74R11600 JMM-F
          By Goodman, Thompson, Combs, McCall, Stiles            H.B. No. 433
          Substitute the following for H.B. No. 433:
          By De La Garza                                     C.S.H.B. No. 433
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the parent-child relationship, suits affecting the
    1-3  parent-child relationship, and the protection of children.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3.521(c), Family Code, is amended to read
    1-6  as follows:
    1-7        (c)  The form authorized in this section and the form
    1-8  authorized by Section 102.010 <11.09 of this code> may be combined
    1-9  in appropriate situations.
   1-10        SECTION 2.  Sections 3.55(b), (c), and (d), Family Code, are
   1-11  amended to read as follows:
   1-12        (b)  If the parties are parents of a child, as defined by
   1-13  Section 101.003 <11.01 of this code>, and the child is not under
   1-14  the continuing jurisdiction of any other court as provided by
   1-15  Chapter 155 <under Section 11.05 of this code>, the suit for
   1-16  divorce, annulment, or to declare the marriage void, must include a
   1-17  suit affecting the parent-child relationship under Title 5
   1-18  <Subtitle A, Title 2, of this code>.  If a suit affecting the
   1-19  parent-child relationship is pending at the time the suit for
   1-20  divorce, annulment, or to declare a marriage void if filed, the
   1-21  suit affecting the parent-child relationship shall be transferred
   1-22  as provided by Section 103.002 to the court in which the suit for
   1-23  dissolution of a marriage is filed.
   1-24        (c)  If the parties are parents of a child, as defined by
    2-1  Section 101.003 <11.01 of this code>, and the child is under the
    2-2  continuing jurisdiction of another court under Chapter 155 <Section
    2-3  11.05 of this code>, either party to the suit for divorce,
    2-4  annulment, or to declare the marriage void may move that court for
    2-5  transfer of the suit affecting the parent-child relationship to the
    2-6  court having jurisdiction of the suit or divorce, annulment, or to
    2-7  declare the marriage void.  The court with continuing jurisdiction
    2-8  shall then transfer the proceeding to the court with jurisdiction
    2-9  of the suit for divorce, annulment, or to declare the marriage void
   2-10  as provided by Chapter 155.  <Proceedings for transfer under this
   2-11  section shall be governed by the procedures governing transfer
   2-12  under Section 11.06 of this code.>  On transfer of the proceedings
   2-13  to the court with jurisdiction of the suit for divorce, annulment,
   2-14  or to declare the marriage void, that court shall consolidate the
   2-15  suit affecting the parent-child relationship with the suit for
   2-16  divorce, annulment, or to declare the marriage void.
   2-17        (d)  After transfer of a suit affecting the parent-child
   2-18  relationship as provided in Subsection (b) or (c) <of this
   2-19  section>, or if the parties are parents of a child and no other
   2-20  court has jurisdiction of the child, the court with jurisdiction of
   2-21  the suit for divorce, annulment, or to declare the marriage void
   2-22  has jurisdiction to render an order in the suit <make orders,
   2-23  decrees, or judgments> affecting the parent-child relationship as
   2-24  provided by Title 5 <in the same manner that a court with
   2-25  jurisdiction of a suit affecting the parent-child relationship has
   2-26  under Subtitle A, Title 2, of this code, and is subject to the same
   2-27  rules, requirements, and standards set forth in Subtitle A, Title
    3-1  2, of this code for such suits.  On entering its decree or judgment
    3-2  affecting the parent-child relationship, the court has continuing
    3-3  jurisdiction under Section 11.05 of this code, and the decree or
    3-4  judgment shall be treated for all purposes as though it were
    3-5  entered in a suit affecting the parent-child relationship>.
    3-6        SECTION 3.  Section 4.02, Family Code, is amended to read as
    3-7  follows:
    3-8        Sec. 4.02.  DUTY TO SUPPORT.  Each spouse has the duty to
    3-9  support the other spouse.  <Each parent has the duty to support his
   3-10  or her child during the period that the child is a minor, and
   3-11  thereafter so long as the child is fully enrolled in an accredited
   3-12  secondary school in a program leading toward a high school diploma
   3-13  until the end of the school year in which the child graduates.>  A
   3-14  spouse <or parent> who fails to discharge the duty of support is
   3-15  liable to any person who provides necessaries to the spouse <those>
   3-16  to whom support is owed.
   3-17        SECTION 4.  Section 32.001, Family Code, as added by House
   3-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-19  amended to read as follows:
   3-20        Sec. 32.001.  CONSENT BY NON-PARENT.  (a)  The following
   3-21  persons may consent to medical, dental, psychological, and surgical
   3-22  treatment of a child when the person having the right to consent as
   3-23  otherwise provided by law cannot be contacted and that person has
   3-24  not given actual notice to the contrary:
   3-25              (1)  a grandparent of the child;
   3-26              (2)  an adult brother or sister of the child;
   3-27              (3)  an adult aunt or uncle of the child;
    4-1              (4)  an educational institution in which the child is
    4-2  enrolled that has received written authorization to consent from a
    4-3  person having the right to consent;
    4-4              (5)  an adult who has actual care, control, and
    4-5  possession of the child and has written authorization to consent
    4-6  from a person having the right to consent;
    4-7              (6)  a court having jurisdiction over a suit affecting
    4-8  the parent-child relationship of which the child is the subject;
    4-9  <or>
   4-10              (7)  an adult responsible for the actual care, control,
   4-11  and possession of a child under the jurisdiction of a juvenile
   4-12  court or committed by a juvenile court to the care of an agency of
   4-13  the state or county; or
   4-14              (8)  a peace officer who has lawfully taken custody of
   4-15  a minor, if the peace officer has reasonable grounds to believe the
   4-16  minor is in need of immediate medical treatment.
   4-17        (b)  <The person giving consent, a physician or dentist
   4-18  licensed to practice medicine or dentistry in this state, or a
   4-19  hospital or medical facility is not liable for the examination and
   4-20  treatment of a child under this section except for the person's own
   4-21  acts of negligence.>
   4-22        <(c)>  The Texas Youth Commission may consent to the medical,
   4-23  dental, psychological, and surgical treatment of a child committed
   4-24  to it under Title 3 when the person having the right to consent has
   4-25  been contacted and that person has not given actual notice to the
   4-26  contrary.
   4-27        (c) <(d)>  This section does not apply to consent for the
    5-1  immunization of a child.
    5-2        (d)  A person who consents to the medical treatment of a
    5-3  minor under Subsection (a)(7) or (8) is immune from liability for
    5-4  damages resulting from the examination or treatment of the minor,
    5-5  except to the extent of the person's own acts of negligence.  A
    5-6  physician or dentist licensed to practice in this state, or a
    5-7  hospital or medical facility at which a minor is treated is immune
    5-8  from liability for damages resulting from the examination or
    5-9  treatment of a minor under this section, except to the extent of
   5-10  the person's own acts of negligence.
   5-11        SECTION 5.  Section 42.006(a), Family Code, as added by House
   5-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-13  amended to read as follows:
   5-14        (a)  Damages may include:
   5-15              (1)  the actual costs and expenses incurred, including
   5-16  attorney's fees, in:
   5-17                    (A)  locating a child who is the subject of the
   5-18  order;
   5-19                    (B)  recovering possession of the child if the
   5-20  petitioner is entitled to possession; and
   5-21                    (C)  <(2)  the actual costs and expenses,
   5-22  including attorney's fees, incurred in> enforcing the order and
   5-23  prosecuting the suit; and
   5-24              (2) <(3)>  mental suffering and anguish incurred by the
   5-25  plaintiff because of a violation of the order.
   5-26        SECTION 6.  Section 102.003, Family Code, as added by House
   5-27  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    6-1  amended to read as follows:
    6-2        Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
    6-3  suit may be filed at any time by:
    6-4              (1)  a parent of the child;
    6-5              (2)  the child through a representative authorized by
    6-6  the court;
    6-7              (3)  a custodian or person having the right of
    6-8  visitation with or access to the child appointed by an order of a
    6-9  court of another state or country;
   6-10              (4)  a guardian of the person or of the estate of the
   6-11  child;
   6-12              (5)  a governmental entity;
   6-13              (6)  an authorized agency;
   6-14              (7)  a licensed child placing agency;
   6-15              (8)  a man alleging himself to be the biological father
   6-16  of a child filing in accordance with Chapter 160, subject to the
   6-17  limitations of Section 160.101, but not otherwise;
   6-18              (9)  a person who has had actual care, control, and
   6-19  possession of the child for not less than six months preceding the
   6-20  filing of the petition;
   6-21              (10)  a person designated as the managing conservator
   6-22  in a revoked or unrevoked affidavit of relinquishment under Chapter
   6-23  161 or to whom consent to adoption has been given in writing under
   6-24  Chapter 162; or
   6-25              (11)  a person with whom the child and the child's
   6-26  guardian, managing conservator, or parent have resided for not less
   6-27  than six months preceding the filing of the petition if the child's
    7-1  guardian, managing conservator, or parent is deceased at the time
    7-2  of the filing of the petition.
    7-3        SECTION 7.  Section 102.009(a), Family Code, as added by
    7-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
    7-5  1995, is amended to read as follows:
    7-6        (a)  Except as provided by Subsection (b), the following
    7-7  <persons> are entitled to service of citation on the filing of a
    7-8  petition in an original suit:
    7-9              (1)  a managing conservator;
   7-10              (2)  a possessory conservator;
   7-11              (3)  a person having possession of or access to the
   7-12  child under an order;
   7-13              (4)  a person required by law or by order to provide
   7-14  for the support of the child;
   7-15              (5)  a guardian of the person of the child;
   7-16              (6)  a guardian of the estate of the child;
   7-17              (7)  each parent as to whom the parent-child
   7-18  relationship has not been terminated or process has not been waived
   7-19  under Chapter 161; <and>
   7-20              (8)  an alleged father, unless there is attached to the
   7-21  petition an affidavit of waiver of interest in a child executed by
   7-22  the alleged father as provided by Chapter 161; and
   7-23              (9)  the Department of Protective and Regulatory
   7-24  Services, if the petition requests that the department be appointed
   7-25  as managing conservator of the child.
   7-26        SECTION 8.  Section 104.005, Family Code, as added by House
   7-27  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    8-1  amended to read as follows:
    8-2        Sec. 104.005.  SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
    8-3  (a)  If the testimony of a child is taken as provided by this
    8-4  chapter <subchapter>, the child may not be compelled to testify in
    8-5  court during the proceeding.
    8-6        (b) The court may allow the testimony of a child of any age
    8-7  to be taken in any manner provided by this chapter if the child,
    8-8  because of a medical condition, is incapable of testifying in open
    8-9  court.
   8-10        SECTION 9.  Section 105.002, Family Code, as added by House
   8-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   8-12  amended to read as follows:
   8-13        Sec. 105.002.  JURY.  (a)  Except as provided by Subsection
   8-14  (b) <in a suit in which adoption is requested>, a party may demand
   8-15  a jury trial.
   8-16        (b)  A party may not demand a jury trial in a suit in which
   8-17  adoption is sought, including a trial on the issue of denial or
   8-18  revocation of consent to the adoption by the managing conservator.
   8-19        (c)  The court may not render an order that contravenes the
   8-20  verdict of the jury, except with respect to the issues of the
   8-21  specific terms and conditions of possession of and access to the
   8-22  child, support of the child, and the rights, privileges, duties,
   8-23  and powers of sole managing conservators, joint managing
   8-24  conservators, or possessory conservators, on which the court may
   8-25  submit or refuse to submit issues to the jury as the court
   8-26  determines appropriate, and on which issues the jury verdict is
   8-27  advisory only.
    9-1        SECTION 10.  Sections 105.006(b) and (e), Family Code, as
    9-2  added by House Bill 655, Acts of the 74th Legislature, Regular
    9-3  Session, 1995, are amended to read as follows:
    9-4        (b)  Except as provided by Subsection (c), in an order for
    9-5  child support or possession of or access to a child the court shall
    9-6  order each party to inform each <the clerk and all> other party
    9-7  <parties> of a change in any of the information required by this
    9-8  section to be included in the order:
    9-9              (1)  before the 11th day after the date of the change,
   9-10  as long as any person, as a result of the order, is under an
   9-11  obligation to pay child support or is entitled to possession of or
   9-12  access to a child; and
   9-13              (2)  if the change in the information is an intended
   9-14  change, on or before the 60th day before the date the party intends
   9-15  to make the change, as long as any person, as a result of the
   9-16  order, is under an obligation to pay child support or is entitled
   9-17  to possession of or access to a child.
   9-18        (e)  Except as provided by Subsection (c), an order in a suit
   9-19  that orders child support or possession of or access to a child
   9-20  must also contain the following order in bold-faced type or in
   9-21  capital letters:
   9-22        "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
   9-23  NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
   9-24  AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
   9-25  ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
   9-26  ADDRESS OF PLACE OF EMPLOYMENT, AND WORK TELEPHONE NUMBER.  THE
   9-27  DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE CLERK OF
   10-1  THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
   10-2  ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO
   10-3  POSSESSION OF OR ACCESS TO A CHILD.  FAILURE BY A PARTY TO OBEY THE
   10-4  ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY <THE CLERK> WITH
   10-5  THE CURRENT MAILING ADDRESS OF THE <A> PARTY MAY RESULT IN THE
   10-6  ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY
   10-7  CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS
   10-8  OF RECORD."
   10-9        SECTION 11.  Section 105.007, Family Code, as added by House
  10-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  10-11  amended to read as follows:
  10-12        Sec. 105.007.  COMPLIANCE WITH ORDER REQUIRING INFORMATION
  10-13  REGARDING <NOTICE OF CHANGE OF> CONSERVATOR'S EMPLOYER <RESIDENCE>.
  10-14  (a)  A party <who intends a change of place of residence> shall
  10-15  comply with the order by giving written notice of the name of the
  10-16  party's employer, the address of the party's employment, and the
  10-17  party's work <intended date of change, new> telephone number<, and
  10-18  new street address of residence> to the clerk of the court having
  10-19  jurisdiction of the suit in which the order was made <and to every
  10-20  other party who has possession of or access to the child>.
  10-21        (b)  The party must give written notice of the changes
  10-22  described in Subsection (a) by registered or certified mail before
  10-23  the 11th day after the date the information changed <must be given
  10-24  on or before the 60th day before the conservator changes the
  10-25  conservator's place of residence.  If the conservator did not know
  10-26  or could not have known of the change of residence or if the
  10-27  required information was not available within the 60-day period,
   11-1  the conservator shall supply the written notice of the change of
   11-2  residence or the related information on or before the fifth day
   11-3  after the date that the conservator knew or should have known of
   11-4  the change or of the related information>.
   11-5        (c)  The court may waive the notice required by this section
   11-6  on motion by the moving conservator if it finds that the giving of
   11-7  notice <of a change of place of residence> would be likely to
   11-8  expose the child or the conservator to harassment, abuse, serious
   11-9  harm, or injury.
  11-10        <(d)  The notice may be given to a party by delivery of a
  11-11  copy of the notice to the party either in person or by registered
  11-12  or certified mail, return receipt requested, to the last known
  11-13  address of the party.>
  11-14        <(e)  The notice may be given to the court by delivery of a
  11-15  copy of the notice either in person to the clerk of the court or by
  11-16  registered or certified mail addressed to the clerk of the court.>
  11-17        SECTION 12.  Chapter 107, Family Code, as added by House Bill
  11-18  655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-19  amended to read as follows:
  11-20         CHAPTER 107.  SPECIAL APPOINTMENTS AND SOCIAL STUDIES
  11-21            SUBCHAPTER A.  GUARDIAN AD LITEM REPRESENTATION
  11-22        Sec. 107.001.  APPOINTMENT OF GUARDIAN AD LITEM.  (a)  In a
  11-23  suit in which termination of the parent-child relationship is
  11-24  requested, the court or an associate judge shall appoint a guardian
  11-25  ad litem to represent the interests of the child immediately after
  11-26  the filing of the petition but before the full adversary hearing to
  11-27  ensure adequate representation of the child, unless:
   12-1              (1)  the child is a petitioner;
   12-2              (2)  an attorney ad litem has been appointed for the
   12-3  child; or
   12-4              (3)  the court or an associate judge finds that the
   12-5  interests of the child will be represented adequately by a party to
   12-6  the suit and are not adverse to that party.
