (ii) the possessory conservator and
41-21 managing conservator lived in the same residence at any time during
41-22 a six-month period preceding the date on which a suit for
41-23 dissolution of the marriage was filed and the possessory
41-24 conservator's county of residence remains the same and the managing
41-25 conservator's county of residence changes after they no longer live
41-26 in the same residence, effective on the date the order is
41-27 rendered<, the possessory conservator shall surrender the child to
42-1 the managing conservator at the end of each period of possession at
42-2 the residence of the possessory conservator>;
42-3 (4) if the possessory conservator elects to end a
42-4 period of possession at the time the child's school resumes, the
42-5 possessory conservator shall surrender the child to the managing
42-6 conservator at the end of each period of possession at the school
42-7 in which the child is enrolled;
42-8 (5) each conservator shall return with the child the
42-9 personal effects that the child brought at the beginning of the
42-10 period of possession;
42-11 (6) either parent may designate a competent adult to
42-12 pick up and return the child, as applicable; a parent or a
42-13 designated competent adult shall be present when the child is
42-14 picked up or returned;
42-15 (7) a parent shall give notice to the person in
42-16 possession of the child on each occasion that the parent will be
42-17 unable to exercise that parent's right of possession for a
42-18 specified period;
42-19 (8) written notice shall be deemed to have been timely
42-20 made if received or postmarked before or at the time that notice is
42-21 due; and
42-22 (9) if a conservator's time of possession of a child
42-23 ends at the time school resumes and for any reason the child is not
42-24 or will not be returned to school, the conservator in possession of
42-25 the child shall immediately notify the school and the other
42-26 conservator that the child will not be or has not been returned to
42-27 school.
43-1 SECTION 38. Section 153.374(a), Family Code, as added by
43-2 House Bill 655, Acts of the 74th Legislature, Regular Session,
43-3 1995, is amended to read as follows:
43-4 (a) A parent may designate a competent person, authorized
43-5 agency, or licensed child-placing agency to serve as managing
43-6 conservator of the child in an unrevoked or irrevocable affidavit
43-7 of relinquishment of parental rights executed as provided by
43-8 Chapter 161 <22>.
43-9 SECTION 39. Section 154.001, Family Code, as added by House
43-10 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
43-11 amended to read as follows:
43-12 Sec. 154.001. SUPPORT OF CHILD. (a) The court may order
43-13 either or both parents to support a child in the manner specified
43-14 by the order:
43-15 (1) until the child is 18 years of age or until
43-16 graduation from high school, whichever occurs later;
43-17 (2) until the child is emancipated through marriage,
43-18 through removal of the disabilities of minority by court order, or
43-19 by other operation of law;
43-20 (3) until the death of the child; or
43-21 (4) if the child is disabled as defined in this
43-22 chapter, for an indefinite period.
43-23 (b) The court may order either or both parents to make
43-24 periodic payments for the support of a child in a proceeding in
43-25 which the Department of Protective and Regulatory Services is named
43-26 temporary managing conservator. In a proceeding in which the
43-27 Department of Protective and Regulatory Services is named permanent
44-1 managing conservator of a child whose parents' rights have not been
44-2 terminated, the court shall order each parent that is financially
44-3 able to make periodic payments for the support of the child.
44-4 SECTION 40. Subchapter A, Chapter 154, Family Code, as added
44-5 by House Bill 655, Acts of the 74th Legislature, Regular Session,
44-6 1995, is amended by adding Section 154.011 to read as follows:
44-7 Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR
44-8 ACCESS. A court may not render an order that conditions the
44-9 payment of child support on whether a managing conservator allows a
44-10 possessory conservator to have possession of or access to a child.
44-11 SECTION 41. Section 154.062(d), Family Code, as added by
44-12 House Bill 655, Acts of the 74th Legislature, Regular Session,
44-13 1995, is amended to read as follows:
44-14 (d) The court shall deduct the following items from
44-15 resources to determine the net resources available for child
44-16 support:
44-17 (1) social security taxes;
44-18 (2) federal income tax based on the tax rate for a
44-19 single person claiming one personal exemption and the standard
44-20 deduction;
44-21 (3) state income tax;
44-22 (4) union dues; and
44-23 (5) <(4)> expenses for health insurance coverage for
44-24 the obligor's child.
44-25 SECTION 42. Section 154.241, Family Code, as added by House
44-26 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
44-27 amended by adding Subsection (e) to read as follows:
45-1 (e) Subject to Section 154.004, at the request of an
45-2 obligee, a local registry shall redirect and forward a child
45-3 support payment to an address and in care of a person or entity
45-4 designated by the obligee. A local registry may require that the
45-5 obligee's request be in writing or be made on a form provided by
45-6 the local registry for that purpose, but may not charge a fee for
45-7 receiving the request or redirecting the payments as requested.
45-8 SECTION 43. Subchapter F, Chapter 154, Family Code, as added
45-9 by House Bill 655, Acts of the 74th Legislature, Regular Session,
45-10 1995, is amended by adding Section 154.309 to read as follows:
45-11 Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT DISABLED
45-12 CHILD. (a) A court may render an order for the possession of or
45-13 access to an adult disabled child that is appropriate under the
45-14 circumstances.
45-15 (b) Possession of or access to an adult disabled child is
45-16 enforceable in the manner provided by Chapter 157. An adult
45-17 disabled child may refuse possession or access if the adult
45-18 disabled child is mentally competent.
45-19 (c) A court that obtains continuing, exclusive jurisdiction
45-20 of a suit affecting the parent-child relationship involving a
45-21 disabled person who is a child retains continuing, exclusive
45-22 jurisdiction of subsequent proceedings involving the person,
45-23 including proceedings after the person is an adult.
45-24 SECTION 44. Sections 155.101(a), (b), and (d), Family Code,
45-25 as added by House Bill 655, Acts of the 74th Legislature, Regular
45-26 Session, 1995, are amended to read as follows:
45-27 (a) The petitioner or the court shall request from the
46-1 bureau of vital statistics <Department of Protective and Regulatory
46-2 Services> identification of the court that last had continuing,
46-3 exclusive jurisdiction of the child in a suit unless:
46-4 (1) the petition alleges that no court has continuing,
46-5 exclusive jurisdiction of the child and the issue is not disputed
46-6 by the pleadings; or
46-7 (2) the petition alleges that the court in which the
46-8 suit, petition for further remedy, or petition to modify has been
46-9 filed has acquired and retains continuing, exclusive jurisdiction
46-10 of the child as the result of a prior proceeding and the issue is
46-11 not disputed by the pleadings.
46-12 (b) The bureau of vital statistics <department> shall, on
46-13 the written request of the court, an attorney, or a party:
46-14 (1) identify the court that last had continuing,
46-15 exclusive jurisdiction of the child in a suit and give the docket
46-16 number of the suit; or
46-17 (2) state that the child has not been the subject of a
46-18 suit.
46-19 (d) The bureau of vital statistics <department> shall
46-20 transmit the information not later than the 10th day after the date
46-21 on which the request is received.
46-22 SECTION 45. Section 155.103, Family Code, as added by House
46-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
46-24 amended to read as follows:
46-25 Sec. 155.103. RELIANCE ON BUREAU OF VITAL STATISTICS
46-26 <DEPARTMENT> INFORMATION. (a) A court shall have jurisdiction
46-27 over a suit if it has been, correctly or incorrectly, informed by
47-1 the bureau of vital statistics <Department of Protective and
47-2 Regulatory Services> that the child has not been the subject of a
47-3 suit and the petition states that no other court has continuing,
47-4 exclusive jurisdiction over the child.
47-5 (b) If the bureau of vital statistics <department> notifies
47-6 the court that the bureau <department> has furnished incorrect
47-7 information regarding the existence of another court with
47-8 continuing, exclusive jurisdiction before the rendition of a final
47-9 order, the provisions of this chapter apply.
47-10 SECTION 46. Section 155.104, Family Code, as added by House
47-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
47-12 amended to read as follows:
47-13 Sec. 155.104. VOIDABLE ORDER. (a) If a request for
47-14 information from the bureau of vital statistics <Department of
47-15 Protective and Regulatory Services> relating to the identity of the
47-16 court having continuing, exclusive jurisdiction of the child has
47-17 been made under this subchapter, a final order, except an order of
47-18 dismissal, may not be rendered until the information is filed with
47-19 the court.
47-20 (b) If a final order is rendered in the absence of the
47-21 filing of the information from the bureau of vital statistics
47-22 <department>, the order is voidable on a showing that a court other
47-23 than the court that rendered the order had continuing, exclusive
47-24 jurisdiction.
47-25 SECTION 47. Section 156.101, Family Code, as added by House
47-26 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
47-27 amended to read as follows:
48-1 Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
48-2 CONSERVATORSHIP. (a) The court may modify an order that designates
48-3 a sole managing conservator of a child of any age if:
48-4 (1) the circumstances of the child, sole managing
48-5 conservator, possessory conservator, or other party affected by the
48-6 order have materially and substantially changed since the date of
48-7 the rendition of the order; and
48-8 (2) <the retention of the present sole managing
48-9 conservator would be injurious to the welfare of the child; and>
48-10 <(3)> the appointment of the new sole managing
48-11 conservator would be a positive improvement for the child.
48-12 (b) The court may modify an order that designates a sole
48-13 managing conservator of a child 12 years of age or older if:
48-14 (1) the child has filed with the court in writing the
48-15 name of the person who is the child's choice for managing
48-16 conservator; and
48-17 (2) the court finds that the appointment of the named
48-18 person is in the best interest of the child.
48-19 SECTION 48. Section 156.203, Family Code, as added by House
48-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
48-21 amended to read as follows:
48-22 Sec. 156.203. MODIFICATION FROM JOINT MANAGING
48-23 CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP. The court may
48-24 replace a joint managing conservatorship with a sole managing
48-25 conservatorship if:
48-26 (1)(A) the child's present living environment may
48-27 endanger the child's physical health or significantly impair the
49-1 child's emotional development <welfare of the child is a matter of
49-2 immediate and serious concern>;
49-3 (B) there has been a substantial and unexcused
49-4 violation of the terms and conditions established in the existing
49-5 conservatorship order; or
49-6 (C) the circumstances of the child or of one or
49-7 both of the joint managing conservators have so materially and
49-8 substantially changed since the rendition of the order that it has
49-9 become unworkable or inappropriate under existing circumstances;
49-10 and
49-11 (2) the appointment of a sole managing conservator
49-12 would be a positive improvement for and in the best interest of the
49-13 child.
49-14 SECTION 49. Section 157.062(c), Family Code, as added by
49-15 House Bill 655, Acts of the 74th Legislature, Regular Session,
49-16 1995, is amended to read as follows:
49-17 (c) Notice <Except as provided in this chapter, the notice>
49-18 of hearing on a motion for enforcement of an existing order
49-19 providing for child support or possession of or access to a child
49-20 shall be given to the respondent by personal service of a copy of
49-21 the motion and notice not later than the 10th day before the date
49-22 of the hearing.
49-23 SECTION 50. Section 157.066, Family Code, as added by House
49-24 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
49-25 amended to read as follows:
49-26 Sec. 157.066. FAILURE TO APPEAR. <(a)> If a respondent who
49-27 has been personally served with <sent> notice <by first class mail>
50-1 to appear at a hearing does not appear at the designated time,
50-2 place, and date to respond to a motion for enforcement of an
50-3 existing court order, regardless of whether the motion is joined
50-4 with other claims or remedies, the court may not hold the
50-5 respondent in contempt but may, on proper proof, grant a default
50-6 judgment for the relief sought and <personal service of notice of a
50-7 hearing shall be attempted.>
50-8 <(b) The court shall> issue a capias for the arrest of the
50-9 respondent <a party if:>
50-10 <(1) the party is allegedly in arrears in
50-11 court-ordered child support payments;>
50-12 <(2) the party has been ordered as provided in Chapter
50-13 105 to provide the clerk of the court with the party's current
50-14 mailing address;>
50-15 <(3) the party did not appear at the hearing; and>
50-16 <(4) subsequently an attempt to serve notice of the
50-17 hearing by personal service on the party has been unsuccessful
50-18 despite diligent efforts to serve process at the latest address on
50-19 file with the clerk and at any other address known to the moving
50-20 party at which the respondent may be served>.
50-21 SECTION 51. Section 157.115(a), Family Code, as added by
50-22 House Bill 655, Acts of the 74th Legislature, Regular Session,
50-23 1995, is amended to read as follows:
50-24 (a) The court may render a default order for the relief
50-25 requested if the respondent:
50-26 (1) has been personally served,<;>
50-27 <(2)> has filed an answer, or has entered an
51-1 appearance; and
51-2 (2) <(3)> does not appear at the designated time,
51-3 place, and date to respond to the motion.
51-4 SECTION 52. Subchapter D, Chapter 157, Family Code, as added
51-5 by House Bill 655, Acts of the 74th Legislature, Regular Session,
51-6 1995, is amended by adding Section 157.168 to read as follows:
51-7 Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. A
51-8 court may order additional periods of possession of or access to a
51-9 child to compensate for the denial of court-ordered possession or
51-10 access.
51-11 SECTION 53. Section 157.265, Family Code, as added by House
51-12 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
51-13 amended to read as follows:
51-14 Sec. 157.265. ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
51-15 SUPPORT. (a) Interest accrues on delinquent child support at the
51-16 rate of 12 percent simple interest per year from the date the
51-17 support is delinquent until the date the support is paid or the
51-18 arrearages are confirmed and reduced to money judgment.