   12-7        (b)  In any other suit, the court or an associate judge may
   12-8  appoint a guardian ad litem.
   12-9        (c)  The managing conservator may be appointed guardian ad
  12-10  litem if the managing conservator is not a parent of the child or a
  12-11  person petitioning for adoption of the child and has no personal
  12-12  interest in the suit.
  12-13        (d)  A guardian ad litem shall be appointed to represent any
  12-14  other person entitled to service of citation under this code if the
  12-15  person is incompetent or a child, unless the person has executed an
  12-16  affidavit of relinquishment of parental rights or an affidavit of
  12-17  waiver of interest in child containing a waiver of service of
  12-18  citation.
  12-19           (Sections 107.002-107.010 reserved for expansion
  12-20                   SUBCHAPTER B.  ATTORNEY AD LITEM
  12-21        Sec. 107.011 <107.002>.  DISCRETIONARY APPOINTMENT OF
  12-22  ATTORNEY AD LITEM.  (a)  An associate judge shall <may> recommend
  12-23  the appointment of an attorney ad litem for any party in a case in
  12-24  which the associate judge deems representation necessary to protect
  12-25  the interests of the child who is the subject matter of the suit.
  12-26        (b)  The court shall <may> appoint an attorney ad litem for
  12-27  any party in a case in which the court deems representation
   13-1  necessary to protect the interests of the child who is the subject
   13-2  matter of the suit.
   13-3        Sec. 107.012.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
   13-4  CHILD.  <(c)>  In a suit filed by a governmental entity requesting
   13-5  termination of the parent-child relationship or to be named
   13-6  conservator of a child, the court shall appoint an attorney ad
   13-7  litem to represent the interests of the child immediately after the
   13-8  filing, but before the full adversary hearing, <as soon as
   13-9  practicable> to ensure adequate representation of the child
  13-10  <child's interests>.
  13-11        Sec. 107.013.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
  13-12  INDIGENT PARENT.  (a) <(d)>  In a suit in which termination of the
  13-13  parent-child relationship is requested, the court shall appoint an
  13-14  attorney ad litem to represent the interests of each indigent
  13-15  parent of the child who responds in opposition to the termination.
  13-16        (b)  If both parents of the child are indigent and oppose
  13-17  termination and the court finds that the interests of the parents
  13-18  are not in conflict, the court may appoint a single attorney ad
  13-19  litem to represent the interests of both parents.
  13-20        Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
  13-21  CHILD.  (a)  An attorney ad litem appointed under this subchapter
  13-22  to represent a child may:
  13-23              (1)  investigate to the extent the attorney ad litem
  13-24  considers appropriate to determine the facts of the case;
  13-25              (2)  obtain and review copies of all of the child's
  13-26  relevant medical, psychological, and school records; and
  13-27              (3)  call, examine, and cross-examine witnesses.
   14-1        (b)  An attorney ad litem appointed to represent a child
   14-2  shall within a reasonable time after the appointment:
   14-3              (1)  interview the child if the child is four years of
   14-4  age or older; and
   14-5              (2)  interview individuals with significant knowledge
   14-6  of the child's history and condition.
   14-7        Sec. 107.015 <107.003>.  AD LITEM FEES.  (a)  An attorney
   14-8  appointed to represent a child or parent as authorized by this
   14-9  subchapter is entitled to a reasonable fee in the amount set by the
  14-10  court to be paid by the parents of the child unless the parents are
  14-11  indigent.
  14-12        (b)  If the court or associate judge determines that the
  14-13  parties or litigants are able to defray the costs of an ad litem's
  14-14  compensation as determined by the reasonable and customary fees for
  14-15  similar services in the county of jurisdiction, the costs may be
  14-16  ordered paid by either or both parties, or the court or associate
  14-17  judge may order either or both parties, prior to final hearing, to
  14-18  pay the sums into the registry of the court or into an account
  14-19  authorized by the court for the use and benefit of the ad litem on
  14-20  order of the court.  The sums may be taxed as costs to be assessed
  14-21  against one or more of the parties.
  14-22        (c)  If indigency of the parents is shown, an attorney
  14-23  appointed to represent a child or parent in a suit to terminate the
  14-24  parent-child relationship shall be paid from the general funds of
  14-25  the county according to the fee schedule that applies to an
  14-26  attorney appointed to represent a child in a suit under Title 3 as
  14-27  provided by Chapter 51.
   15-1        Sec. 107.016.  CONTINUED REPRESENTATION.  In a suit brought
   15-2  by a governmental entity seeking termination of the parent-child
   15-3  relationship or appointment of the entity as conservator of the
   15-4  child, an order appointing the Department of Protective and
   15-5  Regulatory Services as the child's managing conservator may provide
   15-6  for the continuation of the attorney ad litem appointment for any
   15-7  period set by the court.
   15-8           (Sections 107.017-107.030 reserved for expansion
   15-9                SUBCHAPTER C.  OTHER COURT APPOINTMENTS
  15-10        Sec. 107.031 <107.004>.  VOLUNTEER ADVOCATES.  (a)  In a suit
  15-11  filed by a governmental entity, the court may appoint a person who
  15-12  has received the court's approved training and who has been
  15-13  certified by the court to appear at court hearings as a volunteer
  15-14  advocate on behalf of the child.
  15-15        (b)  In addition, the court may appoint a group of
  15-16  court-certified volunteers to serve as an administrative review
  15-17  board to advise the court as to the conservatorship appointment and
  15-18  the placement of the child by the Department of Protective and
  15-19  Regulatory Services <department> or authorized agency in substitute
  15-20  care.
  15-21        (c)  A court-appointed volunteer, a board member or employee
  15-22  of a volunteer advocate charitable organization, or a member of an
  15-23  administrative review board <person> is not liable for civil
  15-24  damages for a recommendation made or opinion rendered while serving
  15-25  or having served as a court-appointed volunteer, board member or
  15-26  employee of a volunteer advocate charitable organization, or member
  15-27  of an administrative review board under this section unless the act
   16-1  or failure to act is wilfully wrongful, committed with conscious
   16-2  indifference or reckless disregard for the safety of another,
   16-3  committed in bad faith or with malice, or is grossly negligent.
   16-4           (Sections 107.032-107.050 reserved for expansion
   16-5                      SUBCHAPTER D.  SOCIAL STUDY
   16-6        Sec. 107.051 <107.005>.  ORDER FOR SOCIAL STUDY.  (a)  The
   16-7  court may order the preparation of a social study into the
   16-8  circumstances and condition of the child and of the home of any
   16-9  person requesting managing conservatorship or possession of the
  16-10  child.
  16-11        (b)  The social study may be made by a state agency,
  16-12  including the Department of Protective and Regulatory Services
  16-13  <department>, or a person appointed by the court.
  16-14        (c)  In a suit in which adoption is requested or possession
  16-15  of or access to the child is an issue and in which the Department
  16-16  of Protective and Regulatory Services is not a party or has no
  16-17  interest, the court shall appoint a private agency or person to
  16-18  conduct the social study.
  16-19        Sec. 107.052.  STANDARDS FOR CONDUCTING SOCIAL STUDY.  (a)
  16-20  The court may appoint an investigator to conduct the social study
  16-21  required by this section who has the qualifications established by
  16-22  the rules of the Department of Protective and Regulatory Services
  16-23  <department> providing minimum qualifications for persons who may
  16-24  conduct social studies.  If the Department of Protective and
  16-25  Regulatory Services <department> or another governmental entity is
  16-26  appointed, the person who conducts the investigation and makes the
  16-27  report must also have those qualifications.
   17-1        (b) <(d)>  A study made under this section shall comply with
   17-2  the rules of the Department of Protective and Regulatory Services
   17-3  <department> establishing minimum standards, guidelines, and
   17-4  procedures for social studies or the criteria established by the
   17-5  court.
   17-6        (c) <(e)>  The social study shall contain any history of
   17-7  physical, sexual, or emotional abuse suffered by the child.
   17-8        <(f)  In a suit in which adoption is requested or possession
   17-9  of or access to the child is an issue and in which the department
  17-10  is not a party or has no interest, the court shall appoint a
  17-11  private agency or person to conduct the social study.>
  17-12        Sec. 107.053.  PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
  17-13  <(g)>  In all adoptions a copy of the report shall be made
  17-14  available to the prospective adoptive parents prior to a final
  17-15  order of adoption.
  17-16        Sec. 107.054.  REPORT FILED WITH COURT.  <(h)>  The agency or
  17-17  person making the social study shall file with the court on a date
  17-18  set by the court a report containing its findings and conclusions.
  17-19  The report shall be made a part of the record of the suit.
  17-20        Sec. 107.055.  INTRODUCTION OF REPORT AT TRIAL.
  17-21  (a) <(i)>  Disclosure to the jury of the contents of a report to
  17-22  the court of a social study is subject to the rules of evidence.
  17-23        (b) <(j)>  In a contested case, the agency or person making
  17-24  the social study shall furnish copies of the report to the
  17-25  attorneys for the parties before the earlier of:
  17-26              (1)  the seventh day after the date the social study is
  17-27  completed; or
   18-1              (2)  the fifth day before the date of commencement of
   18-2  the trial.
   18-3        (c) <(k)>  The court may compel the attendance of witnesses
   18-4  necessary for the proper disposition of the suit, including a
   18-5  representative of the agency making the social study, who may be
   18-6  compelled to testify.
   18-7        Sec. 107.056.  PREPARATION FEE.  <(l)>  If the court orders
   18-8  <the department to prepare> a social study to be conducted and a
   18-9  report to be prepared, the court shall award the agency or other
  18-10  person <department> a reasonable fee for the preparation of the
  18-11  study that shall be taxed as costs and paid directly to the agency
  18-12  or other person <department>.  The person <department> may enforce
  18-13  the order for the fee <in the department's own name>.
  18-14        SECTION 13.  Section 108.001, Family Code, as added by House
  18-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  18-16  amended to read as follows:
  18-17        Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK.  (a)
  18-18  Except as provided by this chapter, the clerk of the court shall
  18-19  transmit to the bureau of vital statistics <department> a copy of
  18-20  the order rendered in a suit, together with the name and all prior
  18-21  names, birth date, and place of birth of the child.
  18-22        (b)  The bureau of vital statistics <department> shall
  18-23  maintain these records in a central file according to the name,
  18-24  birth date, and place of birth of the child, the court that
  18-25  rendered the order, and the docket number of the suit.
  18-26        (c)  All the records required under this section to be
  18-27  maintained by the bureau of vital statistics and the records of a
   19-1  child-placing agency that has ceased operations <department> are
   19-2  confidential and no person is entitled to access to or information
   19-3  from these records except for good cause <as provided by this
   19-4  subtitle or> on an order of the court that rendered the order <for
   19-5  good cause>.
   19-6        SECTION 14.  Section 108.003, Family Code, as added by House
   19-7  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   19-8  amended to read as follows:
   19-9        Sec. 108.003.  TRANSMITTAL OF FILES OF ADOPTION.  (a)  The
  19-10  <On rendition of an order of adoption, the> clerk of a <the> court
  19-11  that renders a decree of adoption shall, not later than the 10th
  19-12  day of the first month after the month in which the adoption is
  19-13  rendered, transmit to the central registry of the bureau of vital
  19-14  statistics <department>:
  19-15              (1)  a complete file in the case, including all
  19-16  pleadings, papers, studies, and records in the suit other than the
  19-17  minutes of the court, if the petitioner has requested that the
  19-18  complete file be sent;
  19-19              (2)  <, or> a certified copy of the petition and order
  19-20  of adoption, excluding pleadings, papers, studies, and records
  19-21  relating to a suit for divorce or annulment or to declare a
  19-22  marriage void, if the petitioner did not request that the complete
  19-23  file be sent; and
  19-24              (3) <(2)>  a report of adoption that includes:
  19-25                    (A)  the name of the adopted child after adoption
  19-26  as shown in the adoption order;
  19-27                    (B)  the birth date of the adopted child;
   20-1                    (C)  the docket number of the adoption suit;
   20-2                    (D)  the identity of the court rendering the
   20-3  adoption;
   20-4                    (E)  the date of the adoption order;
   20-5                    (F)  the name and address of each parent,
   20-6  guardian, managing conservator, or other person whose consent to
   20-7  adoption was required or waived under Chapter 159 <23>, or whose
   20-8  parental rights were terminated in the adoption suit;
   20-9                    (G)  the identity of the licensed child placing
  20-10  agency, if any, through which the adopted child was placed for
  20-11  adoption; and
  20-12                    (H)  the identity, address, and telephone number
  20-13  of the registry through which the adopted child may register as an
  20-14  adoptee.
  20-15        (b)  Except for good cause shown or on an order of the court
  20-16  that granted the adoption or terminated the proceedings under
  20-17  Section 155.001, the records concerning a child maintained by the
  20-18  district clerk after rendition of a decree of adoption, the records
  20-19  of a child-placing agency that has ceased operations, and the
  20-20  records required under this section to be maintained by the bureau
  20-21  of vital statistics are confidential, and no person is entitled to
  20-22  access to or information from these records.
  20-23        SECTION 15.  Section 108.004, Family Code, as added by House
  20-24  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  20-25  amended to read as follows:
  20-26        Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
  20-27  On the loss of jurisdiction of a court under Chapter 155, the clerk
   21-1  of the court shall transmit to the central registry of the bureau
   21-2  of vital statistics <department>:
   21-3              (1)  a complete file in the case, including all
   21-4  pleadings, papers, studies, and records in the suit other than the
   21-5  minutes of the court<, if the petitioner has requested that a
   21-6  complete file be sent>; and <or>
   21-7              (2)  the <a certified copy of the petition, excluding
   21-8  pleadings,> papers, studies, and records relating to a suit for
   21-9  divorce or annulment or to declare a marriage void.
  21-10        SECTION 16.  Section 108.005, Family Code, as added by House
  21-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  21-12  amended to read as follows:
  21-13        Sec. 108.005.  ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
  21-14  STATISTICS <DEPARTMENT>.  (a)  When the bureau of vital statistics
  21-15  <department> receives the complete file or petition and order of
  21-16  adoption, the bureau <it> shall close the records concerning that
  21-17  child.  Except for statistical purposes, the bureau <department>
  21-18  may not disclose any information concerning the prior proceedings
  21-19  affecting the child.  Except as provided in Chapter 162, any
  21-20  subsequent inquiry concerning the child who has been adopted shall
  21-21  be handled as though the child had not been previously the subject
  21-22  of a suit affecting the parent-child relationship.
  21-23        (b)  On the receipt of additional records concerning a child
  21-24  who has been the subject of a suit affecting the parent-child
  21-25  relationship in which the records have been closed, a new file
  21-26  shall be made and maintained.
  21-27        SECTION 17.  Section 108.006, Family Code, as added by House
   22-1  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   22-2  amended to read as follows:
   22-3        Sec. 108.006.  FEES.  (a)  The bureau of vital statistics
   22-4  <department> may charge a reasonable fee to cover the cost of
   22-5  determining and sending information concerning the identity of the
   22-6  court with continuing, exclusive jurisdiction.
   22-7        (b)  On the filing of a suit requesting the adoption of a
   22-8  child, the clerk of the court shall collect an additional fee of
   22-9  $15.
  22-10        (c)  The clerk shall send the fees collected under Subsection
  22-11  (b) to the bureau of vital statistics for deposit in a special fund
  22-12  in the state treasury from which the legislature may appropriate
  22-13  money only to operate and maintain the central file and central
  22-14  registry of the bureau <department>.
  22-15        (d)  The receipts from the fees charged under Subsection (a)
  22-16  shall be deposited in a financial institution as determined by the
  22-17  <executive> director of the bureau of vital statistics <department>
  22-18  and withdrawn as necessary for the sole purpose of operating and
  22-19  maintaining the central record file.
  22-20        <(e)  The funds received under Subsection (b) shall be
  22-21  deposited in a special account in the general revenue fund.  Funds
  22-22  in the account may only be used for the operation of the central
  22-23  record file.  Sections 403.094 and 403.095, Government Code, do not
  22-24  apply to the special account.>
  22-25        SECTION 18.  Section 108.007, Family Code, as added by House
  22-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  22-27  amended to read as follows:
   23-1        Sec. 108.007.  MICROFILM.  (a)  The bureau of vital
   23-2  statistics <department> may use microfilm or other suitable means
   23-3  for maintaining the central record file.
   23-4        (b)  A certified reproduction of a document maintained by the
   23-5  bureau of vital statistics <department> is admissible in evidence
   23-6  as the original document.
   23-7        SECTION 19.  Section 151.002(b), Family Code, as added by
   23-8  House Bill 655, Acts of the 74th Legislature, Regular Session,
   23-9  1995, is amended to read as follows:
  23-10        (b)  A presumption under this section may be rebutted as
  23-11  provided by Section 160.110 <only by clear and convincing evidence.
  23-12  If two or more presumptions arise that conflict, the presumption
  23-13  that is founded on the weightier considerations of policy and logic
  23-14  controls.  The presumption is rebutted by a court order
  23-15  establishing paternity of the child by another man>.
  23-16        SECTION 20.  Section 151.003(a), Family Code, as added by
  23-17  House Bill 655, Acts of the 74th Legislature, Regular Session,
  23-18  1995, is amended to read as follows:
  23-19        (a)  A parent of a child has the following rights and duties:
  23-20              (1)  the right to have physical possession, to direct
  23-21  the moral and religious training, and to establish the residence of
  23-22  the child;
  23-23              (2)  the duty of care, control, protection, and
  23-24  reasonable discipline of the child;
  23-25              (3)  the duty to support the child, including providing
  23-26  the child with clothing, food, shelter, medical and dental care,
  23-27  and education;
   24-1              (4)  the duty, except when a guardian of the child's
   24-2  estate has been appointed, to manage the estate of the child,
   24-3  including the right <a power> as an agent of the child to act in
   24-4  relation to the child's estate if the child's action is required by
   24-5  a state, the United States, or a foreign government;
   24-6              (5)  the right to the services and earnings of the
   24-7  child;
   24-8              (6)  the right to consent to the child's marriage,
   24-9  enlistment in the armed forces of the United States, medical and
  24-10  dental care, and psychiatric, psychological, and surgical
  24-11  treatment;
  24-12              (7)  the right to represent the child in legal action
  24-13  and to make other decisions of substantial legal significance
  24-14  concerning the child;
  24-15              (8)  the right to receive and give receipt for payments
  24-16  for the support of the child and to hold or disburse funds for the
  24-17  benefit of the child;
  24-18              (9)  the right to inherit from and through the child;
  24-19  <and>
  24-20              (10)  the right to make decisions concerning the
  24-21  child's education;  and
  24-22              (11)  any other right or duty existing between a parent
  24-23  and child by virtue of law.
  24-24        SECTION 21.  Section 152.003, Family Code, as added by House
  24-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  24-26  amended by adding Subsection (e) to read as follows:
  24-27        (e)  A court that has jurisdiction of a suit under Subsection
   25-1  (a)(3) for which a court in another state may exercise jurisdiction
   25-2  under prerequisites substantially in accordance with Subsection
   25-3  (a)(1) or (2) may enter only a temporary order to protect the
   25-4  child.  The suit shall be dismissed in this state on the date a
   25-5  court of competent jurisdiction in another state signs an order in
   25-6  the suit or on the 91st day after the date the court in this state
   25-7  exercised its jurisdiction, whichever date occurs first.
   25-8        SECTION 22.  Section 153.001, Family Code, as added by House
   25-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  25-10  amended to read as follows:
  25-11        Sec. 153.001.  PUBLIC POLICY.  (a)  The public policy of this
  25-12  state is to:
  25-13              (1)  assure that children will have frequent and
  25-14  continuing contact with parents who have shown the ability to act
  25-15  in the best interest of the child;
  25-16              (2)  provide a stable environment for the child; and
  25-17              (3)  encourage parents to share in the rights and
  25-18  duties of raising their child after the parents have separated or
  25-19  dissolved their marriage.
  25-20        (b)  A court may not render an order that conditions the
  25-21  right of a conservator to possession of or access to a child on the
  25-22  payment of child support.
  25-23        SECTION 23.  Section 153.007(c), Family Code, as added by
  25-24  House Bill 655, Acts of the 74th Legislature, Regular Session,
  25-25  1995, is amended to read as follows:
  25-26        (c)  Terms of the agreement contained in the order or
  25-27  incorporated by reference regarding conservatorship or support of
   26-1  or access to a child in an order may be enforced by all remedies
   26-2  available for enforcement of a judgment, including contempt, but
   26-3  are not enforceable as a contract <terms unless provided by the
   26-4  agreement>.
   26-5        SECTION 24.  Subchapter A, Chapter 153, as added by House
   26-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   26-7  amended by adding Section 153.013 to read as follows:
   26-8        Sec. 153.013.  FALSE REPORT OF CHILD ABUSE.  (a)  If a party
   26-9  to a pending suit affecting the parent-child relationship makes a
  26-10  report alleging child abuse by another party to the suit that the
  26-11  reporting party knows lacks a factual foundation, the court shall
  26-12  deem the report to be a knowingly false report.
  26-13        (b)  Evidence of a false report of child abuse is admissible
  26-14  in a suit between the involved parties regarding the terms of
  26-15  conservatorship of a child.
  26-16        SECTION 25.  Section 153.073(a), Family Code, as added by
  26-17  House Bill 655, Acts of the 74th Legislature, Regular Session,
  26-18  1995, is amended to read as follows:
  26-19        (a)  Unless limited by court order, a parent appointed as a
  26-20  conservator of a child has at all times the right:
  26-21              (1)  as specified by court order:
  26-22                    (A)  to receive information from the other parent
  26-23  concerning the health, education, and welfare of the child; and
  26-24                    (B) <(2)>  to confer with the other parent to the
  26-25  extent possible before making a decision concerning the health,
  26-26  education, and welfare of the child;
  26-27              (2) <(3)>  of access to medical, dental, psychological,
   27-1  and educational records of the child;
   27-2              (3) <(4)>  to consult with a physician, dentist, or
   27-3  psychologist of the child;
   27-4              (4) <(5)>  to consult with school officials concerning
   27-5  the child's welfare and educational status, including school
   27-6  activities;
   27-7              (5) <(6)>  to attend school activities;
   27-8              (6) <(7)>  to be designated on the child's records as a
   27-9  person to be notified in case of an emergency;
  27-10              (7) <(8)>  to consent to medical, dental, and surgical
  27-11  treatment during an emergency involving an immediate danger to the
  27-12  health and safety of the child; and
  27-13              (8) <(9)>  to manage the estate of the child to the
  27-14  extent the estate has been created by the parent or the parent's
  27-15  family.
  27-16        SECTION 26.  Section 153.074, Family Code, as added by House
  27-17  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  27-18  amended to read as follows:
  27-19        Sec. 153.074.  RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
  27-20  Unless limited by court order, a parent appointed as a conservator
  27-21  of a child has the following rights and duties during the period
  27-22  that the parent has possession of the child:
  27-23              (1)  the duty of care, control, protection, and
  27-24  reasonable discipline of the child;
  27-25              (2)  the duty to support the child, including providing
  27-26  the child with clothing, food, shelter, and medical and dental care
  27-27  not involving an invasive procedure; <and>
   28-1              (3)  the right to consent for the child to medical and
   28-2  dental care not involving an invasive procedure;
   28-3              (4)  the right to consent for the child to medical,
   28-4  dental, and surgical treatment during an emergency involving
   28-5  immediate danger to the health and safety of the child; and
   28-6              (5)  the right to direct the moral and religious
   28-7  training of the child.
   28-8        SECTION 27.  Section 153.132, Family Code, as added by House
   28-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  28-10  amended to read as follows:
  28-11        Sec. 153.132.  RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
  28-12  MANAGING CONSERVATOR.  Unless limited by court order, a parent
  28-13  appointed as sole managing conservator of a child has the rights
  28-14  and duties provided by Subchapter B and the following exclusive
  28-15  rights:
  28-16              (1)  the right to establish the primary residence of
  28-17  the child;
  28-18              (2)  the right to consent to medical, dental, and
  28-19  surgical treatment involving invasive procedures, and to consent to
  28-20  psychiatric and psychological treatment;
  28-21              (3)  the right to receive and give receipt for periodic
  28-22  payments for the support of the child and to hold or disburse these
  28-23  funds for the benefit of the child;
  28-24              (4)  the right to represent the child in legal action
  28-25  and to make other decisions of substantial legal significance
  28-26  concerning the child;
  28-27              (5)  the right to consent to marriage and to enlistment
   29-1  in the armed forces of the United States;
   29-2              (6)  the right to make decisions concerning the child's
   29-3  education;
   29-4              (7)  the right to the services and earnings of the
   29-5  child; and
   29-6              (8) <(7)>  except when a guardian of the child's estate
   29-7  or a guardian or attorney ad litem has been appointed for the
   29-8  child, the right to act as an agent of the child in relation to the
   29-9  child's estate if the child's action is required by a state, the
  29-10  United States, or a foreign government.
  29-11        SECTION 28.  Section 153.371, Family Code, as added by House
  29-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  29-13  amended to read as follows:
  29-14        Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
  29-15  SOLE MANAGING CONSERVATOR.  Unless limited by court order or other
  29-16  provisions of this chapter, a nonparent, licensed child-placing
  29-17  agency, or authorized agency appointed as a managing conservator of
  29-18  the child has the following rights and duties:
  29-19              (1)  the right to have physical possession and <,> to
  29-20  direct the moral and religious training<, and to establish the
  29-21  primary residence> of the child;
  29-22              (2)  the duty of care, control, protection, and
  29-23  reasonable discipline of the child;
  29-24              (3)  the duty to provide the child with clothing, food,
  29-25  shelter, <and> education, and medical, psychological, and dental
  29-26  care;
  29-27              (4)  the right to consent for the child to medical,
   30-1  psychiatric, psychological, dental, and surgical treatment;
   30-2              (5)  the right to receive and give receipt for payments
   30-3  for the support of the child and to hold or disburse funds for the
   30-4  benefit of the child;
   30-5              (6)  the right to the services and earnings of the
   30-6  child;
   30-7              (7)  the right to consent to marriage and to enlistment
   30-8  in the armed forces of the United States;
   30-9              (8)  the right to represent the child in legal action
  30-10  and to make other decisions of substantial legal significance
  30-11  concerning the child;
  30-12              (9)  except when a guardian of the child's estate or a
  30-13  guardian or attorney ad litem has been appointed for the child, the
  30-14  right to act as an agent of the child in relation to the child's
  30-15  estate if the child's action is required by a state, the United
  30-16  States, or a foreign government; <and>
  30-17              (10)  the right to establish the primary residence of
  30-18  the child and to make decisions regarding the child's education;
  30-19  and
  30-20              (11)  if the parent-child relationship has been
  30-21  terminated with respect to the parents, or only living parent, or
  30-22  if there is no living parent, the right to consent to the adoption
  30-23  of the child and to make any other decision concerning the child
  30-24  that a parent could make.
  30-25        SECTION 29.  Section 153.256, Family Code, as added by House
  30-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  30-27  amended to read as follows:
   31-1        Sec. 153.256.  FACTORS FOR COURT TO CONSIDER.  In ordering
   31-2  the terms of possession of a child under an order other than a
   31-3  standard possession order, the court shall be guided by the
   31-4  guidelines established by the standard possession order and may
   31-5  consider:
   31-6              (1)  the age, developmental status, circumstances,
   31-7  needs, and best interest of the child;
   31-8              (2)  the circumstances of the managing conservator and
   31-9  of the parent named as a possessory conservator; and
  31-10              (3)  any other relevant factor.
  31-11        SECTION 30.  Section 153.313, Family Code, as added by House
  31-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  31-13  amended to read as follows:
  31-14        Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART.  If
  31-15  the possessory conservator resides more than 100 miles from the
  31-16  residence of the child, the possessory conservator shall have the
  31-17  right to possession of the child as follows:
  31-18              (1)  either regular weekend possession beginning on the
  31-19  first, third, and fifth Friday as provided under the terms
  31-20  applicable to parents who reside 100 miles or less apart or not
  31-21  more than one weekend per month of the possessory conservator's
  31-22  choice beginning at 6 p.m. on the day school recesses for the
  31-23  weekend and ending at 6 p.m. on the day before school resumes after
  31-24  the weekend, provided that the possessory conservator gives the
  31-25  managing conservator 14 <seven> days' written or telephonic notice
  31-26  preceding a designated weekend, and provided that the possessory
  31-27  conservator elects an option for this alternative period of
   32-1  possession by written notice given to the managing conservator
   32-2  within 90 days after the parties begin to reside more than 100
   32-3  miles apart, as applicable;
   32-4              (2)  each year beginning on the day the child is
   32-5  dismissed from school for the school's spring vacation and ending
   32-6  at 6 p.m. on the day before school resumes after that vacation;
   32-7              (3)  if the possessory conservator:
   32-8                    (A)  gives the managing conservator written
   32-9  notice by May 1 of each year specifying an extended period or
  32-10  periods of summer possession, the possessory conservator shall have
  32-11  possession of the child for 42 days beginning not earlier than the
  32-12  day after the child's school is dismissed for the summer vacation
  32-13  and ending not later than seven days before school resumes at the
  32-14  end of the summer vacation, to be exercised in not more than two
  32-15  separate periods of at least seven consecutive days each; or
  32-16                    (B)  does not give the managing conservator
  32-17  written notice by May 1 of each year specifying an extended period
  32-18  or periods of summer possession, the possessory conservator shall
  32-19  have possession of the child for 42 consecutive days beginning at 6
  32-20  p.m.  on June 15 and ending at 6 p.m. on July 27;
  32-21              (4)  if the managing conservator gives the possessory
  32-22  conservator written notice by June 1 of each year the managing
  32-23  conservator shall have possession of the child on one weekend
  32-24  beginning Friday at 6 p.m. and ending at 6 p.m.  on the following
  32-25  Sunday during one period of possession by the possessory
  32-26  conservator under Subdivision (3), provided that if a period of
  32-27  possession by the possessory conservator exceeds 30 days, the
   33-1  managing conservator may have possession of the child under the
   33-2  terms of this subdivision on two nonconsecutive weekends during
   33-3  that time period, and further provided that the managing
   33-4  conservator picks up the child from the possessory conservator and
   33-5  returns the child to that same place; and
   33-6              (5)  if the managing conservator gives the possessory
   33-7  conservator written notice by June 1 <May 15> of each year <or
   33-8  gives the possessory conservator 30 days' written notice on or
   33-9  after May 16 of each year>, the managing conservator may designate
  33-10  21 days beginning not earlier than the day after the child's school
  33-11  is dismissed for the summer vacation and ending not later than
  33-12  seven days before school resumes at the end of the summer vacation,
  33-13  to be exercised in not more than two separate periods of at least
  33-14  seven consecutive days each, during which the possessory
  33-15  conservator may not have possession of the child, provided that the
  33-16  period or periods so designated do not interfere with the
  33-17  possessory conservator's period or periods of extended summer
  33-18  possession or with Father's Day if the possessory conservator is
  33-19  the father of the child.