51-19 (b) Interest accrues on child support arrearages that have
51-20 been confirmed and reduced to money judgment as provided in this
51-21 subchapter at the rate of 12 percent simple interest per year from
51-22 the date the order is rendered until the date the judgment is paid.
51-23 (c) Interest accrues on a money judgment for retroactive or
51-24 lump-sum child support at the annual rate of 12 percent simple
51-25 interest from the date the order is rendered until the judgment is
51-26 paid.
51-27 SECTION 54. Subchapter F, Chapter 157, Family Code, as added
52-1 by House Bill 655, Acts of the 74th Legislature, Regular Session,
52-2 1995, is amended by adding Section 157.269 to read as follows:
52-3 Sec. 157.269. RETENTION OF JURISDICTION. A court that
52-4 renders an order providing for the payment of child support
52-5 arrearages retains jurisdiction until the arrearages are paid in
52-6 full as required by the court order.
52-7 SECTION 55. Subchapter A, 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 158.011 to read as follows:
52-10 Sec. 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR. (a) An
52-11 obligor may file with the clerk of the court a notarized request
52-12 signed by the obligor and the obligee for the issuance and delivery
52-13 to the obligor's employer of a writ of withholding. A request may
52-14 be filed under this section regardless of whether a notice of
52-15 delinquency has been served on any party or of the existence or
52-16 amount of an arrearage.
52-17 (b) On receipt of a request under this section, the clerk
52-18 shall issue and deliver a writ of withholding in the manner
52-19 provided by this chapter.
52-20 (c) An employer that receives a writ of withholding issued
52-21 under this section may request a hearing in the same manner and
52-22 according to the same terms provided by Section 158.205.
52-23 (d) An obligor whose employer receives a writ of withholding
52-24 issued under this section may request a hearing in the manner
52-25 provided by Section 158.309.
52-26 (e) An obligee may contest a writ of withholding issued
52-27 under this section by requesting, not later than the 180th day
53-1 after the date on which the obligee discovers that the writ has
53-2 been issued, a hearing in the manner provided by Section 158.309.
53-3 (f) A writ of withholding under this section may not reduce
53-4 the total amount of child support, including arrearages, owed by
53-5 the obligor.
53-6 SECTION 56. Subchapter B, Chapter 158, Family Code, as added
53-7 by House Bill 655, Acts of the 74th Legislature, Regular Session,
53-8 1995, is amended by adding Section 158.107 to read as follows:
53-9 Sec. 158.107. FEES FOR ISSUING AND DELIVERING WRIT. The
53-10 clerk of the court may charge a fee in a reasonable amount set by
53-11 the clerk, not to exceed $15, for each writ issued and delivered
53-12 under this chapter to an employer by mail.
53-13 SECTION 57. Section 158.301(b), Family Code, as added by
53-14 House Bill 655, Acts of the 74th Legislature, Regular Session,
53-15 1995, is amended to read as follows:
53-16 (b) The notice of withholding may be filed in the court of
53-17 continuing jurisdiction by:
53-18 (1) the Title IV-D agency;
53-19 (2) the attorney representing the local domestic
53-20 relations office;
53-21 (3) the attorney appointed a friend of the court as
53-22 provided in Chapter 202; <or>
53-23 (4) the obligor or obligee; or
53-24 (5) a private attorney representing the obligor or
53-25 obligee.
53-26 SECTION 58. Section 158.303, Family Code, as added by House
53-27 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
54-1 amended to read as follows:
54-2 Sec. 158.303. INTERSTATE REQUEST FOR INCOME WITHHOLDING.
54-3 (a) In a Title IV-D case, the registration of a foreign support
54-4 order as provided in Chapter 159 <160> is sufficient for the filing
54-5 of a notice of withholding.
54-6 (b) The notice shall be filed with the clerk of the court
54-7 having venue as provided in Chapter 159 <160>.
54-8 (c) Notice of withholding may be delivered to the obligor at
54-9 the same time that an order is filed for registration under Chapter
54-10 159 <160>.
54-11 SECTION 59. Section 158.309(b), Family Code, as added by
54-12 House Bill 655, Acts of the 74th Legislature, Regular Session,
54-13 1995, is amended to read as follows:
54-14 (b) The court shall hold a hearing on the motion to stay not
54-15 later than the 30th day after the date the motion was filed, except
54-16 that a hearing on a motion to stay in a proceeding that is not in a
54-17 Title IV-D case may be held later than the 30th day after filing if
54-18 both the obligor and obligee agree and waive the right to have the
54-19 motion heard within 30 days.
54-20 SECTION 60. Subchapter D, Chapter 158, Family Code, as added
54-21 by House Bill 655, Acts of the 74th Legislature, Regular Session,
54-22 1995, is amended by adding Section 158.319 to read as follows:
54-23 Sec. 158.319. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
54-24 TO SUBSEQUENT EMPLOYER. (a) After the issuance of a writ of
54-25 withholding by the clerk, an attorney authorized to file a notice
54-26 of withholding under this subchapter may issue the writ of
54-27 withholding to a subsequent employer of the obligor by delivering
55-1 to the employer by certified mail a copy of the writ.
55-2 (b) The writ must include the name, address, and signature
55-3 of the attorney and clearly indicate that the writ is being issued
55-4 to a subsequent employer.
55-5 (c) The attorney shall file a copy of the writ with the
55-6 clerk not later than the third working day following delivery of
55-7 the writ to the subsequent employer. The attorney shall pay the
55-8 clerk a fee of $15 at the time the copy of the writ is filed.
55-9 (d) The attorney shall file the postal return receipt from
55-10 the delivery to the subsequent employer not later than the third
55-11 working day after the attorney receives the receipt.
55-12 SECTION 61. Subchapter E, Chapter 158, Family Code, as added
55-13 by House Bill 655, Acts of the 74th Legislature, Regular Session,
55-14 1995, is amended by adding new Sections 158.402 and 158.403 and
55-15 redesignating existing Sections 158.402 and 158.403 to read as
55-16 follows:
55-17 Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. If an obligor
55-18 and obligee agree on a reduction in or termination of child
55-19 support, the obligor and obligee may file a notarized request with
55-20 the clerk of the court under Section 158.011. The clerk shall
55-21 issue and deliver a writ of withholding to the obligor's employer
55-22 that reflects the agreed modification or the termination of
55-23 withholding.
55-24 Sec. 158.403. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
55-25 IN VOLUNTARY WITHHOLDING CASES. (a) If an obligor initiates
55-26 voluntary withholding under Section 158.011, the obligee or an
55-27 agency providing child support services may file with the clerk of
56-1 the court a notarized request signed by the obligor and the obligee
56-2 or agency, as appropriate, for the issuance and delivery to the
56-3 obligor of a:
56-4 (1) modified writ of withholding that reduces the
56-5 amount of withholding; or
56-6 (2) notice of termination of withholding.
56-7 (b) On receipt of a request under this section, the clerk
56-8 shall issue and deliver a modified writ of withholding or notice of
56-9 termination in the manner provided by Section 158.402.
56-10 (c) The clerk may charge a reasonable fee not to exceed $15
56-11 for filing the request.
56-12 (d) An obligee may contest a modified writ of withholding or
56-13 notice of termination issued under this section by requesting a
56-14 hearing in the manner provided by Section 158.309 not later than
56-15 the 180th day after the date the obligee discovers that the writ or
56-16 notice has been issued.
56-17 Sec. 158.404 <158.402>. DELIVERY OF ORDER OF REDUCTION OR
56-18 TERMINATION OF WITHHOLDING. If a court has rendered an order that
56-19 reduces the amount of child support to be withheld or terminates
56-20 withholding for child support, any person or governmental entity
56-21 may deliver to the employer a certified copy of the order without
56-22 the requirement that the clerk of the court deliver the order.
56-23 Sec. 158.405 <158.403>. LIABILITY OF EMPLOYERS. The
56-24 provisions of this chapter regarding the liability of employers for
56-25 withholding apply to an order that reduces or terminates
56-26 withholding.
56-27 SECTION 62. Section 160.101, Family Code, as added by House
57-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
57-2 amended to read as follows:
57-3 Sec. 160.101. DENIAL OF PATERNITY. (a) The presumption
57-4 that a <A> man <who> is the biological <a presumed> father of a
57-5 child under Chapter 151 may be contested by:
57-6 (1) <,> the biological mother of the child;
57-7 (2) a man presumed to be the father of the child, who
57-8 may contest his own or another man's presumed paternity;
57-9 (3) a man alleging himself to be the biological father
57-10 of the child; or
57-11 (4) <, or> a governmental entity, authorized agency,
57-12 or a licensed child-placing agency <is entitled in a suit to deny a
57-13 presumed father's paternity of the child>.
57-14 (b) A contest <The question> of paternity <under this
57-15 section> must be raised by an express statement denying paternity
57-16 of the child in a party's pleadings in the suit, without regard to
57-17 whether the presumed father or biological mother is a petitioner or
57-18 respondent.
57-19 (c) <(b)> In a suit in which a question of paternity is
57-20 raised <under this section>, the court shall conduct the pretrial
57-21 proceedings and order scientifically accepted paternity testing as
57-22 <required in a suit> provided by this chapter.
57-23 SECTION 63. Section 160.110, Family Code, as added by House
57-24 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
57-25 amended by amending Subsection (a) and adding Subsections (d)-(h)
57-26 to read as follows:
57-27 (a) In a suit in which there is a presumption of parentage
58-1 under Chapter 151, the party denying a presumed father's paternity
58-2 of the child has the burden of rebutting the presumption of
58-3 paternity by clear and convincing evidence.
58-4 (d) The court shall dismiss with prejudice a claim regarding
58-5 a presumed father whose paternity is excluded by scientifically
58-6 accepted paternity testing.
58-7 (e) If two or more presumptions are in conflict, the
58-8 presumption that is founded on the weightier considerations of
58-9 policy and logic controls. The court shall find that the weightier
58-10 presumption of paternity is that of a presumed father who is not
58-11 excluded as the biological father of the child by scientifically
58-12 accepted paternity testing that shows that at least 99 percent of
58-13 the male population is excluded.
58-14 (f) The court shall dismiss a suit contesting a presumption
58-15 of paternity filed by a man who is not a presumed father, but who
58-16 alleges himself to be the biological father of a child, if:
58-17 (1) the suit is filed after the second anniversary of
58-18 the later of:
58-19 (A) the date of birth of the child; or
58-20 (B) the time the presumption of paternity came
58-21 into existence after the child was born; and
58-22 (2) the presumed father:
58-23 (A) has resided in the same household as the
58-24 child in a father-child relationship or has established a
58-25 father-child relationship with the child through his other actions;
58-26 and
58-27 (B) requests an order designating him as the
59-1 father of the child.
59-2 (g) A suit contesting a presumption that a man is the
59-3 biological father of a child may be filed at any time during the
59-4 minority of the child by:
59-5 (1) the biological mother of the child;
59-6 (2) a presumed father; or
59-7 (3) a governmental entity, authorized agency, or
59-8 licensed child-placing agency.
59-9 (h) If a presumption of paternity is rebutted, the court
59-10 shall enter an order finding that the man presumed to be the father
59-11 of the child is not the biological father.
59-12 SECTION 64. Subchapter C, Chapter 160, Family Code, as added
59-13 by House Bill 655, Acts of the 74th Legislature, Regular Session,
59-14 1995, is amended to read as follows:
59-15 SUBCHAPTER C. VOLUNTARY PATERNITY
59-16 Sec. 160.201. VOLUNTARY PATERNITY. (a) If a statement of
59-17 paternity has been executed by a man claiming to be the biological
59-18 father of a child who has no presumed father, he, the mother of the
59-19 child, or the child through a representative authorized by the
59-20 court or a governmental entity may file a petition for an order
59-21 adjudicating him as a parent of the child. The statement of
59-22 paternity must be attached to or filed with the petition.
59-23 (b) The court shall render an order ajudicating the child to
59-24 be the biological child of the child's father and the father to be
59-25 a parent of the child if the court finds that the statement of
59-26 paternity was executed as provided by this chapter, and the facts
59-27 stated are true.
60-1 (c) A suit for voluntary paternity may be joined with a suit
60-2 for termination under Chapter 161.
60-3 Sec. 160.202. STATEMENT OF PATERNITY. (a) The statement of
60-4 paternity authorized to be used by this subchapter must:
60-5 (1) be in writing;
60-6 (2) be signed by the man alleging himself to be the
60-7 father of the child;
60-8 (3) state whether the man alleging himself to be the
60-9 father is a minor; and
60-10 (4) clearly state that the man signing the statement
60-11 acknowledges the child as his biological child.
60-12 (b) The statement may include a waiver of citation in a suit
60-13 to establish the parent-child relationship and <but> may <not>
60-14 include a waiver of the right to notice of the proceedings.
60-15 (c) The statement must be executed before a person
60-16 authorized to administer oaths under the laws of this state.
60-17 (d) The statement may be signed before the birth of the
60-18 child.
60-19 (e) The statement must include the social security number of
60-20 the father.
60-21 Sec. 160.203. EFFECT OF STATEMENT OF PATERNITY. (a) A
60-22 statement of paternity executed as provided by this subchapter is
60-23 prima facie evidence that the child is the child of the person
60-24 executing the statement and that the person has an obligation to
60-25 support the child.
60-26 (b) If an alleged father's address is unknown or he is
60-27 outside the jurisdiction of the court at the time a suit is
61-1 instituted under this subchapter, his statement of paternity, in
61-2 the absence of controverting evidence, is sufficient for the court
61-3 to render an order establishing his paternity of the child.