  33-20        SECTION 31.  Section 153.374(a), Family Code, as added by
  33-21  House Bill 655, Acts of the 74th Legislature, Regular Session,
  33-22  1995, is amended to read as follows:
  33-23        (a)  A parent may designate a competent person, authorized
  33-24  agency, or licensed child-placing agency to serve as managing
  33-25  conservator of the child in an unrevoked or irrevocable affidavit
  33-26  of relinquishment of parental rights executed as provided by
  33-27  Chapter 161 <22>.
   34-1        SECTION 32.  Section 154.001, Family Code, as added by House
   34-2  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   34-3  amended to read as follows:
   34-4        Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order
   34-5  either or both parents to support a child in the manner specified
   34-6  by the order:
   34-7              (1)  until the child is 18 years of age or until
   34-8  graduation from high school, whichever occurs later;
   34-9              (2)  until the child is emancipated through marriage,
  34-10  through removal of the disabilities of minority by court order, or
  34-11  by other operation of law;
  34-12              (3)  until the death of the child; or
  34-13              (4)  if the child is disabled as defined in this
  34-14  chapter, for an indefinite period.
  34-15        (b)  The court may order either or both parents to make
  34-16  periodic payments for the support of a child in a proceeding in
  34-17  which the Department of Protective and Regulatory Services is named
  34-18  temporary managing conservator.  In a proceeding in which the
  34-19  Department of Protective and Regulatory Services is named permanent
  34-20  managing conservator of a child whose parents' rights have not been
  34-21  terminated, the court shall order each parent that is financially
  34-22  able to make periodic payments for the support of the child.
  34-23        SECTION 33.  Subchapter A, Chapter 154, Family Code, as added
  34-24  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  34-25  1995, is amended by adding Section 154.011 to read as follows:
  34-26        Sec. 154.011.  SUPPORT NOT CONDITIONED ON POSSESSION OR
  34-27  ACCESS.  A court may not render an order that conditions the
   35-1  payment of child support on whether a managing conservator allows a
   35-2  possessory conservator to have possession of or access to a child.
   35-3        SECTION 34.  Section 154.062(d), Family Code, as added by
   35-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
   35-5  1995, is amended to read as follows:
   35-6        (d)  The court shall deduct the following items from
   35-7  resources to determine the net resources available for child
   35-8  support:
   35-9              (1)  social security taxes;
  35-10              (2)  federal income tax based on the tax rate for a
  35-11  single person claiming one personal exemption and the standard
  35-12  deduction;
  35-13              (3)  state income tax;
  35-14              (4)  union dues; and
  35-15              (5) <(4)>  expenses for health insurance coverage for
  35-16  the obligor's child.
  35-17        SECTION 35.  Section 154.241, Family Code, as added by House
  35-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  35-19  amended by adding Subsection (e) to read as follows:
  35-20        (e)  Subject to Section 154.004, at the request of an
  35-21  obligee, a local registry shall redirect and forward a child
  35-22  support payment to an address and in care of a person or entity
  35-23  designated by the obligee.  A local registry may require that the
  35-24  obligee's request be in writing or be made on a form provided by
  35-25  the local registry for that purpose, but may not charge a fee for
  35-26  receiving the request or redirecting the payments as requested.
  35-27        SECTION 36.  Subchapter F, Chapter 154, Family Code, as added
   36-1  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   36-2  1995, is amended by adding Section 154.309 to read as follows:
   36-3        Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT DISABLED
   36-4  CHILD.  (a)  A court may render an order for the possession of or
   36-5  access to an adult disabled child that is appropriate under the
   36-6  circumstances.
   36-7        (b)  Possession of or access to an adult disabled child is
   36-8  enforceable in the manner provided by Chapter 157.  An adult
   36-9  disabled child may refuse possession or access if the adult
  36-10  disabled child is mentally competent.
  36-11        SECTION 37.  Sections 155.101(a), (b), and (d), Family Code,
  36-12  as added by House Bill 655, Acts of the 74th Legislature, Regular
  36-13  Session, 1995, are amended to read as follows:
  36-14        (a)  The petitioner or the court shall request from the
  36-15  bureau of vital statistics <Department of Protective and Regulatory
  36-16  Services> identification of the court that last had continuing,
  36-17  exclusive jurisdiction of the child in a suit unless:
  36-18              (1)  the petition alleges that no court has continuing,
  36-19  exclusive jurisdiction of the child and the issue is not disputed
  36-20  by the pleadings; or
  36-21              (2)  the petition alleges that the court in which the
  36-22  suit, petition for further remedy, or petition to modify has been
  36-23  filed has acquired and retains continuing, exclusive jurisdiction
  36-24  of the child as the result of a prior proceeding and the issue is
  36-25  not disputed by the pleadings.
  36-26        (b)  The bureau of vital statistics <department> shall, on
  36-27  the written request of the court, an attorney, or a party:
   37-1              (1)  identify the court that last had continuing,
   37-2  exclusive jurisdiction of the child in a suit and give the docket
   37-3  number of the suit; or
   37-4              (2)  state that the child has not been the subject of a
   37-5  suit.
   37-6        (d)  The bureau of vital statistics <department> shall
   37-7  transmit the information not later than the 10th day after the date
   37-8  on which the request is received.
   37-9        SECTION 38.  Section 155.103, Family Code, as added by House
  37-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  37-11  amended to read as follows:
  37-12        Sec. 155.103.  RELIANCE ON DEPARTMENT INFORMATION.  (a)  A
  37-13  court shall have jurisdiction over a suit if it has been, correctly
  37-14  or incorrectly, informed by the bureau of vital statistics
  37-15  <Department of Protective and Regulatory Services> that the child
  37-16  has not been the subject of a suit and the petition states that no
  37-17  other court has continuing, exclusive jurisdiction over the child.
  37-18        (b)  If the bureau of vital statistics <department> notifies
  37-19  the court that the bureau <department> has furnished incorrect
  37-20  information regarding the existence of another court with
  37-21  continuing, exclusive jurisdiction before the rendition of a final
  37-22  order, the provisions of this chapter apply.
  37-23        SECTION 39.  Section 155.104, Family Code, as added by House
  37-24  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  37-25  amended to read as follows:
  37-26        Sec. 155.104.  VOIDABLE ORDER.  (a)  If a request for
  37-27  information from the bureau of vital statistics <Department of
   38-1  Protective and Regulatory Services> relating to the identity of the
   38-2  court having continuing, exclusive jurisdiction of the child has
   38-3  been made under this subchapter, a final order, except an order of
   38-4  dismissal, may not be rendered until the information is filed with
   38-5  the court.
   38-6        (b)  If a final order is rendered in the absence of the
   38-7  filing of the information from the bureau of vital statistics
   38-8  <department>, the order is voidable on a showing that a court other
   38-9  than the court that rendered the order had continuing, exclusive
  38-10  jurisdiction.
  38-11        SECTION 40.  Section 156.101, Family Code, as added by House
  38-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  38-13  amended to read as follows:
  38-14        Sec. 156.101.  GROUNDS FOR MODIFICATION OF SOLE MANAGING
  38-15  CONSERVATORSHIP.  (a)  The court may modify an order that
  38-16  designates a sole managing conservator of a child of any age if:
  38-17              (1)  the circumstances of the child, sole managing
  38-18  conservator, possessory conservator, or other party affected by the
  38-19  order have materially and substantially changed since the date of
  38-20  the rendition of the order;
  38-21              (2)  the retention of the present sole managing
  38-22  conservator would be injurious to the welfare of the child; and
  38-23              (3)  the appointment of the new sole managing
  38-24  conservator would be a positive improvement for the child.
  38-25        (b)  The court may modify an order that designates a sole
  38-26  managing conservator of a child 12 years of age or older if:
  38-27              (1)  the child has filed with the court in writing the
   39-1  name of the person who is the child's choice for managing
   39-2  conservator; and
   39-3              (2)  the court finds that the appointment of the named
   39-4  person is in the best interest of the child.
   39-5        SECTION 41.  Section 156.203, Family Code, as added by House
   39-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   39-7  amended to read as follows:
   39-8        Sec. 156.203.  MODIFICATION FROM JOINT MANAGING
   39-9  CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP.  The court may
  39-10  replace a joint managing conservatorship with a sole managing
  39-11  conservatorship if:
  39-12              (1)(A)  the child's present living environment may
  39-13  endanger the child's physical health or significantly impair the
  39-14  child's emotional development <welfare of the child is a matter of
  39-15  immediate and serious concern>;
  39-16                    (B)  there has been a substantial and unexcused
  39-17  violation of the terms and conditions established in the existing
  39-18  conservatorship order; or
  39-19                    (C)  the circumstances of the child or of one or
  39-20  both of the joint managing conservators have so materially and
  39-21  substantially changed since the rendition of the order that it has
  39-22  become unworkable or inappropriate under existing circumstances;
  39-23  and
  39-24              (2)  the appointment of a sole managing conservator
  39-25  would be a positive improvement for and in the best interest of the
  39-26  child.
  39-27        SECTION 42.  Section 157.062(c), Family Code, as added by
   40-1  House Bill 655, Acts of the 74th Legislature, Regular Session,
   40-2  1995, is amended to read as follows:
   40-3        (c)  Notice <Except as provided in this chapter, the notice>
   40-4  of hearing on a motion for enforcement of an existing order
   40-5  providing for child support or possession of or access to a child
   40-6  shall be given to the respondent by personal service of a copy of
   40-7  the motion and notice not later than the 10th day before the date
   40-8  of the hearing.
   40-9        SECTION 43.  Section 157.066, Family Code, as added by House
  40-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-11  amended to read as follows:
  40-12        Sec. 157.066.  FAILURE TO APPEAR.  <(a)>  If a respondent who
  40-13  has been personally served with <sent> notice <by first class mail>
  40-14  to appear at a hearing does not appear at the designated time,
  40-15  place, and date to respond to a motion for enforcement of an
  40-16  existing court order, regardless of whether the motion is joined
  40-17  with other claims or remedies, the court may not hold the
  40-18  respondent in contempt but may, on proper proof, grant a default
  40-19  judgement for the relief sought and <personal service of notice of
  40-20  a hearing shall be attempted.>
  40-21        <(b)  The court shall> issue a capias for the arrest of the
  40-22  respondent <a party if:>
  40-23              <(1)  the party is allegedly in arrears in
  40-24  court-ordered child support payments;>
  40-25              <(2)  the party has been ordered as provided in Chapter
  40-26  105 to provide the clerk of the court with the party's current
  40-27  mailing address;>
   41-1              <(3)  the party did not appear at the hearing; and>
   41-2              <(4)  subsequently an attempt to serve notice of the
   41-3  hearing by personal service on the party has been unsuccessful
   41-4  despite diligent efforts to serve process at the latest address on
   41-5  file with the clerk and at any other address known to the moving
   41-6  party at which the respondent may be served>.
   41-7        SECTION 44.  Subchapter D, Chapter 157, Family Code, as added
   41-8  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   41-9  1995, is amended by adding Section 157.168 to read as follows:
  41-10        Sec. 157.168.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  A
  41-11  court may order additional periods of possession of or access to a
  41-12  child to compensate for the denial of court-ordered possession or
  41-13  access.
  41-14        SECTION 45.  Section 157.265, Family Code, as added by House
  41-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  41-16  amended to read as follows:
  41-17        Sec. 157.265.  ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
  41-18  SUPPORT.  (a)  Interest accrues on delinquent child support at the
  41-19  rate of 12 percent simple interest per year from the date the
  41-20  support is delinquent until the date the support is paid or the
  41-21  arrearages are confirmed and reduced to money judgment.
  41-22        (b)  Interest accrues on child support arrearages that have
  41-23  been confirmed and reduced to money judgment as provided in this
  41-24  subchapter at the rate of 12 percent simple interest per year from
  41-25  the date the order is rendered until the date the judgment is paid.
  41-26        (c)  Interest accrues on a money judgment for retroactive or
  41-27  lump-sum child support at the annual rate of 12 percent simple
   42-1  interest from the date the order is rendered until the judgment is
   42-2  paid.
   42-3        SECTION 46.  Subchapter F, Chapter 157, Family Code, as added
   42-4  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   42-5  1995, is amended by adding Section 157.269 to read as follows:
   42-6        Sec. 157.269.  RETENTION OF JURISDICTION.  A court that
   42-7  renders an order providing for the payment of child support
   42-8  arrearages retains jurisdiction until the arrearages are paid in
   42-9  full as required by the court order.
  42-10        SECTION 47.  Subchapter A, Chapter 158, Family Code, as added
  42-11  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  42-12  1995, is amended by adding Section 158.011 to read as follows:
  42-13        Sec. 158.011.  VOLUNTARY WITHHOLDING BY OBLIGOR.  (a)  An
  42-14  obligor may file with the clerk of the court a notarized request
  42-15  signed by the obligor and the obligee for the issuance and delivery
  42-16  to the obligor's employer of a writ of withholding.  A request may
  42-17  be filed under this section regardless of whether a notice of
  42-18  delinquency has been served on any party or of the existence or
  42-19  amount of an arrearage.
  42-20        (b)  On receipt of a request under this section, the clerk
  42-21  shall issue and deliver a writ of withholding in the manner
  42-22  provided by this chapter.
  42-23        (c)  An employer that receives a writ of withholding issued
  42-24  under this section may request a hearing in the same manner and
  42-25  according to the same terms provided by Section 158.205.
  42-26        (d)  An obligor whose employer receives a writ of withholding
  42-27  issued under this section may request a hearing in the manner
   43-1  provided by Section 158.309.
   43-2        (e)  An obligee may contest a writ of withholding issued
   43-3  under this section by requesting, not later than the 180th day
   43-4  after the date on which the obligee discovers that the writ has
   43-5  been issued, a hearing in the manner provided by Section 158.309.
   43-6        (f)  A writ of withholding under this section may not reduce
   43-7  the total amount of child support, including arrearages, owed by
   43-8  the obligor.
   43-9        SECTION 48.  Subchapter B, Chapter 158, Family Code, as added
  43-10  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  43-11  1995, is amended by adding Section 158.107 to read as follows:
  43-12        Sec. 158.107.  FEES FOR ISSUING AND DELIVERING WRIT.  The
  43-13  clerk of the court may charge a fee in a reasonable amount set by
  43-14  the clerk, not to exceed $15, for each writ issued and delivered
  43-15  under this chapter to an employer by mail.
  43-16        SECTION 49.  Section 158.301(b), Family Code, as added by
  43-17  House Bill 655, Acts of the 74th Legislature, Regular Session,
  43-18  1995, is amended to read as follows:
  43-19        (b)  The notice of withholding may be filed in the court of
  43-20  continuing jurisdiction by:
  43-21              (1)  the Title IV-D agency;
  43-22              (2)  the attorney representing the local domestic
  43-23  relations office;
  43-24              (3)  the attorney appointed a friend of the court as
  43-25  provided in Chapter 202; <or>
  43-26              (4)  the obligor or obligee; or
  43-27              (5)  a private attorney representing the obligor or
   44-1  obligee.
   44-2        SECTION 50.  Section 158.303, Family Code, as added by House
   44-3  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   44-4  amended to read as follows:
   44-5        Sec. 158.303.  INTERSTATE REQUEST FOR INCOME WITHHOLDING.
   44-6  (a)  In a Title IV-D case, the registration of a foreign support
   44-7  order as provided in Chapter 159 <160> is sufficient for the filing
   44-8  of a notice of withholding.
   44-9        (b)  The notice shall be filed with the clerk of the court
  44-10  having venue as provided in Chapter 159 <160>.
  44-11        (c)  Notice of withholding may be delivered to the obligor at
  44-12  the same time that an order is filed for registration under Chapter
  44-13  159 <160>.
  44-14        SECTION 51.  Section 158.309(b), Family Code, as added by
  44-15  House Bill 655, Acts of the 74th Legislature, Regular Session,
  44-16  1995, is amended to read as follows:
  44-17        (b)  The court shall hold a hearing on the motion to stay not
  44-18  later than the 30th day after the date the motion was filed, except
  44-19  that a hearing on a motion to stay in a proceeding that is not in a
  44-20  Title IV-D case may be held later than the 30th day after filing if
  44-21  both the obligor and obligee agree and waive the right to have the
  44-22  motion heard within 30 days.
  44-23        SECTION 52.  Subchapter D, Chapter 158, Family Code, as added
  44-24  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  44-25  1995, is amended by adding Section 158.319 to read as follows:
  44-26        Sec. 158.319.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
  44-27  TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a writ of
   45-1  withholding by the clerk, an attorney authorized to file a notice
   45-2  of withholding under this subchapter may issue the writ of
   45-3  withholding to a subsequent employer of the obligor by delivering
   45-4  to the employer by certified mail a copy of the writ.
   45-5        (b)  The writ must include the name, address, and signature
   45-6  of the attorney and clearly indicate that the writ is being issued
   45-7  to a subsequent employer.
   45-8        (c)  The attorney shall file a copy of the writ with the
   45-9  clerk not later than the third working day following delivery of
  45-10  the writ to the subsequent employer.  The attorney shall pay the
  45-11  clerk a fee of $15 at the time the copy of the writ is filed.
  45-12        (d)  The attorney shall file the postal return receipt from
  45-13  the delivery to the subsequent employer not later than the third
  45-14  working day after the attorney receives the receipt.
  45-15        SECTION 53.  Subchapter E, Chapter 158, Family Code, as added
  45-16  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  45-17  1995, is amended by adding new Sections 158.402 and 158.403 and
  45-18  redesignating existing Sections 158.402 and 158.403 to read as
  45-19  follows:
  45-20        Sec. 158.402.  EFFECT OF AGREEMENT BY PARTIES.  If an obligor
  45-21  and obligee agree on a reduction in or termination of child
  45-22  support, the obligor and obligee may file a notarized request with
  45-23  the clerk of the court under Section 158.011.  The clerk shall
  45-24  issue and deliver a writ of withholding to the obligor's employer
  45-25  that reflects the agreed modification or the termination of
  45-26  withholding.
  45-27        Sec. 158.403.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
   46-1  IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates
   46-2  voluntary withholding under Section 158.011, the obligee or an
   46-3  agency providing child support services may file with the clerk of
   46-4  the court a notarized request signed by the obligor and the obligee
   46-5  or agency, as appropriate, for the issuance and delivery to the
   46-6  obligor of a:
   46-7              (1)  modified writ of withholding that reduces the
   46-8  amount of withholding; or
   46-9              (2)  notice of termination of withholding.
  46-10        (b)  On receipt of a request under this section, the clerk
  46-11  shall issue and deliver a modified writ of withholding or notice of
  46-12  termination in the manner provided by Section 158.402.
  46-13        (c)  The clerk may charge a reasonable fee not to exceed $15
  46-14  for filing the request.
  46-15        (d)  An obligee may contest a modified writ of withholding or
  46-16  notice of termination issued under this section by requesting a
  46-17  hearing in the manner provided by Section 158.309 not later than
  46-18  the 180th day after the date the obligee discovers that the writ or
  46-19  notice has been issued.
  46-20        Sec. 158.404  <158.402>.  DELIVERY OF ORDER OF REDUCTION OR
  46-21  TERMINATION OF WITHHOLDING.  If a court has rendered an order that
  46-22  reduces the amount of child support to be withheld or terminates
  46-23  withholding for child support, any person or governmental entity
  46-24  may deliver to the employer a certified copy of the order without
  46-25  the requirement that the clerk of the court deliver the order.
  46-26        Sec. 158.405 <158.403>.  LIABILITY OF EMPLOYERS.  The
  46-27  provisions of this chapter regarding the liability of employers for
   47-1  withholding apply to an order that reduces or terminates
   47-2  withholding.
   47-3        SECTION 54.  Section 160.101, Family Code, as added by House
   47-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   47-5  amended to read as follows:
   47-6        Sec. 160.101.  DENIAL OF PATERNITY.  (a)  The presumption
   47-7  that a <A> man <who> is the biological <a presumed> father of a
   47-8  child under Chapter 151 may be contested by:
   47-9              (1)  <,> the biological mother of the child;
  47-10              (2)  a man presumed to be the father of the child, who
  47-11  may contest his own or another man's presumed paternity;
  47-12              (3)  a man alleging himself to be the biological father
  47-13  of the child; or
  47-14              (4)  <, or> a governmental entity, authorized agency,
  47-15  or a licensed child-placing agency <is entitled in a suit to deny a
  47-16  presumed father's paternity of the child>.
  47-17        (b)  A contest <The question> of paternity <under this
  47-18  section> must be raised by an express statement denying paternity
  47-19  of the child in a party's pleadings in the suit, without regard to
  47-20  whether the presumed father or biological mother is a petitioner or
  47-21  respondent.
  47-22        (c) <(b)>  In a suit in which a question of paternity is
  47-23  raised <under this section>, the court shall conduct the pretrial
  47-24  proceedings and order scientifically accepted paternity testing as
  47-25  <required in a suit> provided by  this chapter.
  47-26        SECTION 55.  Section 160.110, Family Code, as added by House
  47-27  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   48-1  amended by amending Subsection (a) and adding Subsections (d)-(h)
   48-2  to read as follows:
   48-3        (a)  In a suit in which there is a presumption of parentage
   48-4  under Chapter 151, the party denying a presumed father's paternity
   48-5  of the child has the burden of rebutting the presumption of
   48-6  paternity by clear and convincing evidence.
   48-7        (d)  The court shall dismiss with prejudice a claim regarding
   48-8  a presumed father whose paternity is excluded by scientifically
   48-9  accepted paternity testing.
  48-10        (e)  If two or more presumptions are in conflict, the
  48-11  presumption that is founded on the weightier considerations of
  48-12  policy and logic controls.  The court shall find that the weightier
  48-13  presumption of paternity is that of a presumed father who is not
  48-14  excluded as the biological father of the child by scientifically
  48-15  accepted paternity testing that shows that at least 99 percent of
  48-16  the male population is excluded.
  48-17        (f)  The court shall dismiss a suit contesting a presumption
  48-18  of paternity filed by a man who is not a presumed father, but who
  48-19  alleges himself to be the biological father of a child, if:
  48-20              (1)  the suit is filed after the second anniversary of
  48-21  the later of:
  48-22                    (A)  the date of birth of the child; or
  48-23                    (B)  the time the presumption of paternity came
  48-24  into existence after the child was born; and
  48-25              (2)  the presumed father:
  48-26                    (A)  has resided in the same household as the
  48-27  child in a father-child relationship or has established a
   49-1  father-child relationship with the child through his other actions;
   49-2  and
   49-3                    (B)  requests an order designating him as the
   49-4  father of the child.
   49-5        (g)  A suit contesting a presumption that a man is the
   49-6  biological father of a child may be filed at any time during the
   49-7  minority of the child by:
   49-8              (1)  the biological mother of the child;
   49-9              (2)  a presumed father; or
  49-10              (3)  a governmental entity, authorized agency, or
  49-11  licensed child-placing agency.
  49-12        (h)  If a presumption of paternity is rebutted, the court
  49-13  shall enter an order finding that the man presumed to be the father
  49-14  of the child is not the biological father.
  49-15        SECTION 56.  Section 161.001, Family Code, as added by House
  49-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  49-17  amended to read as follows:
  49-18        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
  49-19  RELATIONSHIP.  The court may order termination of the parent-child
  49-20  relationship if the court finds by clear and convincing evidence
  49-21  <that>:
  49-22              (1)  that the parent has:
  49-23                    (A)  voluntarily left the child alone or in the
  49-24  possession of another not the parent and expressed an intent not to
  49-25  return;
  49-26                    (B)  voluntarily left the child alone or in the
  49-27  possession of another not the parent without expressing an intent
   50-1  to return, without providing for the adequate support of the child,
   50-2  and remained away for a period of at least three months;
   50-3                    (C)  voluntarily left the child alone or in the
   50-4  possession of another without providing adequate support of the
   50-5  child and remained away for a period of at least six months;
   50-6                    (D)  knowingly placed or knowingly allowed the
   50-7  child to remain in conditions or surroundings which endanger the
   50-8  physical or emotional well-being of the child;
   50-9                    (E)  engaged in conduct or knowingly placed the
  50-10  child with persons who engaged in conduct which endangers the
  50-11  physical or emotional well-being of the child;
  50-12                    (F)  failed to support the child in accordance
  50-13  with his ability during a period of one year ending within six
  50-14  months of the date of the filing of the petition;
  50-15                    (G)  abandoned the child without identifying the
  50-16  child or furnishing means of identification, and the child's
  50-17  identity cannot be ascertained by the exercise of reasonable
  50-18  diligence;
  50-19                    (H)  voluntarily, and with knowledge of the
  50-20  pregnancy, abandoned the mother of the child beginning at a time
  50-21  during her pregnancy with the child and continuing through the
  50-22  birth, failed to provide adequate support or medical care for the
  50-23  mother during the period of abandonment before the birth of the
  50-24  child, and remained apart from the child or failed to support the
  50-25  child since the birth;
  50-26                    (I)  contumaciously refused to submit to a
  50-27  reasonable and lawful order of a court under Chapter 264;
   51-1                    (J)  been the major cause of:
   51-2                          (i)  the failure of the child to be
   51-3  enrolled in school as required by the Education Code; or
   51-4                          (ii)  the child's absence from the child's
   51-5  home without the consent of the parents or guardian for a
   51-6  substantial length of time or without the intent to return;
   51-7                    (K)  executed before or after the suit is filed
   51-8  an unrevoked or irrevocable affidavit of relinquishment of parental
   51-9  rights as provided by this chapter;
  51-10                    (L)  been adjudicated to be criminally
  51-11  responsible for the death or serious injury of a child <another of
  51-12  his or her children>; <or>
  51-13                    (M)  had his or her parent-child relationship
  51-14  terminated with respect to another child based on a finding that
  51-15  the parent's conduct was in violation of Paragraph (D) or (E); or
  51-16                    (N)  constructively abandoned the child who has
  51-17  been in the permanent or temporary managing conservatorship of the
  51-18  Department of Protective and Regulatory Services or an authorized
  51-19  agency for not less than one year, and:
  51-20                          (i)  the department or authorized agency
  51-21  has made reasonable efforts to return the child to the parent;
  51-22                          (ii)  the parent has not visited or
  51-23  maintained contact with the child; and
  51-24                          (iii)  the parent has demonstrated an
  51-25  inability to provide the child with a safe environment; and
  51-26              (2)  that termination is in the best interest of the
  51-27  child.
   52-1        SECTION 57.  Section 161.002(b), Family Code, as added by
   52-2  House Bill 655, Acts of the 74th Legislature, Regular Session,
   52-3  1995, is amended to read as follows:
   52-4        (b)  The rights of an alleged biological father may be
   52-5  terminated if, after being served with citation, he does not
   52-6  respond by timely filing an admission of paternity or a
   52-7  counterclaim for paternity under Chapter 160 <159> prior to the
   52-8  final hearing in the suit.
   52-9        SECTION 58.  Section 161.003(a), Family Code, as added by
  52-10  House Bill 655, Acts of the 74th Legislature, Regular Session,
  52-11  1995, is amended to read as follows:
  52-12        (a)  The court may order termination of the parent-child
  52-13  relationship in a suit filed by the Department of Protective and
  52-14  Regulatory Services if the court finds that:
  52-15              (1)  the parent has a mental or emotional illness or a
  52-16  mental deficiency that renders the parent unable to provide for the
  52-17  physical, emotional, and mental needs of the child;
  52-18              (2)  the illness or deficiency, in all reasonable
  52-19  probability, proved by clear and convincing evidence, will continue
  52-20  to render the parent unable to provide for the child's needs until
  52-21  the 18th birthday of the child;
  52-22              (3)  the department has been the temporary or sole
  52-23  <permanent> managing conservator of the child of the parent for the
  52-24  six months preceding the filing of the petition; <and>
  52-25              (4)  the department has made reasonable efforts to
  52-26  return the child to the parent; and
  52-27              (5)  the termination is in the best interest of the
   53-1  child.
   53-2        SECTION 59.  Section 161.005, Family Code, as added by House
   53-3  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   53-4  amended to read as follows:
   53-5        Sec. 161.005.  TERMINATION WHEN PARENT IS PETITIONER.  (a)  A
   53-6  parent may file a suit for termination of the petitioner's
   53-7  parent-child relationship.  The court may order termination if
   53-8  termination is in the best interest of the child.
   53-9        (b)  If the petition designates the Department of Protective
  53-10  and Regulatory Services as managing conservator, the department
  53-11  shall be given service of citation.  The court shall notify the
  53-12  department if the court appoints the department as the managing
  53-13  conservator of the child.
  53-14        SECTION 60.  Section 162.010(a), Family Code, as added by
  53-15  House Bill 655, Acts of the 74th Legislature, Regular Session,
  53-16  1995, is amended to read as follows:
  53-17        (a)  Unless the managing conservator is the petitioner, the
  53-18  written consent of a managing conservator to the adoption must be
  53-19  filed.  The court may waive the requirement of consent by the
  53-20  managing conservator if the court finds that the consent is being
  53-21  refused or has been revoked without good cause.   A hearing on the
  53-22  issue of consent shall be conducted by the court without a jury.
  53-23        SECTION 61.  Section 161.104, Family Code, as added by House
  53-24  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  53-25  amended to read as follows:
  53-26        Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
  53-27  PENDING COURT APPOINTMENT.  A person, licensed child-placing
   54-1  agency, or authorized agency designated managing conservator of a
   54-2  child in an irrevocable or unrevoked affidavit of relinquishment
   54-3  has a right to possession of the child superior to the right of the
   54-4  person executing the affidavit, the right to consent to medical,
   54-5  <and> surgical, dental, and psychological treatment of the child,
   54-6  and the rights and duties given by Chapter 153 to a possessory
   54-7  conservator until such time as these rights and duties are modified
   54-8  or terminated by court order.
   54-9        SECTION 62.  Section 161.107(d), Family Code, as added by
  54-10  House Bill 655, Acts of the 74th Legislature, Regular Session,
  54-11  1995, is amended to read as follows:
  54-12        (d)  If the department is not able to locate a missing parent
  54-13  or a relative of that parent and sufficient information is
  54-14  available concerning the physical whereabouts of the parent or
  54-15  relative, the department shall request the state agency designated
  54-16  to administer a statewide plan for child support to use the
  54-17  parental locator service established under 42 U.S.C. Section 653 to
  54-18  determine the location of the missing parent or relative.
  54-19        SECTION 63.  Section 161.206(a), Family Code, as added by
  54-20  House Bill 655, Acts of the 74th Legislature, Regular Session,
  54-21  1995, is amended to read as follows:
  54-22        (a)  If the court finds grounds for termination of the
  54-23  parent-child relationship by clear and convincing evidence, it
  54-24  shall render an order terminating the parent-child relationship.