61-4 Sec. 160.204. <NOTICE AFTER WAIVER OF SERVICE. If the
61-5 respondent does not answer or appear after signing a waiver of
61-6 service of process as authorized by this subchapter, notice of the
61-7 proceedings shall be given to the respondent by first class mail
61-8 sent to the address supplied in the waiver. The waiver shall be
61-9 valid in a suit filed on or before the first anniversary of the
61-10 date of signing.>
61-11 <Sec. 160.205.> DISPUTED PARENTAGE. If the paternity of the
61-12 child is uncertain or is disputed by a party in a suit filed under
61-13 this subchapter, the provisions of Subchapter B apply.
61-14 Sec. 160.205 <Sec. 160.206>. VALIDATION OF PRIOR STATEMENTS.
61-15 A statement acknowledging paternity or an obligation to support a
61-16 child that was signed by the father before January 1, 1974, is
61-17 valid and binding even though the statement is not executed as
61-18 provided by this subchapter.
61-19 SECTION 65. Section 161.001, Family Code, as added by House
61-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
61-21 amended to read as follows:
61-22 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
61-23 RELATIONSHIP. The court may order termination of the parent-child
61-24 relationship if the court finds by clear and convincing evidence
61-25 <that>:
61-26 (1) that the parent has:
61-27 (A) voluntarily left the child alone or in the
62-1 possession of another not the parent and expressed an intent not to
62-2 return;
62-3 (B) voluntarily left the child alone or in the
62-4 possession of another not the parent without expressing an intent
62-5 to return, without providing for the adequate support of the child,
62-6 and remained away for a period of at least three months;
62-7 (C) voluntarily left the child alone or in the
62-8 possession of another without providing adequate support of the
62-9 child and remained away for a period of at least six months;
62-10 (D) knowingly placed or knowingly allowed the
62-11 child to remain in conditions or surroundings which endanger the
62-12 physical or emotional well-being of the child;
62-13 (E) engaged in conduct or knowingly placed the
62-14 child with persons who engaged in conduct which endangers the
62-15 physical or emotional well-being of the child;
62-16 (F) failed to support the child in accordance
62-17 with his ability during a period of one year ending within six
62-18 months of the date of the filing of the petition;
62-19 (G) abandoned the child without identifying the
62-20 child or furnishing means of identification, and the child's
62-21 identity cannot be ascertained by the exercise of reasonable
62-22 diligence;
62-23 (H) voluntarily, and with knowledge of the
62-24 pregnancy, abandoned the mother of the child beginning at a time
62-25 during her pregnancy with the child and continuing through the
62-26 birth, failed to provide adequate support or medical care for the
62-27 mother during the period of abandonment before the birth of the
63-1 child, and remained apart from the child or failed to support the
63-2 child since the birth;
63-3 (I) contumaciously refused to submit to a
63-4 reasonable and lawful order of a court under Chapter 264;
63-5 (J) been the major cause of:
63-6 (i) the failure of the child to be
63-7 enrolled in school as required by the Education Code; or
63-8 (ii) the child's absence from the child's
63-9 home without the consent of the parents or guardian for a
63-10 substantial length of time or without the intent to return;
63-11 (K) executed before or after the suit is filed
63-12 an unrevoked or irrevocable affidavit of relinquishment of parental
63-13 rights as provided by this chapter;
63-14 (L) been adjudicated to be criminally
63-15 responsible for the death or serious injury of a child <another of
63-16 his or her children>; <or>
63-17 (M) had his or her parent-child relationship
63-18 terminated with respect to another child based on a finding that
63-19 the parent's conduct was in violation of Paragraph (D) or (E); or
63-20 (N) constructively abandoned the child who has
63-21 been in the permanent or temporary managing conservatorship of the
63-22 Department of Protective and Regulatory Services or an authorized
63-23 agency for not less than one year, and:
63-24 (i) the department or authorized agency
63-25 has made reasonable efforts to return the child to the parent;
63-26 (ii) the parent has not visited or
63-27 maintained contact with the child; and
64-1 (iii) the parent has demonstrated an
64-2 inability to provide the child with a safe environment; and
64-3 (2) that termination is in the best interest of the
64-4 child.
64-5 SECTION 66. Section 161.002(b), Family Code, as added by
64-6 House Bill 655, Acts of the 74th Legislature, Regular Session,
64-7 1995, is amended to read as follows:
64-8 (b) The rights of an alleged biological father may be
64-9 terminated if, after being served with citation, he does not
64-10 respond by timely filing an admission of paternity or a
64-11 counterclaim for paternity under Chapter 160 <159> prior to the
64-12 final hearing in the suit.
64-13 SECTION 67. Section 161.003(a), Family Code, as added by
64-14 House Bill 655, Acts of the 74th Legislature, Regular Session,
64-15 1995, is amended to read as follows:
64-16 (a) The court may order termination of the parent-child
64-17 relationship in a suit filed by the Department of Protective and
64-18 Regulatory Services if the court finds that:
64-19 (1) the parent has a mental or emotional illness or a
64-20 mental deficiency that renders the parent unable to provide for the
64-21 physical, emotional, and mental needs of the child;
64-22 (2) the illness or deficiency, in all reasonable
64-23 probability, proved by clear and convincing evidence, will continue
64-24 to render the parent unable to provide for the child's needs until
64-25 the 18th birthday of the child;
64-26 (3) the department has been the temporary or sole
64-27 <permanent> managing conservator of the child of the parent for the
65-1 six months preceding the filing of the petition; <and>
65-2 (4) the department has made reasonable efforts to
65-3 return the child to the parent; and
65-4 (5) the termination is in the best interest of the
65-5 child.
65-6 SECTION 68. Section 161.005, Family Code, as added by House
65-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
65-8 amended to read as follows:
65-9 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A
65-10 parent may file a suit for termination of the petitioner's
65-11 parent-child relationship. The court may order termination if
65-12 termination is in the best interest of the child.
65-13 (b) If the petition designates the Department of Protective
65-14 and Regulatory Services as managing conservator, the department
65-15 shall be given service of citation. The court shall notify the
65-16 department if the court appoints the department as the managing
65-17 conservator of the child.
65-18 SECTION 69. Section 161.103(a), Family Code, as added by
65-19 House Bill 655, Acts of the 74th Legislature, Regular Session,
65-20 1995, is amended to read as follows:
65-21 (a) An affidavit for voluntary relinquishment of parental
65-22 rights must be:
65-23 (1) signed after the birth of the child, but not
65-24 before 48 hours after the birth of the child, by the parent,
65-25 whether or not a minor, whose parental rights are to be
65-26 relinquished;
65-27 (2) witnessed by two credible persons; and
66-1 (3) verified before a person authorized to take oaths.
66-2 SECTION 70. Section 161.104, Family Code, as added by House
66-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
66-4 amended to read as follows:
66-5 Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
66-6 PENDING COURT APPOINTMENT. A person, licensed child-placing
66-7 agency, or authorized agency designated managing conservator of a
66-8 child in an irrevocable or unrevoked affidavit of relinquishment
66-9 has a right to possession of the child superior to the right of the
66-10 person executing the affidavit, the right to consent to medical,
66-11 <and> surgical, dental, and psychological treatment of the child,
66-12 and the rights and duties given by Chapter 153 to a possessory
66-13 conservator until such time as these rights and duties are modified
66-14 or terminated by court order.
66-15 SECTION 71. Section 161.107(d), Family Code, as added by
66-16 House Bill 655, Acts of the 74th Legislature, Regular Session,
66-17 1995, is amended to read as follows:
66-18 (d) If the department is not able to locate a missing parent
66-19 or a relative of that parent and sufficient information is
66-20 available concerning the physical whereabouts of the parent or
66-21 relative, the department shall request the state agency designated
66-22 to administer a statewide plan for child support to use the
66-23 parental locator service established under 42 U.S.C. Section 653 to
66-24 determine the location of the missing parent or relative.
66-25 SECTION 72. Section 161.206(a), Family Code, as added by
66-26 House Bill 655, Acts of the 74th Legislature, Regular Session,
66-27 1995, is amended to read as follows:
67-1 (a) If the court finds grounds for termination of the
67-2 parent-child relationship by clear and convincing evidence, it
67-3 shall render an order terminating the parent-child relationship.
67-4 SECTION 73. Section 162.003, Family Code, as added by H.B.
67-5 655, Acts of the 74th Legislature, Regular Session, 1995, is
67-6 amended to read as follows:
67-7 Sec. 162.003. SOCIAL STUDY. (a) In a suit for adoption,
67-8 including a suit in which a private agency or individual is
67-9 responsible for placing the child for adoption, the court shall
67-10 order a social study as provided in Chapter 107.
67-11 (b) The social study required by this section must include a
67-12 complete investigation of the circumstances and condition of the
67-13 home of a person petitioning for the adoption of a child under this
67-14 chapter.
67-15 (c) The court shall order that the cost of the social study
67-16 be paid by the person seeking to adopt the child who is the subject
67-17 of the social study.
67-18 SECTION 74. Section 162.004, Family Code, as added by H.B.
67-19 655, Acts of the 74th Legislature, Regular Session, 1995, is
67-20 amended to read as follows:
67-21 Sec. 162.004. TIME FOR HEARING. (a) The court shall set
67-22 the date for the hearing on the adoption at a time not before the
67-23 40th day or later than the 60th day after the later of the date the
67-24 social study is ordered or the date criminal history record
67-25 information is requested under Section 162.0085.
67-26 (b) For good cause shown, the court may set the hearing at
67-27 any date after the report is filed and the court has been notified
68-1 of the criminal history record information for a person seeking to
68-2 adopt the child <time that provides adequate time for filing the
68-3 social study>.
68-4 SECTION 75. Subchapter A, Chapter 162, Family Code, as added
68-5 by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
68-6 is amended by adding Section 162.0085 to read as follows:
68-7 Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a) In a
68-8 suit affecting the parent-child relationship in which an adoption
68-9 is sought, the court shall order each person seeking to adopt the
68-10 child to obtain that person's own criminal history record
68-11 information.
68-12 (b) A person required to obtain information under Subsection
68-13 (a) shall obtain the information in the manner provided by Section
68-14 411.128, Government Code.
68-15 SECTION 76. Section 162.010(a), Family Code, as added by
68-16 House Bill 655, Acts of the 74th Legislature, Regular Session,
68-17 1995, is amended to read as follows:
68-18 (a) Unless the managing conservator is the petitioner, the
68-19 written consent of a managing conservator to the adoption must be
68-20 filed. The court may waive the requirement of consent by the
68-21 managing conservator if the court finds that the consent is being
68-22 refused or has been revoked without good cause. A hearing on the
68-23 issue of consent shall be conducted by the court without a jury.
68-24 SECTION 77. Section 162.015, Family Code, as added by House
68-25 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
68-26 amended to read as follows:
68-27 Sec. 162.015. RACE OR ETHNICITY. (a) In determining the
69-1 best interest of the child, the court may not deny or delay the
69-2 adoption or otherwise discriminate on the basis of race or
69-3 ethnicity of the child or the prospective adoptive parents.
69-4 (b) This section does not apply to a person, entity, tribe,
69-5 organization, or child custody proceeding subject to the Indian
69-6 Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). In
69-7 this subsection "child custody proceeding" has the meaning provided
69-8 by 25 U.S.C. Section 1903.
69-9 SECTION 78. Section 162.021(b), Family Code, as added by
69-10 House Bill 655, Acts of the 74th Legislature, Regular Session,
69-11 1995, is amended to read as follows:
69-12 (b) Rendition of the order does not relieve the clerk from
69-13 the duty to send information regarding <the files or petitions and
69-14 decrees of> adoption to the bureau of vital statistics <department>
69-15 as required by this subchapter and Chapter 108.
69-16 SECTION 79. Sections 162.405(b)-(g), Family Code, as added
69-17 by House Bill 655, Acts of the 74th Legislature, Regular Session,
69-18 1995, are amended to read as follows:
69-19 (b) <The clerk of the court in which an adoption is granted
69-20 shall, on or before the 10th day of the first month after the month
69-21 in which the adoption is granted, transmit to the administrator of
69-22 the central registry a report of adoption with respect to each
69-23 adoption granted. The report must include the following
69-24 information:>
69-25 <(1) the name of the adopted child after adoption as
69-26 shown in the final adoption decree;>
69-27 <(2) the birth date of the adopted child;>
70-1 <(3) the docket number of the adoption suit;>
70-2 <(4) the identity of the court granting the adoption;>
70-3 <(5) the date of the final adoption decree;>
70-4 <(6) the name and address of each parent, guardian,
70-5 managing conservator, or other person whose consent to adoption was
70-6 required or waived under Section 162.010 or whose parental rights
70-7 were terminated in the adoption suit;>
70-8 <(7) the identity of the authorized agency, if any,
70-9 through which the adopted child was placed for adoption; and>
70-10 <(8) the identity, address, and telephone number of
70-11 the registry through which the adopted child may register as an
70-12 adoptee.>
70-13 <(c)> An authorized agency may file with the administrator
70-14 of the central registry a report of adoption with respect to any
70-15 person adopted during the person's minority before January 1, 1984.
70-16 The report may include:
70-17 (1) the name of the adopted child after adoption as
70-18 shown in the final adoption decree;
70-19 (2) the birth date of the adopted child;
70-20 (3) the docket number of the adoption suit;
70-21 (4) the identity of the court granting the adoption;
70-22 (5) the date of the final adoption decree;
70-23 (6) the identity of the agency, if any, through which
70-24 the adopted child was placed; and
70-25 (7) the identity, address, and telephone number of the
70-26 registry through which the adopted child may register as an
70-27 adoptee.