  54-25        SECTION 64.  Section 162.004(b), Family Code, as added by
  54-26  House Bill 655, Acts of the 74th Legislature, Regular Session,
  54-27  1995, is amended to read as follows:
   55-1        (b)  For good cause shown, the court may set the hearing at
   55-2  any date after the report is filed <time that provides adequate
   55-3  time for filing the social study>.
   55-4        SECTION 65.  Section 162.015, Family Code, as added by House
   55-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   55-6  amended to read as follows:
   55-7        Sec. 162.015.  RACE OR ETHNICITY.  (a)  In determining the
   55-8  best interest of the child, the court may not deny or delay the
   55-9  adoption or otherwise discriminate on the basis of race or
  55-10  ethnicity of the child or the prospective adoptive parents.
  55-11        (b)  This section does not apply to a person, entity, tribe,
  55-12  organization, or child custody proceeding subject to the Indian
  55-13  Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.).  In
  55-14  this subsection "child custody proceeding" has the meaning provided
  55-15  by 25 U.S.C. Section 1903.
  55-16        SECTION 66.  Section 162.021(b), Family Code, as added by
  55-17  House Bill 655, Acts of the 74th Legislature, Regular Session,
  55-18  1995, is amended to read as follows:
  55-19        (b)  Rendition of the order does not relieve the clerk from
  55-20  the duty to send the files or petitions and decrees of adoption to
  55-21  the bureau of vital statistics <department> as required by this
  55-22  subchapter.
  55-23        SECTION 67.  Sections 162.405(b)-(g), Family Code, as added
  55-24  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  55-25  1995, are amended to read as follows:
  55-26        (b)  <The clerk of the court in which an adoption is granted
  55-27  shall, on or before the 10th day of the first month after the month
   56-1  in which the adoption is granted, transmit to the administrator of
   56-2  the central registry a report of adoption with respect to each
   56-3  adoption granted.  The report must include the following
   56-4  information:>
   56-5              <(1)  the name of the adopted child after adoption as
   56-6  shown in the final adoption decree;>
   56-7              <(2)  the birth date of the adopted child;>
   56-8              <(3)  the docket number of the adoption suit;>
   56-9              <(4)  the identity of the court granting the adoption;>
  56-10              <(5)  the date of the final adoption decree;>
  56-11              <(6)  the name and address of each parent, guardian,
  56-12  managing conservator, or other person whose consent to adoption was
  56-13  required or waived under Section 162.010 or whose parental rights
  56-14  were terminated in the adoption suit;>
  56-15              <(7)  the identity of the authorized agency, if any,
  56-16  through which the adopted child was placed for adoption; and>
  56-17              <(8)  the identity, address, and telephone number of
  56-18  the registry through which the adopted child may register as an
  56-19  adoptee.>
  56-20        <(c)>  An authorized agency may file with the administrator
  56-21  of the central registry a report of adoption with respect to any
  56-22  person adopted during the person's minority before January 1, 1984.
  56-23  The report may include:
  56-24              (1)  the name of the adopted child after adoption as
  56-25  shown in the final adoption decree;
  56-26              (2)  the birth date of the adopted child;
  56-27              (3)  the docket number of the adoption suit;
   57-1              (4)  the identity of the court granting the adoption;
   57-2              (5)  the date of the final adoption decree;
   57-3              (6)  the identity of the agency, if any, through which
   57-4  the adopted child was placed; and
   57-5              (7)  the identity, address, and telephone number of the
   57-6  registry through which the adopted child may register as an
   57-7  adoptee.
   57-8        (c) <(d)>  On receiving an inquiry by an adoptee who has
   57-9  provided satisfactory proof of age and identity and paid all
  57-10  required inquiry fees, the administrator of the central registry
  57-11  shall review the information on file in the central index.  If the
  57-12  index reveals that the adoptee was not placed for adoption through
  57-13  an authorized agency, the administrator of the central registry
  57-14  shall issue the adoptee an official certificate stating that the
  57-15  adoptee is entitled to apply for registration through the central
  57-16  registry.  If the index identifies an authorized agency through
  57-17  which the adoptee was placed for adoption, the administrator of the
  57-18  central registry shall determine the identity of the registry
  57-19  through which the adoptee may register.  If the administrator of
  57-20  the central registry cannot determine from the index whether the
  57-21  adoptee was placed for adoption through an authorized agency, the
  57-22  administrator of the central registry shall determine the identity
  57-23  of the registry with which the adoptee may register.
  57-24        (d) <(e)>  Each administrator shall, not later than the 30th
  57-25  day after the date of receiving an inquiry from the administrator
  57-26  of the central registry, respond in writing to the inquiry that the
  57-27  registrant was not placed for adoption by an agency served by that
   58-1  registry or that the registrant was placed for adoption by an
   58-2  agency served by that registry.  If the registrant was placed for
   58-3  adoption by an agency served by the registry, the administrator
   58-4  shall file a report with the administrator of the central registry
   58-5  including the information described by Subsections (b) <(c)>
   58-6  (1)-(6).
   58-7        (e) <(f)>  After completing the investigation, the
   58-8  administrator of the central registry shall issue an official
   58-9  certificate stating:
  58-10              (1)  the identity of the registry through which the
  58-11  adoptee may apply for registration, if known; or
  58-12              (2)  if the administrator cannot make a conclusive
  58-13  determination, that the adoptee is entitled to apply for
  58-14  registration through the central registry and is entitled to apply
  58-15  for registration through other registries created under this
  58-16  subchapter.
  58-17        (f) <(g)>  On receiving an inquiry by a birth parent who has
  58-18  provided satisfactory proof of identity and age and paid all
  58-19  required inquiry fees, the administrator of the central registry
  58-20  shall review the information on file in the central index and
  58-21  consult with the administrators of other registries in the state in
  58-22  order to determine the identity of the appropriate registry or
  58-23  registries through which the birth parent may register.  Each
  58-24  administrator shall, not later than the 30th day after the date of
  58-25  receiving an inquiry from the administrator of the central
  58-26  registry, respond in writing to the inquiry.  After completing the
  58-27  investigation, the administrator of the central registry shall
   59-1  provide the birth parent with a written statement either
   59-2  identifying the name, address, and telephone number of each
   59-3  registry through which registration would be appropriate or stating
   59-4  that after diligent inquiry the administrator cannot determine the
   59-5  specific registry or registries through which registration would be
   59-6  appropriate.
   59-7        SECTION 68.  Subchapter B, Chapter 201, Family Code, as added
   59-8  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   59-9  1995, is amended by adding Section 201.111 to read as follows:
  59-10        Sec. 201.111.  TIME TO ACT ON MASTER'S REPORT.  (a)  Except
  59-11  as provided by Subsection (b), not later than the 30th day after
  59-12  the date a master's report is filed, the referring court shall:
  59-13              (1)  adopt, approve, or reject the master's report;
  59-14              (2)  hear further evidence; or
  59-15              (3)  recommit the matter for further proceedings.
  59-16        (b)  The time limit in Subsection (a) does not apply if a
  59-17  party has filed a written notice of appeal to the referring court.
  59-18        SECTION 69.  Section 202.002(c), Family Code, as added by
  59-19  House Bill 655, Acts of the 74th Legislature, Regular Session,
  59-20  1995, is amended to read as follows:
  59-21        (c)  A friend of the court may file a notice of delinquency
  59-22  and a request for a writ of income withholding under Chapter 158
  59-23  <19> in order to enforce a child support order.
  59-24        SECTION 70.  Section 231.006, Family Code, as added by House
  59-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  59-26  amended to read as follows:
  59-27        Sec. 231.006.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
   60-1  OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS.  (a)  A child support
   60-2  obligor who is more than 30 days delinquent in paying child support
   60-3  and a business entity in which the obligor is a sole proprietor,
   60-4  partner, shareholder, or owner with an ownership interest of at
   60-5  least 25 percent is not eligible to:
   60-6              (1)  receive payments from state funds under <submit a
   60-7  bid or enter into> a contract to provide property, materials, or
   60-8  services <under a contract with the state>; or
   60-9              (2)  receive a state-funded grant or loan.
  60-10        (b)  <A sole proprietorship, partnership, corporation, or
  60-11  other entity in which a sole proprietor, partner, majority
  60-12  shareholder, or substantial owner is a delinquent obligor who is
  60-13  ineligible to bid on a state contract as provided by this section
  60-14  may not bid on a state contract.>
  60-15        <(c)>  A child support obligor or business entity ineligible
  60-16  to receive payments under Subsection (a) remains ineligible <to
  60-17  submit a bid on or enter into a state contract or apply for a
  60-18  state-funded grant or loan as provided by this section> until:
  60-19              (1)  all arrearages have been paid; or
  60-20              (2)  the obligor is in compliance with a written
  60-21  repayment agreement or court order as to any existing delinquency.
  60-22        (c)  A bid or an application for a contract, grant, or loan
  60-23  paid from state funds must include the name and social security
  60-24  number of the individual or sole proprietor and each partner,
  60-25  shareholder, or owner with an ownership interest of at least 25
  60-26  percent of the business entity submitting the bid or application.
  60-27        (d)  A contract, bid, or application subject to the
   61-1  requirements of this section must include the following statement:
   61-2        "Under Section 231.006, Family Code, the vendor or applicant
   61-3  certifies that the individual or business entity named in this
   61-4  contract, bid, or application is not ineligible to receive the
   61-5  specified grant, loan, or payment and acknowledges that this
   61-6  contract may be terminated and payment may be withheld if this
   61-7  certification is inaccurate."
   61-8        (e)  If a state agency determines that an individual or
   61-9  business entity holding a state contract is ineligible to receive
  61-10  payment under Subsection (a), the contract may be terminated.
  61-11        (f)  If the certificate required under Subsection (d) is
  61-12  shown to be false, the vendor is liable to the state for attorney's
  61-13  fees, the costs necessary to complete the contract, including the
  61-14  cost of advertising and awarding a second contract, and any other
  61-15  damages provided by law or contract.
  61-16        (g)  This section does not create a cause of action to
  61-17  contest a bid or award of a state grant, loan, or contract.  This
  61-18  section does not impose a duty on the Title IV-D agency to collect
  61-19  information to send to the comptroller to withhold a payment to a
  61-20  business entity.  The Title IV-D agency and other affected agencies
  61-21  are encouraged to develop a system by which the Title IV-D agency
  61-22  may identify a business entity that is ineligible to receive a
  61-23  state payment under Subsection (a) and to ensure that a state
  61-24  payment to the entity is not made.  This system should be
  61-25  implemented using existing funds and only if the Title IV-D agency,
  61-26  comptroller, and other affected agencies determine that it will be
  61-27  cost-effective.
   62-1        (h)  This section does not apply to a contract between
   62-2  governmental entities.
   62-3        (i) <(d)  Each bidder for a state contract or applicant for a
   62-4  state-funded loan or grant as provided by this section shall submit
   62-5  a signed, sworn statement accompanying any bid or application for a
   62-6  grant or loan affirming that the bidder or applicant is not more
   62-7  than 30 days delinquent in providing child support under a court
   62-8  order or a written repayment agreement.>
   62-9        <(e)>  The Title IV-D agency <and the General Services
  62-10  Commission> may adopt rules or prescribe forms to implement any
  62-11  provision of this section.
  62-12        SECTION 71.  Section 231.007(g), Family Code, as added by
  62-13  House Bill 655, Acts of the 74th Legislature, Regular Session,
  62-14  1995, is amended to read as follows:
  62-15        (g)  The amount of weekly workers' compensation benefits that
  62-16  may be withheld or assigned under this section may not exceed the
  62-17  percentage of the person's benefits that would apply if the
  62-18  benefits equalled the person's monthly net resources as provided by
  62-19  Chapter 154 <15>, except that in no event may more than 50 percent
  62-20  of the person's weekly compensation benefits be withheld or
  62-21  assigned.
  62-22        SECTION 72.  Section 231.302, Family Code, as added by House
  62-23  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  62-24  amended by adding Subsections (c), (d), (e), and (f) to read as
  62-25  follows:
  62-26        (c)  To assist in the administration of laws relating to
  62-27  child support enforcement under Parts A and D of Title IV of the
   63-1  federal Social Security Act (42 U.S.C. Sections 601-617 and
   63-2  651-669):
   63-3              (1)  each licensing authority shall request and each
   63-4  applicant for a license shall provide the applicant's social
   63-5  security number;
   63-6              (2)  each agency administering a contract that provides
   63-7  for a payment of state funds shall request and each individual or
   63-8  entity bidding on a state contract shall provide the individual's
   63-9  or entity's social security number as required by Section 231.006,
  63-10  Family Code; and
  63-11              (3)  each agency administering a state-funded grant or
  63-12  loan program shall request and each applicant for a grant or loan
  63-13  shall provide the applicant's social security number as required by
  63-14  Section 231.006, Family Code.
  63-15        (d)  This section does not limit the right of an agency or
  63-16  licensing authority to collect and use a social security number
  63-17  under another provision of law.
  63-18        (e)  Except as provided by Subsection (d), a social security
  63-19  number provided under this section is confidential and may be
  63-20  disclosed only for the purposes of responding to a request for
  63-21  information from an agency operating under the provisions of Parts
  63-22  A and D of Title IV of the federal Social Security Act (42 U.S.C.
  63-23  Sections 601-617 and 651-669).
  63-24        (f)  Information collected by the Title IV-D agency under
  63-25  this section may be used only for child support purposes.
  63-26        SECTION 73.  Subtitle D, Title 5, Family Code, as added by
  63-27  House Bill 655, Acts of the 74th Legislature, Regular Session,
   64-1  1995, is amended by adding Chapter 232 to read as follows:
   64-2            CHAPTER 232.  SUSPENSION OF LICENSE FOR FAILURE
   64-3                         TO PAY CHILD SUPPORT
   64-4        Sec. 232.001.  DEFINITIONS.  In this chapter:
   64-5              (1)  "License" means a license, certificate,
   64-6  registration, permit, or other authorization that:
   64-7                    (A)  is issued by a licensing authority;
   64-8                    (B)  is subject before expiration to suspension,
   64-9  revocation, forfeiture, or termination by the issuing licensing
  64-10  authority; and
  64-11                    (C)  a person must obtain to:
  64-12                          (i)  practice or engage in a particular
  64-13  business, occupation, or profession;
  64-14                          (ii)  operate a motor vehicle; or
  64-15                          (iii)  engage in any other regulated
  64-16  activity, including hunting, fishing, or other recreational
  64-17  activity for which a license or permit is required.
  64-18              (2)  "Licensing authority" means a department,
  64-19  commission, board, office, or other agency of the state or a
  64-20  political subdivision of the state that issues a license.
  64-21              (3)  "Order suspending license" means an order issued
  64-22  by the Title IV-D agency or a court directing a licensing authority
  64-23  to suspend a license.
  64-24        Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
  64-25  following state agencies are licensing authorities subject to this
  64-26  chapter:
  64-27              (1)  Department of Agriculture;
   65-1              (2)  Texas Commission on Alcohol and Drug Abuse;
   65-2              (3)  Texas Alcoholic Beverage Commission;
   65-3              (4)  Texas Appraiser Licensing and Certification Board;
   65-4              (5)  Texas Board of Architectural Examiners;
   65-5              (6)  State Board of Barber Examiners;
   65-6              (7)  Texas Board of Chiropractic Examiners;
   65-7              (8)  Comptroller of Public Accounts;
   65-8              (9)  Texas Cosmetology Commission;
   65-9              (10)  Court Reporters Certification Board;
  65-10              (11)  State Board of Dental Examiners, if the 74th
  65-11  Legislature, at its regular session, enacts legislation that
  65-12  becomes law authorizing a state agency to regulate the practice of
  65-13  dentistry;
  65-14              (12)  Texas State Board of Examiners of Dietitians;
  65-15              (13)  Texas Funeral Service Commission;
  65-16              (14)  Texas Department of Health;
  65-17              (15)  Texas Board of Professional Land Surveying;
  65-18              (16)  Texas Department of Licensing and Regulation;
  65-19              (17)  Texas State Board of Examiners of Marriage and
  65-20  Family Therapists;
  65-21              (18)  Texas State Board of Medical Examiners;
  65-22              (19)  Midwifery Board;
  65-23              (20)  Texas Natural Resource Conservation Commission;
  65-24              (21)  Board of Nurse Examiners;
  65-25              (22)  Texas Board of Nursing Facility Administrators;
  65-26              (23)  Texas Board of Occupational Therapy Examiners;
  65-27              (24)  Texas Optometry Board;
   66-1              (25)  Parks and Wildlife Department;
   66-2              (26)  Texas State Board of Examiners of Perfusionists;
   66-3              (27)  Texas State Board of Pharmacy;
   66-4              (28)  Texas Board of Physical Therapy Examiners;
   66-5              (29)  Texas State Board of Plumbing Examiners;
   66-6              (30)  Texas State Board of Podiatry Examiners;
   66-7              (31)  Polygraph Examiners Board;
   66-8              (32)  Texas Board of Private Investigators and Private
   66-9  Security Agencies;
  66-10              (33)  Texas State Board of Examiners of Professional
  66-11  Counselors;
  66-12              (34)  State Board of Registration for Professional
  66-13  Engineers;
  66-14              (35)  Department of Protective and Regulatory Services;
  66-15              (36)  Texas State Board of Examiners of Psychologists;
  66-16              (37)  Texas State Board of Public Accountancy;
  66-17              (38)  Department of Public Safety of the State of
  66-18  Texas;
  66-19              (39)  Public Utility Commission of Texas;
  66-20              (40)  Railroad Commission of Texas;
  66-21              (41)  Texas Real Estate Commission;
  66-22              (42)  State Bar of Texas;
  66-23              (43)  Texas State Board of Social Worker Examiners;
  66-24              (44)  State Board of Examiners for Speech-Language
  66-25  Pathology and Audiology;
  66-26              (45)  Texas Structural Pest Control Board;
  66-27              (46)  Board of Tax Professional Examiners;
   67-1              (47)  Secretary of State;
   67-2              (48)  Supreme Court of Texas;
   67-3              (49)  Texas Transportation Commission;
   67-4              (50)  State Board of Veterinary Medical Examiners;
   67-5              (51)  Board of Vocational Nurse Examiners;
   67-6              (52)  Texas Ethics Commission;
   67-7              (53)  Advisory Board of Athletic Trainers;
   67-8              (54)  State Committee of Examiners in the Fitting and
   67-9  Dispensing of Hearing Instruments;
  67-10              (55)  Texas Board of Licensure for Professional Medical
  67-11  Physicists; and
  67-12              (56)  Texas Department of Insurance.
  67-13        Sec. 232.003.  SUSPENSION OF LICENSE.  A court or the Title
  67-14  IV-D agency may issue an order suspending a license as provided by
  67-15  this chapter if an obligor:
  67-16              (1)  has an arrearage equal to or greater than the
  67-17  total support due for 90 days under a support order;
  67-18              (2)  has been provided an opportunity to make payments
  67-19  toward the child support arrearage under an agreed or court-ordered
  67-20  repayment schedule; and
  67-21              (3)  has failed to comply with the repayment schedule.
  67-22        Sec. 232.004.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
  67-23  child support agency or obligee may file a petition to suspend a
  67-24  license.
  67-25        (b)  In a Title IV-D case, the petition shall be filed with
  67-26  the Title IV-D agency.
  67-27        (c)  In a case other than a Title IV-D case, the petition
   68-1  shall be filed in the court of continuing jurisdiction or the court
   68-2  in which a child support order has been registered under Chapter
   68-3  159.
   68-4        (d)  A proceeding in a case filed with the Title IV-D agency
   68-5  under this chapter is governed by the contested case provisions of
   68-6  Chapter 2001, Government Code, except that Section 2001.054 does
   68-7  not apply to the proceeding.  The director of the Title IV-D agency
   68-8  is responsible for rendering a final decision in the contested case
   68-9  proceeding.
  68-10        Sec. 232.005.  CONTENTS OF PETITION.  (a)  A petition under
  68-11  this chapter must state that license suspension is required under
  68-12  Section 232.003 and allege:
  68-13              (1)  the name and, if known, social security number of
  68-14  the obligor;
  68-15              (2)  the type of license the obligor is believed to
  68-16  hold and the name of the licensing authority; and
  68-17              (3)  the amount owed under the child support order, the
  68-18  amount of support paid, and the amount of arrearages.
  68-19        (b)  A petition under this chapter may include as an
  68-20  attachment a copy of the record of child support payments
  68-21  maintained by the Title IV-D registry or local registry.
  68-22        Sec. 232.006.  NOTICE.  (a)  On the filing of a petition
  68-23  under Section 232.004, the court or Title IV-D agency shall issue
  68-24  to the obligor:
  68-25              (1)  notice of the obligor's right to a hearing before
  68-26  the court or agency;
  68-27              (2)  notice of the deadline for requesting a hearing;
   69-1  and
   69-2              (3)  a hearing request form if the proceeding is in a
   69-3  Title IV-D case.
   69-4        (b)  Notice under this section may be served as in civil
   69-5  cases generally.
   69-6        (c)  The notice must state that an order suspending license
   69-7  shall be rendered on the 60th day after the date of service of the
   69-8  notice unless by that date:
   69-9              (1)  the court or Title IV-D agency receives proof that
  69-10  all arrearages and the current month's child support obligation
  69-11  have been paid;
  69-12              (2)  the child support agency or obligee files a
  69-13  certification that the obligor is in compliance with a reasonable
  69-14  repayment schedule; or
  69-15              (3)  the obligor appears at a hearing before the court
  69-16  or Title IV-D agency and shows that the request for suspension
  69-17  should be denied or stayed.
  69-18        Sec. 232.007.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)
  69-19  A request for a hearing and motion to stay suspension must be filed
  69-20  with the court or Title IV-D agency by the obligor not later than
  69-21  the 20th day after the date of service of the notice under Section
  69-22  232.006.
  69-23        (b)  If a request for a hearing is filed, the court or Title
  69-24  IV-D agency shall:
  69-25              (1)  promptly schedule a hearing;
  69-26              (2)  notify each party of the date, time, and location
  69-27  of the hearing; and
   70-1              (3)  stay suspension pending the hearing.
   70-2        (c)  A record of child support payments made by the Title
   70-3  IV-D agency or a local registry is evidence of whether the payments
   70-4  were made.  A copy of the record appearing regular on its face
   70-5  shall be admitted as evidence at a hearing under this chapter,
   70-6  including a hearing on a motion to revoke a stay.  Either party may
   70-7  offer controverting evidence.
   70-8        Sec. 232.008.  ORDER SUSPENDING LICENSE.  (a)  On making the
   70-9  findings required by Section 232.003, the court or Title IV-D
  70-10  agency shall render an order suspending the license unless the
  70-11  obligor proves that all arrearages and the current month's support
  70-12  have been paid.
  70-13        (b)  The court or Title IV-D agency may stay an order
  70-14  suspending a license conditioned on the obligor's compliance with a
  70-15  reasonable repayment schedule that is incorporated in the order.
  70-16  An order suspending a license with a stay of the suspension may not
  70-17  be served on the licensing authority unless the stay is revoked as
  70-18  provided by this chapter.
  70-19        (c)  A final order suspending license rendered by a court or
  70-20  the Title IV-D agency shall be forwarded to the appropriate
  70-21  licensing authority.
  70-22        (d)  If the court or Title IV-D agency renders an order
  70-23  suspending license, the obligor may also be ordered not to engage
  70-24  in the licensed activity.
  70-25        (e)  If the court or Title IV-D agency finds that the
  70-26  petition for suspension should be denied, the petition shall be
  70-27  dismissed without prejudice, and an order suspending license may
   71-1  not be rendered.
   71-2        Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency
   71-3  shall consider the allegations of the petition for suspension to be
   71-4  admitted and shall render an order suspending license if the
   71-5  obligor fails to:
   71-6              (1)  respond to a notice issued under Section 232.006;
   71-7              (2)  request a hearing; or
   71-8              (3)  appear at a hearing.
   71-9        Sec. 232.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An
  71-10  order issued by a Title IV-D agency under this chapter is a final
  71-11  agency decision and is subject to review under the substantial
  71-12  evidence rule as provided by Chapter 2001, Government Code.
  71-13        Sec. 232.011.  ACTION BY LICENSING AUTHORITY.  (a)  On
  71-14  receipt of a final order suspending license, the licensing
  71-15  authority shall immediately determine if the authority has issued a
  71-16  license to the obligor named on the order and, if a license has
  71-17  been issued:
  71-18              (1)  record the suspension of the license in the
  71-19  licensing authority's records;
  71-20              (2)  report the suspension as appropriate; and
  71-21              (3)  demand surrender of the suspended license if
  71-22  required by law for other cases in which a license is suspended.
  71-23        (b)  A licensing authority shall implement the terms of a
  71-24  final order suspending license without additional review or
  71-25  hearing.  The authority may provide notice as appropriate to the
  71-26  license holder or to others concerned with the license.
  71-27        (c)  A licensing authority may not modify, remand, reverse,
   72-1  vacate, or stay an order suspending license issued under this
   72-2  chapter and may not review, vacate, or reconsider the terms of a
   72-3  final order suspending license.
   72-4        (d)  An obligor who is the subject of a final order
   72-5  suspending license is not entitled to a refund for any fee or
   72-6  deposit paid to the licensing authority.
   72-7        (e)  An obligor who continues to engage in the business,
   72-8  occupation, profession, or other licensed activity after the
   72-9  implementation of the order suspending license by the licensing
  72-10  authority is liable for the same civil and criminal penalties
  72-11  provided for engaging in the licensed activity without a license or
  72-12  while a license is suspended that apply to any other license holder
  72-13  of that licensing authority.
  72-14        (f)  A licensing authority is exempt from liability to a
  72-15  license holder for any act authorized under this chapter performed
  72-16  by the authority.
  72-17        (g)  Except as provided by this chapter, an order suspending
  72-18  license or dismissing a petition for the suspension of a license
  72-19  does not affect the power of a licensing authority to grant, deny,
  72-20  suspend, revoke, terminate, or renew a license.
  72-21        (h)  The denial or suspension of a driver's license under
  72-22  this chapter is governed by this chapter and not by the general
  72-23  licensing provisions of Chapter 173, Acts of the 47th Legislature,
  72-24  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
  72-25  Statutes).
  72-26        Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee,
  72-27  support enforcement agency, court, or Title IV-D agency may file a
   73-1  motion to revoke the stay of an order suspending license if the
   73-2  obligor does not comply with the terms of a reasonable repayment
   73-3  plan entered into by the obligor.
   73-4        (b)  Notice to the obligor of a motion to revoke stay under
   73-5  this section may be given by personal service or by mail to the
   73-6  address provided by the obligor, if any, in the order suspending
   73-7  license.  The notice must include a notice of hearing.  The notice
   73-8  must be provided to the obligor not less than 10 days before the
   73-9  date of the hearing.
  73-10        (c)  A motion to revoke stay must allege the manner in which
  73-11  the obligor failed to comply with the repayment plan.
  73-12        (d)  If the court or Title IV-D agency finds that the obligor
  73-13  is not in compliance with the terms of the repayment plan, the
  73-14  court or agency shall revoke the stay of the order suspending
  73-15  license and render a final order suspending license.
  73-16        Sec. 232.013.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
  73-17  (a)  The court or Title IV-D agency may render an order vacating or
  73-18  staying an order suspending license if the obligor has paid all
  73-19  delinquent child support or has established a satisfactory payment
  73-20  record.
  73-21        (b)  The court or Title IV-D agency shall promptly deliver an
  73-22  order vacating or staying an order suspending license to the
  73-23  appropriate licensing authority.
  73-24        (c)  On receipt of an order vacating or staying an order
  73-25  suspending license, the licensing authority shall promptly issue
  73-26  the affected license to the obligor if the obligor is otherwise
  73-27  qualified for the license.
   74-1        (d)  An order rendered under this section does not affect the
   74-2  right of the child support agency or obligee to any other remedy
   74-3  provided by law, including the right to seek relief under this
   74-4  chapter.  An order rendered under this section does not affect the
   74-5  power of a licensing authority to grant, deny, suspend, revoke,
   74-6  terminate, or renew a license as otherwise provided by law.
   74-7        Sec. 232.014.  FEE BY LICENSING AUTHORITY.  A licensing
   74-8  authority may charge a fee to an obligor who is the subject of an
   74-9  order suspending license in an amount sufficient to recover the
  74-10  administrative costs incurred by the authority under this chapter.
  74-11        Sec. 232.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
  74-12  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
  74-13  each licensing authority the name, address, social security number,
  74-14  license renewal date, and other identifying information for each
  74-15  individual who holds, applies for, or renews a license issued by
  74-16  the authority.
  74-17        (b)  A licensing authority shall provide the requested
  74-18  information in the manner agreed to by the Title IV-D agency and
  74-19  the licensing authority.
  74-20        (c)  The Title IV-D agency may enter into a cooperative
  74-21  agreement with a licensing authority to administer this chapter in
  74-22  a cost-effective manner.
  74-23        (d)  The Title IV-D agency may adopt a reasonable
  74-24  implementation schedule for the requirements of this section.
  74-25        (e)  The Title IV-D agency, the comptroller, and the Texas
  74-26  Alcoholic Beverage Commission shall by rule specify additional
  74-27  prerequisites for the suspension of licenses relating to state
   75-1  taxes collected under Title 2, Tax Code.  The joint rules must be
   75-2  adopted not later than March 1, 1996.
   75-3        Sec. 232.016.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
   75-4  agency by rule shall prescribe forms and procedures for the
   75-5  implementation of this chapter.
   75-6        SECTION 74.  Sections 261.001(1), (4), and (6), Family Code,
   75-7  as added by House Bill 655, Acts of the 74th Legislature, Regular
   75-8  Session, 1995, are amended to read as follows:
   75-9              (1)  "Abuse" includes the following acts or omissions
  75-10  by a person:
  75-11                    (A)  mental or emotional injury to a child that
  75-12  results in an observable and material impairment in the child's
  75-13  growth, development, or psychological functioning;
  75-14                    (B)  causing or permitting the child to be in a
  75-15  situation in which the child sustains a mental or emotional injury
  75-16  that results in an observable and material impairment in the
  75-17  child's growth, development, or psychological functioning;
  75-18                    (C)  physical injury that results in substantial
  75-19  harm to the child, or the genuine threat of substantial harm from
  75-20  physical injury to the child, including an injury that is at
  75-21  variance with the history or explanation given and excluding an
  75-22  accident or reasonable discipline by a parent, guardian, or
  75-23  managing or possessory conservator that does not expose the child
  75-24  to a substantial risk of harm;
  75-25                    (D)  failure to make a reasonable effort to
  75-26  prevent an action by another person that results in physical injury
  75-27  that results in substantial harm to the child;
   76-1                    (E)  sexual conduct harmful to a child's mental,
   76-2  emotional, or physical welfare <offenses under the Penal Code
   76-3  inflicted on, shown to, or intentionally or recklessly practiced in
   76-4  the presence of a child, including:>
   76-5                          <(i)  sexual conduct as defined by Section
   76-6  43.01, Penal Code;>
   76-7                          <(ii)  sexual assault as provided by
   76-8  Section 22.011, Penal Code; or>
   76-9                          <(iii)  prohibited sexual conduct as
  76-10  provided by Section 25.02, Penal Code>;
  76-11                    (F)  failure to make a reasonable effort to
  76-12  prevent sexual conduct harmful to a child's mental, emotional, or
  76-13  physical welfare <or sexual assault as defined or provided by
  76-14  Sections 43.01 and 22.011, Penal Code, or prohibited sexual conduct
  76-15  as provided by Section 25.02, Penal Code, from being inflicted on
  76-16  or shown to a child by another person or being intentionally or
  76-17  recklessly practiced in the presence of a child by another person>;
  76-18                    (G)  compelling or encouraging the child to
  76-19  engage in sexual conduct as defined by Section 43.01, Penal Code;
  76-20  or
  76-21                    (H)  causing, permitting, encouraging, engaging
  76-22  in, or allowing the photographing, filming, or depicting of the
  76-23  child if the person knew or should have known that the resulting
  76-24  photograph, film, or depiction of the child is obscene as defined
  76-25  by Section 43.21, Penal Code, or pornographic.