71-1 (c) <(d)> On receiving an inquiry by an adoptee who has
71-2 provided satisfactory proof of age and identity and paid all
71-3 required inquiry fees, the administrator of the central registry
71-4 shall review the information on file in the central index. If the
71-5 index reveals that the adoptee was not placed for adoption through
71-6 an authorized agency, the administrator of the central registry
71-7 shall issue the adoptee an official certificate stating that the
71-8 adoptee is entitled to apply for registration through the central
71-9 registry. If the index identifies an authorized agency through
71-10 which the adoptee was placed for adoption, the administrator of the
71-11 central registry shall determine the identity of the registry
71-12 through which the adoptee may register. If the administrator of
71-13 the central registry cannot determine from the index whether the
71-14 adoptee was placed for adoption through an authorized agency, the
71-15 administrator of the central registry shall determine the identity
71-16 of the registry with which the adoptee may register.
71-17 (d) <(e)> Each administrator shall, not later than the 30th
71-18 day after the date of receiving an inquiry from the administrator
71-19 of the central registry, respond in writing to the inquiry that the
71-20 registrant was not placed for adoption by an agency served by that
71-21 registry or that the registrant was placed for adoption by an
71-22 agency served by that registry. If the registrant was placed for
71-23 adoption by an agency served by the registry, the administrator
71-24 shall file a report with the administrator of the central registry
71-25 including the information described by Subsections (b) <(c)>
71-26 (1)-(6).
71-27 (e) <(f)> After completing the investigation, the
72-1 administrator of the central registry shall issue an official
72-2 certificate stating:
72-3 (1) the identity of the registry through which the
72-4 adoptee may apply for registration, if known; or
72-5 (2) if the administrator cannot make a conclusive
72-6 determination, that the adoptee is entitled to apply for
72-7 registration through the central registry and is entitled to apply
72-8 for registration through other registries created under this
72-9 subchapter.
72-10 (f) <(g)> On receiving an inquiry by a birth parent who has
72-11 provided satisfactory proof of identity and age and paid all
72-12 required inquiry fees, the administrator of the central registry
72-13 shall review the information on file in the central index and
72-14 consult with the administrators of other registries in the state in
72-15 order to determine the identity of the appropriate registry or
72-16 registries through which the birth parent may register. Each
72-17 administrator shall, not later than the 30th day after the date of
72-18 receiving an inquiry from the administrator of the central
72-19 registry, respond in writing to the inquiry. After completing the
72-20 investigation, the administrator of the central registry shall
72-21 provide the birth parent with a written statement either
72-22 identifying the name, address, and telephone number of each
72-23 registry through which registration would be appropriate or stating
72-24 that after diligent inquiry the administrator cannot determine the
72-25 specific registry or registries through which registration would be
72-26 appropriate.
72-27 SECTION 80. Subchapter B, Chapter 201, Family Code, as added
73-1 by House Bill 655, Acts of the 74th Legislature, Regular Session,
73-2 1995, is amended by adding Section 201.111 to read as follows:
73-3 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT. (a) Except
73-4 as provided by Subsection (b), not later than the 30th day after
73-5 the date a master's report is filed, the referring court shall:
73-6 (1) adopt, approve, or reject the master's report;
73-7 (2) hear further evidence; or
73-8 (3) recommit the matter for further proceedings.
73-9 (b) The time limit in Subsection (a) does not apply if a
73-10 party has filed a written notice of appeal to the referring court.
73-11 SECTION 81. Section 202.002(c), Family Code, as added by
73-12 House Bill 655, Acts of the 74th Legislature, Regular Session,
73-13 1995, is amended to read as follows:
73-14 (c) A friend of the court may file a notice of delinquency
73-15 and a request for a writ of income withholding under Chapter 158
73-16 <19> in order to enforce a child support order.
73-17 SECTION 82. Section 231.006, Family Code, as added by House
73-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
73-19 amended to read as follows:
73-20 Sec. 231.006. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
73-21 OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS. (a) A child support
73-22 obligor who is more than 30 days delinquent in paying child support
73-23 and a business entity in which the obligor is a sole proprietor,
73-24 partner, shareholder, or owner with an ownership interest of at
73-25 least 25 percent is not eligible to:
73-26 (1) receive payments from state funds under <submit a
73-27 bid or enter into> a contract to provide property, materials, or
74-1 services <under a contract with the state>; or
74-2 (2) receive a state-funded grant or loan.
74-3 (b) <A sole proprietorship, partnership, corporation, or
74-4 other entity in which a sole proprietor, partner, majority
74-5 shareholder, or substantial owner is a delinquent obligor who is
74-6 ineligible to bid on a state contract as provided by this section
74-7 may not bid on a state contract.>
74-8 <(c)> A child support obligor or business entity ineligible
74-9 to receive payments under Subsection (a) remains ineligible <to
74-10 submit a bid on or enter into a state contract or apply for a
74-11 state-funded grant or loan as provided by this section> until:
74-12 (1) all arrearages have been paid; or
74-13 (2) the obligor is in compliance with a written
74-14 repayment agreement or court order as to any existing delinquency.
74-15 (c) A bid or an application for a contract, grant, or loan
74-16 paid from state funds must include the name and social security
74-17 number of the individual or sole proprietor and each partner,
74-18 shareholder, or owner with an ownership interest of at least 25
74-19 percent of the business entity submitting the bid or application.
74-20 (d) A contract, bid, or application subject to the
74-21 requirements of this section must include the following statement:
74-22 "Under Section 231.006, Family Code, the vendor or applicant
74-23 certifies that the individual or business entity named in this
74-24 contract, bid, or application is not ineligible to receive the
74-25 specified grant, loan, or payment and acknowledges that this
74-26 contract may be terminated and payment may be withheld if this
74-27 certification is inaccurate."
75-1 (e) If a state agency determines that an individual or
75-2 business entity holding a state contract is ineligible to receive
75-3 payment under Subsection (a), the contract may be terminated.
75-4 (f) If the certificate required under Subsection (d) is
75-5 shown to be false, the vendor is liable to the state for attorney's
75-6 fees, the costs necessary to complete the contract, including the
75-7 cost of advertising and awarding a second contract, and any other
75-8 damages provided by law or contract.
75-9 (g) This section does not create a cause of action to
75-10 contest a bid or award of a state grant, loan, or contract. This
75-11 section does not impose a duty on the Title IV-D agency to collect
75-12 information to send to the comptroller to withhold a payment to a
75-13 business entity. The Title IV-D agency and other affected agencies
75-14 are encouraged to develop a system by which the Title IV-D agency
75-15 may identify a business entity that is ineligible to receive a
75-16 state payment under Subsection (a) and to ensure that a state
75-17 payment to the entity is not made. This system should be
75-18 implemented using existing funds and only if the Title IV-D agency,
75-19 comptroller, and other affected agencies determine that it will be
75-20 cost-effective.
75-21 (h) This section does not apply to a contract between
75-22 governmental entities.
75-23 (i) <(d) Each bidder for a state contract or applicant for a
75-24 state-funded loan or grant as provided by this section shall submit
75-25 a signed, sworn statement accompanying any bid or application for a
75-26 grant or loan affirming that the bidder or applicant is not more
75-27 than 30 days delinquent in providing child support under a court
76-1 order or a written repayment agreement.>
76-2 <(e)> The Title IV-D agency <and the General Services
76-3 Commission> may adopt rules or prescribe forms to implement any
76-4 provision of this section.
76-5 SECTION 83. Section 231.007(g), Family Code, as added by
76-6 House Bill 655, Acts of the 74th Legislature, Regular Session,
76-7 1995, is amended to read as follows:
76-8 (g) The amount of weekly workers' compensation benefits that
76-9 may be withheld or assigned under this section may not exceed the
76-10 percentage of the person's benefits that would apply if the
76-11 benefits equalled the person's monthly net resources as provided by
76-12 Chapter 154 <15>, except that in no event may more than 50 percent
76-13 of the person's weekly compensation benefits be withheld or
76-14 assigned.
76-15 SECTION 84. Section 231.302, Family Code, as added by House
76-16 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
76-17 amended by adding Subsections (c), (d), (e), and (f) to read as
76-18 follows:
76-19 (c) To assist in the administration of laws relating to
76-20 child support enforcement under Parts A and D of Title IV of the
76-21 federal Social Security Act (42 U.S.C. Sections 601-617 and
76-22 651-669):
76-23 (1) each licensing authority shall request and each
76-24 applicant for a license shall provide the applicant's social
76-25 security number;
76-26 (2) each agency administering a contract that provides
76-27 for a payment of state funds shall request and each individual or
77-1 entity bidding on a state contract shall provide the individual's
77-2 or entity's social security number as required by Section 231.006,
77-3 Family Code; and
77-4 (3) each agency administering a state-funded grant or
77-5 loan program shall request and each applicant for a grant or loan
77-6 shall provide the applicant's social security number as required by
77-7 Section 231.006, Family Code.
77-8 (d) This section does not limit the right of an agency or
77-9 licensing authority to collect and use a social security number
77-10 under another provision of law.
77-11 (e) Except as provided by Subsection (d), a social security
77-12 number provided under this section is confidential and may be
77-13 disclosed only for the purposes of responding to a request for
77-14 information from an agency operating under the provisions of Parts
77-15 A and D of Title IV of the federal Social Security Act (42 U.S.C.
77-16 Sections 601-617 and 651-669).
77-17 (f) Information collected by the Title IV-D agency under
77-18 this section may be used only for child support purposes.
77-19 SECTION 85. Subtitle D, Title 5, Family Code, as added by
77-20 House Bill 655, Acts of the 74th Legislature, Regular Session,
77-21 1995, is amended by adding Chapter 232 to read as follows:
77-22 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE
77-23 TO PAY CHILD SUPPORT
77-24 Sec. 232.001. DEFINITIONS. In this chapter:
77-25 (1) "License" means a license, certificate,
77-26 registration, permit, or other authorization that:
77-27 (A) is issued by a licensing authority;
78-1 (B) is subject before expiration to suspension,
78-2 revocation, forfeiture, or termination by the issuing licensing
78-3 authority; and
78-4 (C) a person must obtain to:
78-5 (i) practice or engage in a particular
78-6 business, occupation, or profession;
78-7 (ii) operate a motor vehicle; or
78-8 (iii) engage in any other regulated
78-9 activity, including hunting, fishing, or other recreational
78-10 activity for which a license or permit is required.
78-11 (2) "Licensing authority" means a department,
78-12 commission, board, office, or other agency of the state or a
78-13 political subdivision of the state that issues a license.
78-14 (3) "Order suspending license" means an order issued
78-15 by the Title IV-D agency or a court directing a licensing authority
78-16 to suspend a license.
78-17 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
78-18 following state agencies are licensing authorities subject to this
78-19 chapter:
78-20 (1) Department of Agriculture;
78-21 (2) Texas Commission on Alcohol and Drug Abuse;
78-22 (3) Texas Alcoholic Beverage Commission;
78-23 (4) Texas Appraiser Licensing and Certification Board;
78-24 (5) Texas Board of Architectural Examiners;
78-25 (6) State Board of Barber Examiners;
78-26 (7) Texas Board of Chiropractic Examiners;
78-27 (8) Comptroller of Public Accounts;
79-1 (9) Texas Cosmetology Commission;
79-2 (10) Court Reporters Certification Board;
79-3 (11) State Board of Dental Examiners;
79-4 (12) Texas State Board of Examiners of Dietitians;
79-5 (13) Texas Funeral Service Commission;
79-6 (14) Texas Department of Health;
79-7 (15) Texas Board of Professional Land Surveying;
79-8 (16) Texas Department of Licensing and Regulation;
79-9 (17) Texas State Board of Examiners of Marriage and
79-10 Family Therapists;
79-11 (18) Texas State Board of Medical Examiners;
79-12 (19) Midwifery Board;
79-13 (20) Texas Natural Resource Conservation Commission;
79-14 (21) Board of Nurse Examiners;
79-15 (22) Texas Board of Nursing Facility Administrators;
79-16 (23) Texas Board of Occupational Therapy Examiners;
79-17 (24) Texas Optometry Board;
79-18 (25) Parks and Wildlife Department;
79-19 (26) Texas State Board of Examiners of Perfusionists;
79-20 (27) Texas State Board of Pharmacy;
79-21 (28) Texas Board of Physical Therapy Examiners;
79-22 (29) Texas State Board of Plumbing Examiners;
79-23 (30) Texas State Board of Podiatry Examiners;
79-24 (31) Polygraph Examiners Board;
79-25 (32) Texas Board of Private Investigators and Private
79-26 Security Agencies;
79-27 (33) Texas State Board of Examiners of Professional
80-1 Counselors;
80-2 (34) State Board of Registration for Professional
80-3 Engineers;
80-4 (35) Department of Protective and Regulatory Services;
80-5 (36) Texas State Board of Examiners of Psychologists;
80-6 (37) Texas State Board of Public Accountancy;
80-7 (38) Department of Public Safety of the State of
80-8 Texas;
80-9 (39) Public Utility Commission of Texas;
80-10 (40) Railroad Commission of Texas;
80-11 (41) Texas Real Estate Commission;
80-12 (42) State Bar of Texas;
80-13 (43) Texas State Board of Social Worker Examiners;
80-14 (44) State Board of Examiners for Speech-Language
80-15 Pathology and Audiology;
80-16 (45) Texas Structural Pest Control Board;
80-17 (46) Board of Tax Professional Examiners;
80-18 (47) Secretary of State;
80-19 (48) Supreme Court of Texas;
80-20 (49) Texas Transportation Commission;
80-21 (50) State Board of Veterinary Medical Examiners;
80-22 (51) Board of Vocational Nurse Examiners;
80-23 (52) Texas Ethics Commission;
80-24 (53) Advisory Board of Athletic Trainers;
80-25 (54) State Committee of Examiners in the Fitting and
80-26 Dispensing of Hearing Instruments;
80-27 (55) Texas Board of Licensure for Professional Medical
81-1 Physicists; and
81-2 (56) Texas Department of Insurance.
81-3 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
81-4 IV-D agency may issue an order suspending a license as provided by
81-5 this chapter if an obligor:
81-6 (1) has an arrearage equal to or greater than the
81-7 total support due for 90 days under a support order;
81-8 (2) has been provided an opportunity to make payments
81-9 toward the child support arrearage under an agreed or court-ordered
81-10 repayment schedule; and
81-11 (3) has failed to comply with the repayment schedule.
81-12 Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A
81-13 child support agency or obligee may file a petition to suspend a
81-14 license.
81-15 (b) In a Title IV-D case, the petition shall be filed with
81-16 the Title IV-D agency.
81-17 (c) In a case other than a Title IV-D case, the petition
81-18 shall be filed in the court of continuing jurisdiction or the court
81-19 in which a child support order has been registered under Chapter
81-20 159.
81-21 (d) A proceeding in a case filed with the Title IV-D agency
81-22 under this chapter is governed by the contested case provisions of
81-23 Chapter 2001, Government Code, except that Section 2001.054 does
81-24 not apply to the proceeding. The director of the Title IV-D agency
81-25 is responsible for rendering a final decision in the contested case
81-26 proceeding.
81-27 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
82-1 this chapter must state that license suspension is required under
82-2 Section 232.003 and allege:
82-3 (1) the name and, if known, social security number of
82-4 the obligor;
82-5 (2) the type of license the obligor is believed to
82-6 hold and the name of the licensing authority; and
82-7 (3) the amount owed under the child support order, the
82-8 amount of support paid, and the amount of arrearages.
82-9 (b) A petition under this chapter may include as an
82-10 attachment a copy of the record of child support payments
82-11 maintained by the Title IV-D registry or local registry.
82-12 Sec. 232.006. NOTICE. (a) On the filing of a petition
82-13 under Section 232.004, the court or Title IV-D agency shall issue
82-14 to the obligor:
82-15 (1) notice of the obligor's right to a hearing before
82-16 the court or agency;
82-17 (2) notice of the deadline for requesting a hearing;
82-18 and
82-19 (3) a hearing request form if the proceeding is in a
82-20 Title IV-D case.
82-21 (b) Notice under this section may be served as in civil
82-22 cases generally.
82-23 (c) The notice must state that an order suspending license
82-24 shall be rendered on the 60th day after the date of service of the
82-25 notice unless by that date:
82-26 (1) the court or Title IV-D agency receives proof that
82-27 all arrearages and the current month's child support obligation
83-1 have been paid;
83-2 (2) the child support agency or obligee files a
83-3 certification that the obligor is in compliance with a reasonable
83-4 repayment schedule; or
83-5 (3) the obligor appears at a hearing before the court
83-6 or Title IV-D agency and shows that the request for suspension
83-7 should be denied or stayed.
83-8 Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a)
83-9 A request for a hearing and motion to stay suspension must be filed
83-10 with the court or Title IV-D agency by the obligor not later than
83-11 the 20th day after the date of service of the notice under Section
83-12 232.006.
83-13 (b) If a request for a hearing is filed, the court or Title
83-14 IV-D agency shall:
83-15 (1) promptly schedule a hearing;
83-16 (2) notify each party of the date, time, and location
83-17 of the hearing; and
83-18 (3) stay suspension pending the hearing.
83-19 (c) A record of child support payments made by the Title
83-20 IV-D agency or a local registry is evidence of whether the payments
83-21 were made. A copy of the record appearing regular on its face
83-22 shall be admitted as evidence at a hearing under this chapter,
83-23 including a hearing on a motion to revoke a stay. Either party may
83-24 offer controverting evidence.
83-25 Sec. 232.008. ORDER SUSPENDING LICENSE. (a) On making the
83-26 findings required by Section 232.003, the court or Title IV-D
83-27 agency shall render an order suspending the license unless the
84-1 obligor proves that all arrearages and the current month's support
84-2 have been paid.
84-3 (b) The court or Title IV-D agency may stay an order
84-4 suspending a license conditioned on the obligor's compliance with a
84-5 reasonable repayment schedule that is incorporated in the order.
84-6 An order suspending a license with a stay of the suspension may not
84-7 be served on the licensing authority unless the stay is revoked as
84-8 provided by this chapter.
84-9 (c) A final order suspending license rendered by a court or
84-10 the Title IV-D agency shall be forwarded to the appropriate
84-11 licensing authority.
84-12 (d) If the court or Title IV-D agency renders an order
84-13 suspending license, the obligor may also be ordered not to engage
84-14 in the licensed activity.
84-15 (e) If the court or Title IV-D agency finds that the
84-16 petition for suspension should be denied, the petition shall be
84-17 dismissed without prejudice, and an order suspending license may
84-18 not be rendered.
84-19 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
84-20 shall consider the allegations of the petition for suspension to be
84-21 admitted and shall render an order suspending license if the
84-22 obligor fails to:
84-23 (1) respond to a notice issued under Section 232.006;
84-24 (2) request a hearing; or
84-25 (3) appear at a hearing.
84-26 Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An
84-27 order issued by a Title IV-D agency under this chapter is a final
85-1 agency decision and is subject to review under the substantial
85-2 evidence rule as provided by Chapter 2001, Government Code.
85-3 Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On
85-4 receipt of a final order suspending license, the licensing
85-5 authority shall immediately determine if the authority has issued a
85-6 license to the obligor named on the order and, if a license has
85-7 been issued:
85-8 (1) record the suspension of the license in the
85-9 licensing authority's records;
85-10 (2) report the suspension as appropriate; and
85-11 (3) demand surrender of the suspended license if
85-12 required by law for other cases in which a license is suspended.
85-13 (b) A licensing authority shall implement the terms of a
85-14 final order suspending license without additional review or
85-15 hearing. The authority may provide notice as appropriate to the
85-16 license holder or to others concerned with the license.
85-17 (c) A licensing authority may not modify, remand, reverse,
85-18 vacate, or stay an order suspending license issued under this
85-19 chapter and may not review, vacate, or reconsider the terms of a
85-20 final order suspending license.
85-21 (d) An obligor who is the subject of a final order
85-22 suspending license is not entitled to a refund for any fee or
85-23 deposit paid to the licensing authority.
85-24 (e) An obligor who continues to engage in the business,
85-25 occupation, profession, or other licensed activity after the
85-26 implementation of the order suspending license by the licensing
85-27 authority is liable for the same civil and criminal penalties
86-1 provided for engaging in the licensed activity without a license or
86-2 while a license is suspended that apply to any other license holder
86-3 of that licensing authority.
86-4 (f) A licensing authority is exempt from liability to a
86-5 license holder for any act authorized under this chapter performed
86-6 by the authority.
86-7 (g) Except as provided by this chapter, an order suspending
86-8 license or dismissing a petition for the suspension of a license
86-9 does not affect the power of a licensing authority to grant, deny,
86-10 suspend, revoke, terminate, or renew a license.
86-11 (h) The denial or suspension of a driver's license under
86-12 this chapter is governed by this chapter and not by the general
86-13 licensing provisions of Chapter 173, Acts of the 47th Legislature,
86-14 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
86-15 Statutes).
86-16 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
86-17 support enforcement agency, court, or Title IV-D agency may file a
86-18 motion to revoke the stay of an order suspending license if the
86-19 obligor does not comply with the terms of a reasonable repayment
86-20 plan entered into by the obligor.
86-21 (b) Notice to the obligor of a motion to revoke stay under
86-22 this section may be given by personal service or by mail to the
86-23 address provided by the obligor, if any, in the order suspending
86-24 license. The notice must include a notice of hearing. The notice
86-25 must be provided to the obligor not less than 10 days before the
86-26 date of the hearing.
86-27 (c) A motion to revoke stay must allege the manner in which
87-1 the obligor failed to comply with the repayment plan.
87-2 (d) If the court or Title IV-D agency finds that the obligor
87-3 is not in compliance with the terms of the repayment plan, the
87-4 court or agency shall revoke the stay of the order suspending
87-5 license and render a final order suspending license.
87-6 Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.
87-7 (a) The court or Title IV-D agency may render an order vacating or
87-8 staying an order suspending license if the obligor has paid all
87-9 delinquent child support or has established a satisfactory payment
87-10 record.
87-11 (b) The court or Title IV-D agency shall promptly deliver an
87-12 order vacating or staying an order suspending license to the
87-13 appropriate licensing authority.
87-14 (c) On receipt of an order vacating or staying an order
87-15 suspending license, the licensing authority shall promptly issue
87-16 the affected license to the obligor if the obligor is otherwise
87-17 qualified for the license.
87-18 (d) An order rendered under this section does not affect the
87-19 right of the child support agency or obligee to any other remedy
87-20 provided by law, including the right to seek relief under this
87-21 chapter. An order rendered under this section does not affect the
87-22 power of a licensing authority to grant, deny, suspend, revoke,
87-23 terminate, or renew a license as otherwise provided by law.
87-24 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
87-25 authority may charge a fee to an obligor who is the subject of an
87-26 order suspending license in an amount sufficient to recover the
87-27 administrative costs incurred by the authority under this chapter.
88-1 Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
88-2 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
88-3 each licensing authority the name, address, social security number,
88-4 license renewal date, and other identifying information for each
88-5 individual who holds, applies for, or renews a license issued by
88-6 the authority.
88-7 (b) A licensing authority shall provide the requested
88-8 information in the manner agreed to by the Title IV-D agency and
88-9 the licensing authority.
88-10 (c) The Title IV-D agency may enter into a cooperative
88-11 agreement with a licensing authority to administer this chapter in
88-12 a cost-effective manner.
88-13 (d) The Title IV-D agency may adopt a reasonable
88-14 implementation schedule for the requirements of this section.
88-15 (e) The Title IV-D agency, the comptroller, and the Texas
88-16 Alcoholic Beverage Commission shall by rule specify additional
88-17 prerequisites for the suspension of licenses relating to state
88-18 taxes collected under Title 2, Tax Code. The joint rules must be
88-19 adopted not later than March 1, 1996.
88-20 Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D
88-21 agency by rule shall prescribe forms and procedures for the
88-22 implementation of this chapter.
88-23 SECTION 86. Sections 261.001(1), (4), and (6), Family Code,
88-24 as added by House Bill 655, Acts of the 74th Legislature, Regular
88-25 Session, 1995, are amended to read as follows:
88-26 (1) "Abuse" includes the following acts or omissions
88-27 by a person:
89-1 (A) mental or emotional injury to a child that
89-2 results in an observable and material impairment in the child's
89-3 growth, development, or psychological functioning;
89-4 (B) causing or permitting the child to be in a
89-5 situation in which the child sustains a mental or emotional injury
89-6 that results in an observable and material impairment in the
89-7 child's growth, development, or psychological functioning;
89-8 (C) physical injury that results in substantial
89-9 harm to the child, or the genuine threat of substantial harm from
89-10 physical injury to the child, including an injury that is at
89-11 variance with the history or explanation given and excluding an
89-12 accident or reasonable discipline by a parent, guardian, or
89-13 managing or possessory conservator that does not expose the child
89-14 to a substantial risk of harm;
89-15 (D) failure to make a reasonable effort to
89-16 prevent an action by another person that results in physical injury
89-17 that results in substantial harm to the child;
89-18 (E) sexual conduct harmful to a child's mental,
89-19 emotional, or physical welfare <offenses under the Penal Code
89-20 inflicted on, shown to, or intentionally or recklessly practiced in
89-21 the presence of a child, including:>
89-22 <(i) sexual conduct as defined by Section
89-23 43.01, Penal Code;>
89-24 <(ii) sexual assault as provided by
89-25 Section 22.011, Penal Code; or>
89-26 <(iii) prohibited sexual conduct as
89-27 provided by Section 25.02, Penal Code>;
90-1 (F) failure to make a reasonable effort to
90-2 prevent sexual conduct harmful to a child <or sexual assault as
90-3 defined or provided by Sections 43.01 and 22.011, Penal Code, or
90-4 prohibited sexual conduct as provided by Section 25.02, Penal Code,
90-5 from being inflicted on or shown to a child by another person or
90-6 being intentionally or recklessly practiced in the presence of a
90-7 child by another person>;
90-8 (G) compelling or encouraging the child to
90-9 engage in sexual conduct as defined by Section 43.01, Penal Code;
90-10 or
90-11 (H) causing, permitting, encouraging, engaging
90-12 in, or allowing the photographing, filming, or depicting of the
90-13 child if the person knew or should have known that the resulting
90-14 photograph, film, or depiction of the child is obscene as defined
90-15 by Section 43.21, Penal Code, or pornographic.
90-16 (4) "Neglect" includes:
90-17 (A) the leaving of a child in a situation where
90-18 the child would be exposed to a substantial risk of physical or
90-19 mental harm, without arranging for necessary care for the child,
90-20 and the demonstration of an intent not to return by a parent,
90-21 guardian, or managing or possessory conservator of the child;
90-22 (B) the following acts or omissions by a person:
90-23 (i) placing a child in or failing to
90-24 remove a child from a situation that a reasonable person would
90-25 realize requires judgment or actions beyond the child's level of
90-26 maturity, physical condition, or mental abilities and that results
90-27 in bodily injury or a substantial risk of immediate harm to the
91-1 child;
91-2 (ii) failing to seek, obtain, or follow
91-3 through with medical care for a child, with the failure resulting
91-4 in or presenting a substantial risk of death, disfigurement, or
91-5 bodily injury or with the failure resulting in an observable and
91-6 material impairment to the growth, development, or functioning of
91-7 the child; <or>
91-8 (iii) the failure to provide a child with
91-9 food, clothing, or shelter necessary to sustain the life or health
91-10 of the child, excluding failure caused primarily by financial
91-11 inability unless relief services had been offered and refused; or
91-12 (iv) placing a child in or failing to
91-13 remove the child from a situation in which the child would be
91-14 exposed to a substantial risk of sexual conduct harmful to the
91-15 child; or
91-16 (C) the failure by the person responsible for a
91-17 child's care, custody, or welfare to permit the child to return to
91-18 the child's home without arranging for the necessary care for the
91-19 child after the child has been absent from the home for any reason,
91-20 including having been in residential placement or having run away.
91-21 (6) "Report" means a report that <of> alleged or
91-22 suspected abuse or neglect of a child has occurred or may occur.
91-23 SECTION 87. Section 261.101, Family Code, as added by House
91-24 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
91-25 amended by amending Subsection (b) and adding Subsections (c) and
91-26 (d) to read as follows:
91-27 (b) If a professional has cause to believe that a child has
92-1 been or may be abused or neglected, the professional shall make a
92-2 report not later than the 48th hour after the hour the professional
92-3 first suspects that the child has been or may be abused or
92-4 neglected. A professional may not delegate to or rely on another
92-5 person to make the report. In this subsection, "professional"
92-6 means an individual who is licensed or certified by the state or
92-7 who is an employee of a facility licensed, certified, or operated
92-8 by the state and who, in the normal course of official duties or
92-9 duties for which a license or certification is required, has direct
92-10 contact with children. The term includes teachers, nurses,
92-11 doctors, and day-care employees.
92-12 (c) The requirement to report under this section applies
92-13 without exception to an individual whose personal communications
92-14 may otherwise be privileged, including an attorney, a member of the
92-15 clergy, a medical practitioner, a social worker, and a mental
92-16 health professional.
92-17 (d) The identity of an individual making a report under this
92-18 chapter is confidential and may be disclosed only on the order of a
92-19 court or to a law enforcement officer for the purposes of
92-20 conducting a criminal investigation of the report.
92-21 SECTION 88. Section 261.102, Family Code, as added by House
92-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
92-23 amended to read as follows:
92-24 Sec. 261.102. MATTERS TO BE REPORTED. A report should
92-25 reflect the reporter's belief that a child<:>
92-26 <(1)> has been or may be abused or neglected or has
92-27 died of abuse or neglect<;>
93-1 <(2) has violated the compulsory school attendance
93-2 laws on three or more occasions; or>
93-3 <(3) has, on three or more occasions, been voluntarily
93-4 absent from home without the consent of the child's parent or
93-5 guardian for a substantial length of time or without the intent to
93-6 return>.
93-7 SECTION 89. Section 261.103, Family Code, as added by House
93-8 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
93-9 amended to read as follows:
93-10 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. A report
93-11 shall be made to:
93-12 (1) any local or state law enforcement agency;
93-13 (2) the department if the alleged or suspected abuse
93-14 involves a person responsible for the care, custody, or welfare of
93-15 the child;
93-16 (3) the state agency that operates, licenses,
93-17 certifies, or registers the facility in which the alleged abuse or
93-18 neglect occurred; or
93-19 (4) the agency designated by the court to be
93-20 responsible for the protection of children.
93-21 SECTION 90. Section 261.104, Family Code, as added by House
93-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
93-23 amended to read as follows:
93-24 Sec. 261.104. CONTENTS OF REPORT. The person making a
93-25 report shall identify, if known:
93-26 (1) the name and address of the child;
93-27 (2) the name and address of the person responsible for
94-1 the care, custody, or welfare of the child; and
94-2 (3) any other pertinent information concerning the
94-3 alleged or suspected abuse or neglect.
94-4 SECTION 91. Section 261.106, Family Code, as added by House
94-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
94-6 amended to read as follows:
94-7 Sec. 261.106. IMMUNITIES. (a) A <Except for a person who
94-8 reports the person's own conduct or who acts in bad faith or with
94-9 malicious purpose, a> person acting in good faith who reports
94-10 <reporting> or assists <assisting> in the investigation of a report
94-11 of alleged child abuse or neglect or who testifies or otherwise
94-12 participates in a judicial proceeding arising from a report,
94-13 petition, or investigation of alleged child abuse or neglect <under
94-14 this chapter> is immune from civil or criminal liability that might
94-15 otherwise be incurred or imposed.
94-16 (b) Immunity from civil and criminal liability extends to an
94-17 authorized volunteer of the department or a law enforcement officer
94-18 who participates at the request of the department in an
94-19 investigation of alleged or suspected abuse or neglect or in an
94-20 action arising from an investigation if the person was acting in
94-21 good faith and in the scope of the person's responsibilities
94-22 <participation in a judicial proceeding resulting from the report>.
94-23 (c) A person who reports the person's own abuse or neglect
94-24 of a child or who acts in bad faith or with malicious purpose in
94-25 reporting alleged child abuse or neglect is not immune from civil
94-26 or criminal liability.
94-27 SECTION 92. Section 261.107, Family Code, as added by House
95-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
95-2 amended to read as follows:
95-3 Sec. 261.107. FALSE REPORT; PENALTY. <(a)> A person
95-4 commits an offense if the person knowingly or intentionally makes a
95-5 report as provided in this chapter that the person knows is false
95-6 or lacks factual foundation. An offense under this subsection is a
95-7 Class B misdemeanor.
95-8 <(b) If, in connection with a pending suit affecting the
95-9 parent-child relationship, a parent of a child makes a report
95-10 alleging child abuse by the other parent that the parent making the
95-11 report knows is false or lacks factual foundation, evidence of the
95-12 report is admissible in a suit between the parents involving terms
95-13 of conservatorship.>
95-14 SECTION 93. Section 261.201, Family Code, as added by House
95-15 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
95-16 amended to read as follows:
95-17 Sec. 261.201. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
95-18 (a) The following information is confidential, is not subject to
95-19 public release under Chapter 552, Government Code, and may be
95-20 disclosed only for purposes consistent with this code and
95-21 applicable federal or state law or under rules adopted by an
95-22 investigating agency:
95-23 (1) a report of alleged or suspected abuse or neglect
95-24 made under this chapter and the identity of the person making the
95-25 report; and
95-26 (2) except <Except> as otherwise provided in this
95-27 section, the files, <Subsections (b) and (c), the> reports,
96-1 records, communications, and working papers used or developed in an
96-2 investigation under this chapter or in providing services as a
96-3 result of an investigation <are confidential and may be disclosed
96-4 only for purposes consistent with the purposes of this code under
96-5 rules adopted by the investigating agency>.
96-6 (b) A court may order the disclosure of information that is
96-7 confidential under this section if:
96-8 (1) a motion has been filed with the court requesting
96-9 the release of the information;
96-10 (2) a notice of hearing has been served on the
96-11 investigating agency and all other interested parties; and
96-12 (3) after hearing and an in camera review of the
96-13 requested information, the court determines that the disclosure of
96-14 the requested information is:
96-15 (A) essential to the administration of justice;
96-16 and
96-17 (B) not likely to endanger the life or safety
96-18 of:
96-19 (i) a child who is the subject of the
96-20 report of alleged or suspected abuse or neglect;
96-21 (ii) a person who makes a report of
96-22 alleged or suspected abuse or neglect; or
96-23 (iii) any other person who participates in
96-24 an investigation of reported abuse or neglect.
96-25 (c) The adoptive parents of a child who was the subject of
96-26 an investigation and an adult who was the subject of an
96-27 investigation as a child are entitled to examine and make copies of
97-1 any report, record, working paper, or other information in the
97-2 possession, custody, or control of the state that pertains to the
97-3 history of the child. The department may edit the documents to
97-4 protect the identity of the biological parents and any other person
97-5 whose identity is confidential.
97-6 (d) <(c)> Before placing a child who was the subject of an
97-7 investigation, the department shall notify the prospective adoptive
97-8 parents of their right to examine any report, record, working
97-9 paper, or other information in the possession, custody, or control
97-10 of the state that pertains to the history of the child.
97-11 (e) <(d)> The department shall provide prospective adoptive
97-12 parents an opportunity to examine information under this section as
97-13 early as practicable before placing a child.
97-14 (f) Notwithstanding Subsection (b), the department, on
97-15 request and subject to department rule, shall provide to the
97-16 parent, managing conservator, or other legal representative of a
97-17 child who is the subject of reported abuse or neglect information
97-18 concerning the reported abuse or neglect that would otherwise be
97-19 confidential under this section if the department has edited the
97-20 information to protect the confidentiality of the identity of the
97-21 person who made the report and any other person whose life or
97-22 safety may be endangered by the disclosure.
97-23 SECTION 94. Sections 261.301(d) and (e), Family Code, as
97-24 added by House Bill 655, Acts of the 74th Legislature, Regular
97-25 Session, 1995, are amended to read as follows:
97-26 (d) The department may by rule assign priorities and
97-27 prescribe investigative procedures for <to> investigations based on
98-1 the severity and immediacy of the alleged harm to the child. The
98-2 primary purpose of the investigation shall be the protection of the
98-3 child.
98-4 (e) As necessary to provide for the protection of the child
98-5 <complete a thorough investigation>, the department or designated
98-6 agency shall determine:
98-7 (1) the nature, extent, and cause of the abuse or
98-8 neglect;
98-9 (2) the identity of the person responsible for the
98-10 abuse or neglect;
98-11 (3) the names and conditions of the other children in
98-12 the home;
98-13 (4) an evaluation of the parents or persons
98-14 responsible for the care of the child;
98-15 (5) the adequacy of the home environment;
98-16 (6) the relationship of the child to the persons
98-17 responsible for the care, custody, or welfare of the child; and
98-18 (7) all other pertinent data.
98-19 SECTION 95. Section 261.302, Family Code, as added by House
98-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
98-21 amended by adding Subsection (d) to read as follows:
98-22 (d) If, before an investigation is completed, the
98-23 investigating agency believes that the immediate removal of a child
98-24 from the child's home is necessary to protect the child from
98-25 further abuse or neglect, the investigating agency shall file a
98-26 petition or take other action under Chapter 262 to provide for the
98-27 temporary care and protection of the child.
99-1 SECTION 96. Section 261.303, Family Code, as added by House
99-2 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
99-3 amended to read as follows:
99-4 Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER
99-5 <TO ASSIST INVESTIGATION>. (a) A person may not interfere with an
99-6 investigation of a report of child abuse or neglect conducted by
99-7 the department or designated agency.
99-8 (b) If admission to the home, school, or any place where the
99-9 child may be cannot be obtained, then for good cause shown the
99-10 court having family law jurisdiction shall order the parent, the
99-11 person responsible for the care of the children, or the person in
99-12 charge of any place where the child may be to allow entrance for
99-13 the interview, examination, and investigation.
99-14 (c) <(b)> If a parent or person responsible for the child's
99-15 care does not consent to a medical, psychological, or psychiatric
99-16 examination of the child that is requested by the department or
99-17 designated agency, the court having family law jurisdiction shall,
99-18 for good cause shown, order the examination to be made at the times
99-19 and places designated by the court.
99-20 SECTION 97. Section 261.308, Family Code, as added by House
99-21 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
99-22 amended by adding Subsection (c) to read as follows:
99-23 (c) On receipt of the report and recommendations, the court
99-24 may direct the department or designated agency to file a petition
99-25 requesting appropriate relief as provided in this title.
99-26 SECTION 98. Sections 261.401(b) and (c), Family Code, as
99-27 added by House Bill 655, Acts of the 74th Legislature, Regular
100-1 Session, 1995, are amended to read as follows:
100-2 (b) <A state agency shall notify the department of each
100-3 report of abuse or neglect it receives under this subchapter
100-4 relating to abuse or neglect in a facility operated by the agency
100-5 according to rules adopted by the department.>
100-6 <(c)> A state agency shall adopt rules relating to the
100-7 investigation and resolution of reports received as provided by
100-8 <under> this subchapter. The Health and Human Services Commission
100-9 shall review and approve the rules to ensure that all agencies
100-10 implement appropriate standards for the conduct of investigations
100-11 and that uniformity exists among agencies in the investigation and
100-12 resolution of reports.
100-13 SECTION 99. Sections 261.402(b), (c), and (e), Family Code,
100-14 as added by House Bill 655, Acts of the 74th Legislature, Regular
100-15 Session, 1995, are amended to read as follows:
100-16 (b) A state agency shall immediately notify the appropriate
100-17 state or local law enforcement agency of any report the agency
100-18 receives, other than a report from a law enforcement agency, that
100-19 concerns the suspected abuse or neglect of a child or the death of
100-20 a child from abuse or neglect. <If the investigation relates to a
100-21 report of abuse or neglect in a facility operated by a state
100-22 agency, the agency responsible for the investigation shall submit a
100-23 copy of the investigative report to the department.>
100-24 <(c)> If the state agency finds evidence indicating that a
100-25 child may have <has> been <or may be> abused or neglected, the
100-26 agency shall <submit a copy of the> report the evidence <of its
100-27 investigation> to the appropriate law enforcement agency.
101-1 (e) A state agency <The department> shall compile, maintain,
101-2 and make available statistics on the incidence of child abuse and
101-3 neglect in a facility operated by the <a> state agency.
101-4 SECTION 100. Chapter 261, Family Code, as added by House
101-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
101-6 amended by adding Sections 261.404, 261.405, and 261.406 to read as
101-7 follows:
101-8 Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
101-9 OF MENTAL HEALTH AND MENTAL RETARDATION. The department shall
101-10 investigate a report of abuse or neglect in a facility operated by,
101-11 regulated by, or providing services under a contract with the Texas
101-12 Department of Mental Health and Mental Retardation under rules
101-13 developed jointly between the department and the Texas Department
101-14 of Mental Health and Mental Retardation.
101-15 Sec. 261.405. INVESTIGATIONS IN COUNTY JUVENILE DETENTION
101-16 FACILITIES. A report of alleged abuse or neglect in a county
101-17 juvenile detention facility shall be made to a local law
101-18 enforcement agency for investigation.
101-19 Sec. 261.406. INVESTIGATIONS IN SCHOOLS. (a) On receipt of
101-20 a report of alleged or suspected abuse or neglect of a child in a
101-21 public or private school under the jurisdiction of the Central
101-22 Education Agency, the department shall perform an investigation as
101-23 provided by this chapter.
101-24 (b) The department shall send a written report of the
101-25 department's investigation to the Central Education Agency and the
101-26 local school board or local governing body for appropriate action.
101-27 On request, the department shall provide a copy of the report of
102-1 investigation to the parent, managing conservator, or legal
102-2 guardian of a child who is the subject of the report. The report
102-3 of investigation shall be edited to protect the identity of the
102-4 persons who prepared the report of abuse or neglect or provided
102-5 information for the report.
102-6 (c) Nothing in this section may prevent a law enforcement
102-7 agency from conducting an investigation of a report made under this
102-8 section.
102-9 SECTION 101. Section 262.004, Family Code, as added by House
102-10 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
102-11 amended to read as follows:
102-12 Sec. 262.004. ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
102-13 CHILD. A <An authorized representative of the Department of
102-14 Protective and Regulatory Services, a> law enforcement officer<,>
102-15 or a juvenile probation officer may take possession of a child
102-16 without a court order on the voluntary delivery of the child by the
102-17 parent, managing conservator, possessory conservator, guardian,
102-18 caretaker, or custodian who is presently entitled to possession of
102-19 the child.
102-20 SECTION 102. Section 262.005, Family Code, as added by House
102-21 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
102-22 amended to read as follows:
102-23 Sec. 262.005. FILING PETITION AFTER ACCEPTING VOLUNTARY
102-24 DELIVERY OF POSSESSION OF CHILD. When possession of the child has
102-25 been acquired through voluntary delivery of the child to a law
102-26 enforcement officer or juvenile probation officer <governmental
102-27 entity>, the law enforcement officer or juvenile probation officer
103-1 <entity> taking the child into possession shall cause a suit to be
103-2 filed not later than the 60th day after the date the child is taken
103-3 into possession.
103-4 SECTION 103. Section 262.101, Family Code, as added by House
103-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
103-6 amended to read as follows:
103-7 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
103-8 CHILD. A petition or affidavit filed by a governmental entity
103-9 requesting permission to take possession of a child in an emergency
103-10 shall be sworn to by a person with personal knowledge and shall
103-11 state facts sufficient to satisfy a person of ordinary prudence and
103-12 caution that:
103-13 (1) there is an immediate danger to the physical
103-14 health or safety of the child or the child has been a victim of
103-15 sexual abuse and that continuation in the home would be contrary to
103-16 the child's welfare; and
103-17 (2) there is no time, consistent with the physical
103-18 health or safety of the child, for an adversary hearing or to make
103-19 reasonable efforts to prevent or eliminate the need for the removal
103-20 of the child.
103-21 SECTION 104. Section 262.102, Family Code, as added by House
103-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
103-23 amended to read as follows:
103-24 Sec. 262.102. EMERGENCY ORDER AUTHORIZING POSSESSION OF
103-25 CHILD. (a) Before a court may issue a temporary restraining order
103-26 or attachment of a child in a suit requesting an emergency order
103-27 brought by a governmental entity, the court must find <be satisfied
104-1 from a sworn petition or affidavit> that:
104-2 (1) there is an immediate danger to the physical
104-3 health or safety of the child or the child has been a victim of
104-4 sexual abuse and that continuation in the home would be contrary to
104-5 the child's welfare; and
104-6 (2) there is no time, consistent with the physical
104-7 health or safety of the child and the nature of the emergency, to
104-8 hold <for> an adversary hearing or to make reasonable efforts to
104-9 prevent or eliminate the need for removal of the child.
104-10 (b) In determining whether there is an immediate danger to
104-11 the physical health or safety of a child, the court may consider
104-12 whether the child's household includes a person who has <possession
104-13 of the child has>:
104-14 (1) abused or neglected another child in a manner that
104-15 caused serious injury to or the death of the other child; or
104-16 (2) sexually abused another child.
104-17 SECTION 105. Section 262.107, Family Code, as added by House
104-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
104-19 amended to read as follows:
104-20 Sec. 262.107. STANDARD FOR DECISION AT INITIAL HEARING AFTER
104-21 TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY. (a)
104-22 The court shall order the return of the child at the initial
104-23 hearing regarding a child taken in possession without a court order
104-24 by a governmental entity unless the court is satisfied that:
104-25 (1) there is a continuing danger to the physical
104-26 health or safety of the child if the child is returned to the
104-27 parent, managing conservator, possessory conservator, guardian,
105-1 caretaker, or custodian who is presently entitled to possession of
105-2 the child<;> or
105-3 <(2)> the evidence shows that the child has been the
105-4 victim of sexual abuse on one or more occasions and that there is a
105-5 substantial risk <reasonable likelihood> that the child will be the
105-6 victim of sexual abuse in the future; and
105-7 (2) the nature of the emergency and the continuing
105-8 danger to the welfare of the child make efforts to allow the child
105-9 to remain with or return to the person entitled to possession of
105-10 the child impossible or unreasonable.
105-11 (b) In determining whether there is a continuing danger to
105-12 the physical health or safety of a child, the court may consider
105-13 whether the household to which <person to whom> the child would be
105-14 returned includes a person who has:
105-15 (1) abused or neglected another child in a manner that
105-16 caused serious injury to or the death of the other child; or
105-17 (2) sexually abused another child.
105-18 SECTION 106. Subchapter B, Chapter 262, Family Code, as
105-19 added by House Bill 655, Acts of the 74th Legislature, Regular
105-20 Session, 1995, is amended by adding Section 262.111 to read as
105-21 follows:
105-22 Sec. 262.111. FINDING THAT CHILD CANNOT REMAIN IN OR BE
105-23 RETURNED TO HOME. In the absence of a specific finding to the
105-24 contrary, the issuance of a temporary restraining order or
105-25 attachment pending a full adversary hearing or the issuance of an
105-26 order after a full adversary hearing constitutes a finding by the
105-27 court that for the child to remain in the home is contrary to the
106-1 child's welfare or safety and that the emergency made efforts to
106-2 prevent or eliminate the need for the removal of the child
106-3 impossible or unreasonable.
106-4 SECTION 107. Section 262.201, Family Code, as added by House
106-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
106-6 amended to read as follows:
106-7 Sec. 262.201. FULL ADVERSARY HEARING; FINDINGS OF THE
106-8 COURT. (a) Unless the child has already been returned to the
106-9 parent, managing conservator, possessory conservator, guardian,
106-10 caretaker, or custodian entitled to possession and the temporary
106-11 order, if any, has been dissolved, a full adversary hearing shall
106-12 be held not later than the 14th day after the date the child was
106-13 taken into possession by the governmental entity.
106-14 (b) At the conclusion of the full adversary hearing, the
106-15 court shall order the return of the child to the parent, managing
106-16 conservator, possessory conservator, guardian, caretaker, or
106-17 custodian entitled to possession unless the court finds sufficient
106-18 evidence to satisfy a person of ordinary prudence and caution that:
106-19 (1) there was a danger to the physical health or
106-20 safety of the child which was caused by an act or failure to act of
106-21 the person entitled to possession and for the child to remain in
106-22 the home is contrary to the welfare of the child; <and>
106-23 (2) the urgent need for protection required the
106-24 immediate removal of the child and makes efforts to eliminate or
106-25 prevent the child's removal impossible or unreasonable; and
106-26 (3) notwithstanding reasonable efforts to eliminate
106-27 the need for the child's removal and enable the child to return
107-1 home, there is a substantial risk <reasonable probability> of a
107-2 continuing danger if the child is returned home.
107-3 (c) If the court finds sufficient evidence to satisfy a
107-4 person of ordinary prudence and caution that there is a continuing
107-5 danger to the physical health or safety of the child and for the
107-6 child to remain in the home is contrary to the welfare of the
107-7 child, the court shall issue an appropriate temporary order under
107-8 Chapter 105.
107-9 (d) In determining whether there is a continuing danger to
107-10 the physical health or safety of the child, the court may consider
107-11 whether the household <person> to which <whom> the child would be
107-12 returned includes a person who:
107-13 (1) has abused or neglected another child in a manner
107-14 that caused serious injury to or the death of the other child; or
107-15 (2) has sexually abused another child.
107-16 SECTION 108. Section 263.001(a), Family Code, as added by
107-17 House Bill 655, Acts of the 74th Legislature, Regular Session,
107-18 1995, is amended by amending Subdivision (2) and adding
107-19 Subdivisions (3) and (4) to read as follows:
107-20 (2) "Child's home" means the place of residence of at
107-21 least one of the child's parents.
107-22 (3) "Household" means a unit composed of persons
107-23 living together in the same dwelling, without regard to whether
107-24 they are related to each other.
107-25 (4) "Substitute care" means the placement of a child
107-26 who is in the conservatorship of the department or an authorized
107-27 agency in care outside the child's home. The term includes foster
108-1 care, institutional care, adoption, or placement with a relative of
108-2 the child.
108-3 SECTION 109. Section 263.002, Family Code, as added by House
108-4 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
108-5 amended to read as follows:
108-6 Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit
108-7 affecting the parent-child relationship in which the department or
108-8 an authorized agency has been appointed by the court or designated
108-9 in an affidavit of relinquishment of parental rights as the
108-10 temporary or permanent managing conservator of a child, the court
108-11 shall hold a hearing to review the conservatorship appointment and
108-12 substitute <the department's or authorized agency's placement of
108-13 the child in foster home care, group home care, or institutional>
108-14 care.
108-15 SECTION 110. Section 263.003(c), Family Code, as added by
108-16 House Bill 655, Acts of the 74th Legislature, Regular Session,
108-17 1995, is amended to read as follows:
108-18 (c) The department shall request a review of substitute <the
108-19 placement of the child in foster home care, group home care, or
108-20 institutional> care, and its petition shall state that the purpose
108-21 of the suit is to initiate periodic review of the necessity and
108-22 propriety of the child's placement under this chapter.
108-23 SECTION 111. Section 263.202(b), Family Code, as added by
108-24 House Bill 655, Acts of the 74th Legislature, Regular Session,
108-25 1995, is amended to read as follows:
108-26 (b) A status hearing shall be limited to matters related to
108-27 the contents and execution of the service plan filed with the
109-1 court. The court shall review the service plan that the department
109-2 or other agency filed under this chapter for reasonableness,
109-3 accuracy, and compliance with requirements of court orders and make
109-4 findings as to whether:
109-5 (1) a plan that has the goal of returning the child to
109-6 the child's parents adequately ensures that reasonable efforts are
109-7 made to enable the child's parents to provide a safe environment
109-8 for the child; and
109-9 (2) the child's parents have reviewed and understand
109-10 the service plan and have been advised that unless the parents are
109-11 willing and able to provide the child with a safe environment, even
109-12 with the assistance of a service plan, within the reasonable period
109-13 of time specified in the plan, the parents' parental and custodial
109-14 duties and rights may be subject to restriction or to termination
109-15 under this code or the child may not be returned to the parents.
109-16 SECTION 112. Section 263.303(b), Family Code, as added by
109-17 House Bill 655, Acts of the 74th Legislature, Regular Session,
109-18 1995, is amended to read as follows:
109-19 (b) The status report must:
109-20 (1) evaluate all relevant information concerning each
109-21 of the guidelines under this chapter and the parties' compliance
109-22 with the service plan; <and>
109-23 (2) recommend one of the following actions:
109-24 (A) that the child be returned to the child's
109-25 home and that the suit be dismissed;
109-26 (B) that the child be returned to the child's
109-27 home with the department or other agency retaining conservatorship;
110-1 (C) that the child remain in substitute <foster>
110-2 care for a specified period and that the child's parents continue
110-3 to work toward providing the child with a safe environment;
110-4 (D) that the child remain in substitute <foster>
110-5 care for a specified period and that termination of parental rights
110-6 be sought under this code;
110-7 (E) that a child who has resided in substitute
110-8 <foster> care for at least 18 months be placed or remain in
110-9 permanent or long-term substitute <foster> care because of the
110-10 child's special needs or circumstances; or
110-11 (F) that other plans be made or other services
110-12 provided in accordance with the child's special needs or
110-13 circumstances; and
110-14 (3) with respect to a child 16 years of age or older,
110-15 identify the services needed to assist the child in the transition
110-16 to adult life.
110-17 SECTION 113. Section 263.304, Family Code, as added by House
110-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
110-19 amended to read as follows:
110-20 Sec. 263.304. INITIAL REVIEW HEARING; TIME. Not later than
110-21 the 180th day after the date of the conclusion of the full
110-22 adversary hearing under Chapter 262, the court shall hold a
110-23 <review> hearing to review the status of, and permanency plan for,
110-24 a child in substitute care in the court's jurisdiction, including
110-25 the time for the completion of the plan and the projected date for
110-26 the achievement of the child's permanency plan.
110-27 SECTION 114. Section 263.306, Family Code, as added by House
111-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
111-2 amended to read as follows:
111-3 Sec. 263.306. REVIEW HEARINGS: PROCEDURE. At each review
111-4 hearing the court shall determine:
111-5 (1) the identity of <identify> all persons or parties
111-6 present at the hearing or those given notice but failing to appear;
111-7 (2) <consider all relevant information pertaining to
111-8 the factors under this chapter to determine> whether the child's
111-9 parents are willing and able to provide the child with a safe
111-10 environment;
111-11 (3) <determine> the extent to which the child's
111-12 parents have taken the necessary actions or responsibilities toward
111-13 achieving the plan goal during the period of the service plan and
111-14 the extent to which the department or other authorized agency has
111-15 provided assistance to the parents as provided in the service plan;
111-16 (4) whether the child continues to need substitute
111-17 care and whether the child's current placement is appropriate for
111-18 meeting the child's needs;
111-19 (5) a date for achieving the child's permanency plan;
111-20 (6) if the child has been in substitute care for not
111-21 less than 18 months, the future status of the child and the
111-22 appropriateness of the date by which the child may return home and
111-23 whether to render further appropriate orders;
111-24 (7) if the child is in substitute care outside the
111-25 state, whether the out-of-state placement continues to be
111-26 appropriate and in the best interest of the child;
111-27 (8) <determine> whether the child's parents are
112-1 willing and able to provide the child with a safe environment
112-2 without the assistance of a service plan and, if so, return the
112-3 child to the parents;
112-4 (9) <(5) determine> whether the child's parents are
112-5 willing and able to provide the child with a safe environment with
112-6 the assistance of a service plan and, if so, return the child or
112-7 continue the placement of the child in the child's home under the
112-8 department's or other agency's supervision;
112-9 (10) <(6) determine> whether the child's parents are
112-10 presently unwilling or unable to provide the child with a safe
112-11 environment, even with the assistance of a service plan, and, if
112-12 so, order the child to remain under the department's or other
112-13 agency's managing conservatorship for a period of time specified by
112-14 the court;
112-15 (11) <(7) determine> whether a long-term substitute
112-16 <foster> care placement is in the child's best interest because of
112-17 the child's special needs or circumstances and, if so, begin a
112-18 long-term substitute <foster> care placement and if the child is
112-19 placed in institutional care, whether efforts have been made to
112-20 ensure placement of the child in the least restrictive environment
112-21 consistent with the best interest and special needs of the child;
112-22 (12) <(8) determine> whether a child is 16 years of
112-23 age or older and, if so, order the services that are needed to
112-24 assist the child in making the transition from substitute <foster>
112-25 care to independent living if the services are available in the
112-26 community;
112-27 (13) <(9) determine> whether the child has been placed
113-1 with the department under a voluntary placement agreement and, if
113-2 so, order that the department will institute further proceedings or
113-3 return the child to the parents;
113-4 (14) <(10) determine> whether the department or
113-5 authorized agency has custody, care, and control of the child under
113-6 an affidavit of relinquishment of parental rights naming the
113-7 department managing conservator and, if so, direct the department
113-8 or authorized agency to institute further proceedings; and
113-9 (15) <(11) determine> whether parental rights to the
113-10 child have been terminated and, if so, determine whether the
113-11 department or authorized agency will attempt to place the child for
113-12 adoption.
113-13 SECTION 115. Section 263.308, Family Code, as added by House
113-14 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
113-15 amended to read as follows:
113-16 Sec. 263.308. PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
113-17 <(a)> In a case in which the court determines that an order for
113-18 the child to remain in the managing conservatorship of the
113-19 department or other agency is appropriate, the court shall make a
113-20 finding that the child's parents understand that unless the parents
113-21 are willing and able to provide the child with a safe environment,
113-22 even with the assistance of a service plan, the parents' parental
113-23 and custodial duties and rights may be subject to restriction or to
113-24 termination under this code.
113-25 <(b) In the case of a child residing in foster care for at
113-26 least 18 months, the court shall determine the appropriateness of
113-27 the target date by which the child may return home. The court may
114-1 also enter further orders that are appropriate.>
114-2 SECTION 116. Section 264.009, Family Code, as added by House
114-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
114-4 amended to read as follows:
114-5 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
114-6 COURT>. (a) Except as provided by Subsection (b), in <In> any
114-7 action <suit brought> under this title <in which the department
114-8 requests to be named conservator of a child>, the department shall
114-9 be represented in <the trial> court by the:
114-10 (1) prosecuting attorney who represents the state in
114-11 criminal cases in the district or county court of the county where
114-12 the action <suit> is brought <filed or transferred>; or
114-13 (2) attorney general.
114-14 (b) In a county with a population of 2,800,000 or more, in
114-15 an action under this title, the department shall be represented in
114-16 court by the:
114-17 (1) attorney who represents the state in civil cases
114-18 in the district or county court of the county where the action is
114-19 brought; or
114-20 (2) attorney general.
114-21 SECTION 117. Subchapter B, Chapter 264, Family Code, as
114-22 added by House Bill 655, Acts of the 74th Legislature, Regular
114-23 Session, 1995, is amended by adding Section 264.109 to read as
114-24 follows:
114-25 Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE
114-26 CARE CASES. (a) The placement of a child in substitute care by
114-27 the department constitutes an assignment to the state of any
115-1 support rights attributable to the child as of the date the child
115-2 is placed in substitute care.
115-3 (b) If a child placed by the department in substitute care
115-4 is entitled under federal law to Title IV-D child support
115-5 enforcement services without the requirement of an application for
115-6 services, the department shall immediately refer the case to the
115-7 Title IV-D agency. If an application for Title IV-D services is
115-8 required and the department has been named managing conservator of
115-9 the child, then an authorized representative of the department
115-10 shall be the designated individual entitled to apply for services
115-11 on behalf of the child and shall promptly apply for the services.
115-12 (c) The department and the Title IV-D agency shall execute a
115-13 memorandum of understanding for the implementation of the
115-14 provisions of this section and for the allocation between the
115-15 department and the agency, consistent with federal laws and
115-16 regulations, of any child support funds recovered by the Title IV-D
115-17 agency in substitute care cases. All child support funds recovered
115-18 under this section and retained by the department or the Title IV-D
115-19 agency and any federal matching or incentive funds resulting from
115-20 child support collection efforts in substitute care cases shall be
115-21 in excess of amounts otherwise appropriated to either the
115-22 department or the Title IV-D agency by the legislature.
115-23 SECTION 118. Section 264.602(a), Family Code, as added by
115-24 House Bill 655, Acts of the 74th Legislature, Regular Session,
115-25 1995, is amended to read as follows:
115-26 (a) The statewide organization with which the attorney
115-27 general contracts under Section 264.603 shall contract for services
116-1 with <each> eligible volunteer advocate programs <program> to
116-2 expand the existing services of the programs <program>.
116-3 SECTION 119. Section 264.603, Family Code, as added by House
116-4 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
116-5 amended to read as follows:
116-6 Sec. 264.603. Administrative Contracts. (a) The attorney
116-7 general shall contract with one statewide organization of
116-8 individuals or groups of individuals who have expertise in the
116-9 dynamics of child abuse and neglect and experience in operating
116-10 volunteer advocate programs to<:>
116-11 <(1)> provide training, technical assistance, and
116-12 evaluation services for the benefit of local volunteer advocate
116-13 programs<; and>
116-14 <(2) manage the attorney general's contracts under
116-15 Section 264.602>.
116-16 (b) The contract under this section shall provide that not
116-17 more than 12 percent of the annual legislative appropriation to
116-18 implement this subchapter may be spent for administrative purposes
116-19 by the statewide organization with which the attorney general
116-20 contracts under this section.
116-21 SECTION 120. Section 264.604(b), Family Code, as added by
116-22 House Bill 655, Acts of the 74th Legislature, Regular Session,
116-23 1995, is amended to read as follows:
116-24 (b) The statewide organization with which the attorney
116-25 general contracts under Section 264.603 may not contract with a
116-26 person that is not eligible under this section. However, the
116-27 statewide organization <attorney general> may waive the requirement
117-1 in Subsection (a)(3) for an established program in a rural area or
117-2 under other special circumstances.
117-3 SECTION 121. Section 264.606, Family Code, as added by House
117-4 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
117-5 amended to read as follows:
117-6 Sec. 264.606. Criteria for Award of Contracts. The
117-7 statewide organization with which the attorney general contracts
117-8 under Section 264.603 shall consider the following in awarding a
117-9 contract under Section 264.602:
117-10 (1) the volunteer advocate program's eligibility for
117-11 and use of funds from local, state, or federal governmental
117-12 sources, philanthropic organizations, and other sources;
117-13 (2) community support for the volunteer advocate
117-14 program as indicated by financial contributions from civic
117-15 organizations, individuals, and other community resources;
117-16 (3) whether the volunteer advocate program provides
117-17 services that encourage the permanent placement of children through
117-18 reunification with their families or timely placement with an
117-19 adoptive family; and
117-20 (4) whether the volunteer advocate program has the
117-21 endorsement and cooperation of the local juvenile court system.
117-22 SECTION 122. Section 264.607(b), Family Code, as added by
117-23 House Bill 655, Acts of the 74th Legislature, Regular Session,
117-24 1995, is amended to read as follows:
117-25 (b) The statewide organization with which the attorney
117-26 general contracts under Section 264.603 may require that a
117-27 contract under Section 264.602 require the volunteer advocate
118-1 program to use forms provided by the attorney general.
118-2 SECTION 123. Subchapter F, Chapter 411, Government Code, is
118-3 amended by adding Section 411.128 to read as follows:
118-4 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
118-5 PERSON SEEKING TO ADOPT CHILD. (a) A person seeking to adopt a
118-6 child under Chapter 162, Family Code, who is ordered by the court
118-7 to obtain the person's own criminal history record information from
118-8 the department under Section 162.0085, Family Code, shall request
118-9 the information as provided by this section.
118-10 (b) A person requesting information under this section shall
118-11 provide the department with the name and address of the court and
118-12 the date set for the adoption hearing.
118-13 (c) The department shall provide the court with criminal
118-14 history record information not later than the 10th day after the
118-15 date on which the criminal history record information is requested.
118-16 (d) Criminal history record information requested under this
118-17 section may not be released or disclosed to a person other than the
118-18 court ordering the investigation except on court order or with the
118-19 consent of the person who is the subject of the criminal history
118-20 record information.
118-21 SECTION 124. Section 192.003, Health and Safety Code, is
118-22 amended by amending Subsection (d), as added by Section 1, Chapter
118-23 519, Acts of the 73rd Legislature, Regular Session, 1993, and
118-24 Subsections (e) and (f) to read as follows:
118-25 (e) If the mother of the child is not married to the father
118-26 of the child, a person listed by Subsection (a) or (b) who is
118-27 responsible for filing the birth certificate shall <(d) On the
119-1 birth of a child, the hospital, physician, midwife, or person
119-2 acting as a midwife in attendance or their designee at a birth
119-3 may>:
119-4 (1) provide an opportunity for the child's mother and
119-5 biological father to sign the birth certificate or a form
119-6 prescribed by the department in which the biological father
119-7 consents to be named as the child's father on the child's birth
119-8 certificate; and
119-9 (2) provide written information about establishing
119-10 paternity, including an explanation of the rights and
119-11 responsibilities of acknowledging paternity and information about
119-12 the availability of<, including an application for> child support
119-13 services, <furnished by the attorney general,> to the child's
119-14 mother and the father, if present <regarding the benefits of having
119-15 her child's paternity established and of the availability of
119-16 paternity establishment services>.
119-17 (f) <(e)> The local registrar shall transmit signed consent
119-18 forms to the state registrar.
119-19 (g) <(f)> The state registrar shall transmit signed consent
119-20 forms to the attorney general who may use such forms for any
119-21 purpose directly connected with the provision of child support
119-22 services pursuant to Chapter 231, Family Code <76, Human Resources
119-23 Code>.
119-24 SECTION 125. Section 8, Article 1.05, Title 79, Revised
119-25 Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
119-26 amended to read as follows:
119-27 Sec. 8. This article does not apply to interest that accrues
120-1 on <delinquent> child support under Section 157.265 <14.34>, Family
120-2 Code.
120-3 SECTION 126. Section 107B(f), Uniform Act Regulating Traffic
120-4 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
120-5 amended to read as follows:
120-6 (f) Use or nonuse of a child passenger safety seat system is
120-7 not admissible evidence in a civil trial, other than a proceeding
120-8 under Subtitle A or B, Title 5, Family Code.
120-9 SECTION 127. Section 107C(j), Uniform Act Regulating Traffic
120-10 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
120-11 amended to read as follows:
120-12 (j) Use or nonuse of a safety belt is not admissible
120-13 evidence in a civil trial, other than a proceeding under Subtitle A
120-14 or B, Title 5, Family Code.
120-15 SECTION 128. Sections 105.006(f), 162.023, 162.024, and
120-16 264.612(c), Family Code, as added by House Bill 655, Acts of the
120-17 74th Legislature, Regular Session, 1995, are repealed.
120-18 SECTION 129. This Act takes effect September 1, 1995, and
120-19 applies to a pending suit affecting the parent-child relationship
120-20 without regard to whether the suit was commenced before, on, or
120-21 after the effective date of this Act.
120-22 SECTION 130. The importance of this legislation and the
120-23 crowded condition of the calendars in both houses create an
120-24 emergency and an imperative public necessity that the
120-25 constitutional rule requiring bills to be read on three several
120-26 days in each house be suspended, and this rule is hereby suspended.