  76-26              (4)  "Neglect" includes:
  76-27                    (A)  the leaving of a child in a situation where
   77-1  the child would be exposed to a substantial risk of physical,
   77-2  mental, or emotional harm, without arranging for necessary care for
   77-3  the child, and the demonstration of an intent not to return by a
   77-4  parent, guardian, or managing or possessory conservator of the
   77-5  child;
   77-6                    (B)  the following acts or omissions by a person:
   77-7                          (i)  placing a child in or failing to
   77-8  remove a child from a situation that a reasonable person would
   77-9  realize requires judgment or actions beyond the child's level of
  77-10  maturity, physical condition, or mental abilities and that results
  77-11  in bodily injury or a substantial risk of immediate harm to the
  77-12  child;
  77-13                          (ii)  failing to seek, obtain, or follow
  77-14  through with medical care for a child, with the failure resulting
  77-15  in or presenting a substantial risk of death, disfigurement, or
  77-16  bodily injury or with the failure resulting in an observable and
  77-17  material impairment to the growth, development, or functioning of
  77-18  the child; <or>
  77-19                          (iii)  the failure to provide a child with
  77-20  food, clothing, or shelter necessary to sustain the life or health
  77-21  of the child, excluding failure caused primarily by financial
  77-22  inability unless relief services had been offered and refused; or
  77-23                          (iv) placing a child in or failing to
  77-24  remove the child from a situation in which the child would be
  77-25  exposed to a substantial risk of sexual conduct harmful to the
  77-26  child's mental, emotional, or physical welfare; or
  77-27                    (C)  the failure by the person responsible for a
   78-1  child's care, custody, or welfare to permit the child to return to
   78-2  the child's home without arranging for the necessary care for the
   78-3  child after the child has been absent from the home for any reason,
   78-4  including having been in residential placement or having run away.
   78-5              (6)  "Report" means a report that <of> alleged or
   78-6  suspected abuse or neglect of a child has occurred or may occur.
   78-7        SECTION 75.  Section 261.101, Family Code, as added by House
   78-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   78-9  amended by amending Subsection (b) and adding Subsections (c) and
  78-10  (d) to read as follows:
  78-11        (b)  If a professional has cause to believe that a child has
  78-12  been or may be abused or neglected, the professional shall make a
  78-13  report not later than the 48th hour after the hour the professional
  78-14  first suspects that the child has been or may be abused or
  78-15  neglected.  A professional may not delegate to or rely on another
  78-16  person to make the report.  In this subsection, "professional"
  78-17  means an individual who is licensed or certified by the state or
  78-18  who is an employee of a facility licensed, certified, or operated
  78-19  by the state and who, in the normal course of official duties or
  78-20  duties for which a license or certification is required, has direct
  78-21  contact with children.  The term includes teachers, nurses,
  78-22  doctors, and day-care employees.
  78-23        (c)  The requirement to report under this section applies
  78-24  without exception to an individual whose personal communications
  78-25  may otherwise be privileged, including an attorney, a member of the
  78-26  clergy, a medical practitioner, a social worker, and a mental
  78-27  health professional.
   79-1        (d)  The identity of an individual making a report under this
   79-2  chapter is confidential and may be disclosed only on the order of a
   79-3  court or to a law enforcement officer for the purposes of
   79-4  conducting a criminal investigation of the report.
   79-5        SECTION 76.  Section 261.102, Family Code, as added by House
   79-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   79-7  amended to read as follows:
   79-8        Sec. 261.102.  MATTERS TO BE REPORTED.  A report should
   79-9  reflect the reporter's belief that a child<:>
  79-10              <(1)>  has been or may be abused or neglected or has
  79-11  died of abuse or neglect<;>
  79-12              <(2)  has violated the compulsory school attendance
  79-13  laws on three or more occasions; or>
  79-14              <(3)  has, on three or more occasions, been voluntarily
  79-15  absent from home without the consent of the child's parent or
  79-16  guardian for a substantial length of time or without the intent to
  79-17  return>.
  79-18        SECTION 77.  Section 261.103, Family Code, as added by House
  79-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  79-20  amended to read as follows:
  79-21        Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  A report
  79-22  shall be made to:
  79-23              (1)  any local or state law enforcement agency;
  79-24              (2)  the department if the alleged or suspected abuse
  79-25  involves a person responsible for the care, custody, or welfare of
  79-26  the child;
  79-27              (3)  the state agency that operates, licenses,
   80-1  certifies, or registers the facility in which the alleged abuse or
   80-2  neglect occurred; or
   80-3              (4)  the agency designated by the court to be
   80-4  responsible for the protection of children.
   80-5        SECTION 78.  Section 261.104, Family Code, as added by House
   80-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   80-7  amended to read as follows:
   80-8        Sec. 261.104.  CONTENTS OF REPORT.  The person making a
   80-9  report shall identify, if known:
  80-10              (1)  the name and address of the child;
  80-11              (2)  the name and address of the person responsible for
  80-12  the care, custody, or welfare of the child; and
  80-13              (3)  any other pertinent information concerning the
  80-14  alleged or suspected abuse or neglect.
  80-15        SECTION 79.  Section 261.106, Family Code, as added by House
  80-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  80-17  amended to read as follows:
  80-18        Sec. 261.106.  IMMUNITIES.  (a)  A <Except for a person who
  80-19  reports the person's own conduct or who acts in bad faith or with
  80-20  malicious purpose, a> person acting in good faith who reports
  80-21  <reporting> or assists <assisting> in the investigation of a report
  80-22  of alleged child abuse or neglect or who testifies or otherwise
  80-23  participates in a judicial proceeding arising from a report,
  80-24  petition, or investigation of alleged child abuse or neglect <under
  80-25  this chapter> is immune from civil or criminal liability that might
  80-26  otherwise be incurred or imposed.
  80-27        (b)  Immunity from civil and criminal liability extends to an
   81-1  authorized volunteer of the department or a law enforcement officer
   81-2  who participates at the request of the department in an
   81-3  investigation of alleged or suspected abuse or neglect or in an
   81-4  action arising from an investigation if the person was acting in
   81-5  good faith and in the scope of the person's responsibilities
   81-6  <participation in a judicial proceeding resulting from the report>.
   81-7        (c)  A person who reports the person's own abuse or neglect
   81-8  of a child or who acts in bad faith or with malicious purpose in
   81-9  reporting alleged child abuse or neglect is not immune from civil
  81-10  or criminal liability.
  81-11        SECTION 80.  Section 261.107, Family Code, as added by House
  81-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  81-13  amended to read as follows:
  81-14        Sec. 261.107.  FALSE REPORT; PENALTY.  <(a)>  A person
  81-15  commits an offense if the person knowingly or intentionally makes a
  81-16  report as provided in this chapter that the person knows is false
  81-17  or lacks factual foundation.  An offense under this subsection is a
  81-18  Class B misdemeanor.
  81-19        <(b)  If, in connection with a pending suit affecting the
  81-20  parent-child relationship, a parent of a child makes a report
  81-21  alleging child abuse by the other parent that the parent making the
  81-22  report knows is false or lacks factual foundation, evidence of the
  81-23  report is admissible in a suit between the parents involving terms
  81-24  of conservatorship.>
  81-25        SECTION 81.  Section 261.201, Family Code, as added by House
  81-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  81-27  amended to read as follows:
   82-1        Sec. 261.201.  CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
   82-2  (a)  The following information is confidential, is not subject to
   82-3  public release under Chapter 552, Government Code, and may be
   82-4  disclosed only for purposes consistent with this code and
   82-5  applicable federal or state law or under rules adopted by an
   82-6  investigating agency:
   82-7              (1)  a report of alleged or suspected abuse or neglect
   82-8  made under this chapter and the identity of the person making the
   82-9  report; and
  82-10              (2)  except <Except> as otherwise provided in this
  82-11  section, the files, <Subsections (b) and (c), the> reports,
  82-12  records, communications, and working papers used or developed in an
  82-13  investigation under this chapter or in providing services as a
  82-14  result of an investigation <are confidential and may be disclosed
  82-15  only for purposes consistent with the purposes of this code under
  82-16  rules adopted by the investigating agency>.
  82-17        (b)  A court may order the disclosure of information that is
  82-18  confidential under this section if:
  82-19              (1)  a motion has been filed with the court requesting
  82-20  the release of the information;
  82-21              (2)  a notice of hearing has been served on the
  82-22  investigating agency and all other interested parties; and
  82-23              (3)  after hearing and an in camera review of the
  82-24  requested information, the court determines that the disclosure of
  82-25  the requested information is:
  82-26                    (A)  essential to the administration of justice;
  82-27  and
   83-1                    (B)  not likely to endanger the life or safety
   83-2  of:
   83-3                          (i)  a child who is the subject of the
   83-4  report of alleged or suspected abuse or neglect;
   83-5                          (ii)  a person who makes a report of
   83-6  alleged or suspected abuse or neglect; or
   83-7                          (iii)  any other person who participates in
   83-8  an investigation of reported abuse or neglect.
   83-9        (c)  The adoptive parents of a child who was the subject of
  83-10  an investigation and an adult who was the subject of an
  83-11  investigation as a child are entitled to examine and make copies of
  83-12  any report, record, working paper, or other information in the
  83-13  possession, custody, or control of the state that pertains to the
  83-14  history of the child.  The department shall <may> edit the
  83-15  documents to protect the identity of the biological parents and any
  83-16  other person whose identity is confidential.
  83-17        (d) <(c)>  Before placing a child who was the subject of an
  83-18  investigation, the department shall notify the prospective adoptive
  83-19  parents of their right to examine any report, record, working
  83-20  paper, or other information in the possession, custody, or control
  83-21  of the state that pertains to the history of the child.
  83-22        (e) <(d)>  The department shall provide prospective adoptive
  83-23  parents an opportunity to examine information under this section as
  83-24  early as practicable before placing a child.
  83-25        (f)  Notwithstanding Subsection (b), the department, on
  83-26  request and subject to department rule, shall provide to the
  83-27  parent, managing conservator, or other legal representative of a
   84-1  child who is the subject of reported abuse or neglect information
   84-2  concerning the reported abuse or neglect that would otherwise be
   84-3  confidential under this section if the department has edited the
   84-4  information to protect the confidentiality of the identity of the
   84-5  person who made the report and any other person whose life or
   84-6  safety may be endangered by the disclosure.
   84-7        SECTION 82.  Section 261.301(a), Family Code, as added by
   84-8  House Bill 655, Acts of the 74th Legislature, Regular Session,
   84-9  1995, is amended to read as follows:
  84-10        (a)  The department or designated agency shall make a prompt
  84-11  and thorough investigation to substantiate the accuracy of a report
  84-12  of child abuse or neglect allegedly committed by a person
  84-13  responsible for a child's care, custody, or welfare.
  84-14        SECTION 83.  Section 261.302, Family Code, as added by House
  84-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  84-16  amended by adding Subsection (d) to read as follows:
  84-17        (d)  If, before an investigation is completed, the
  84-18  investigating agency believes that the immediate removal of a child
  84-19  from the child's home is necessary to protect the child from
  84-20  further abuse or neglect, the investigating agency shall file a
  84-21  petition or take other action under Chapter 262 to provide for the
  84-22  temporary care and protection of the child.
  84-23        SECTION 84.  Section 261.303, Family Code, as added by House
  84-24  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  84-25  amended to read as follows:
  84-26        Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER
  84-27  <TO ASSIST INVESTIGATION>.  (a)  A person may not interfere with an
   85-1  investigation of a report of child abuse or neglect conducted by
   85-2  the department or designated agency.
   85-3        (b)  If admission to the home, school, or any place where the
   85-4  child may be cannot be obtained, then for good cause shown the
   85-5  court having family law jurisdiction shall order the parent, the
   85-6  person responsible for the care of the children, or the person in
   85-7  charge of any place where the child may be to allow entrance for
   85-8  the interview, examination, and investigation.
   85-9        (c) <(b)>  If a parent or person responsible for the child's
  85-10  care does not consent to a medical, psychological, or psychiatric
  85-11  examination of the child that is requested by the department or
  85-12  designated agency, the court having family law jurisdiction shall,
  85-13  for good cause shown, order the examination to be made at the times
  85-14  and places designated by the court.
  85-15        SECTION 85.  Section 261.308, Family Code, as added by House
  85-16  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  85-17  amended by adding Subsection (c) to read as follows:
  85-18        (c)  On receipt of the report and recommendations, the court
  85-19  may direct the department or designated agency to file a petition
  85-20  requesting appropriate relief as provided in this title.
  85-21        SECTION 86.  Sections 261.401(b) and (c), Family Code, as
  85-22  added by House Bill 655, Acts of the 74th Legislature, Regular
  85-23  Session, 1995, are amended to read as follows:
  85-24        (b)  <A state agency shall notify the department of each
  85-25  report of abuse or neglect it receives under this subchapter
  85-26  relating to abuse or neglect in a facility operated by the agency
  85-27  according to rules adopted by the department.>
   86-1        <(c)>  A state agency shall adopt rules relating to the
   86-2  investigation and resolution of reports received as provided by
   86-3  <under> this subchapter.  The Health and Human Services Commission
   86-4  shall review and approve the rules to ensure that all agencies
   86-5  implement appropriate standards for the conduct of investigations
   86-6  and that uniformity exists among agencies in the investigation and
   86-7  resolution of reports.
   86-8        SECTION 87.  Sections 261.402(b), (c), and (e), Family Code,
   86-9  as added by House Bill 655, Acts of the 74th Legislature, Regular
  86-10  Session, 1995, are amended to read as follows:
  86-11        (b)  A state agency shall immediately notify the appropriate
  86-12  state or local law enforcement agency of any report the agency
  86-13  receives, other than a report from a law enforcement agency, that
  86-14  concerns the suspected abuse or neglect of a child or the death of
  86-15  a child from abuse or neglect.  <If the investigation relates to a
  86-16  report of abuse or neglect in a facility operated by a state
  86-17  agency, the agency responsible for the investigation shall submit a
  86-18  copy of the investigative report to the department.>
  86-19        <(c)>  If the state agency finds evidence indicating that a
  86-20  child may have <has> been <or may be> abused or neglected, the
  86-21  agency shall <submit a copy of the> report the evidence <of its
  86-22  investigation> to the appropriate law enforcement agency.
  86-23        (e)  A state agency <The department> shall compile, maintain,
  86-24  and make available statistics on the incidence of child abuse and
  86-25  neglect in a facility operated by the <a> state agency.
  86-26        SECTION 88.  Chapter 261, Family Code, as added by House Bill
  86-27  655, Acts of the 74th Legislature, Regular Session, 1995, is
   87-1  amended by adding Sections 261.404, 261.405, and 261.406 to read as
   87-2  follows:
   87-3        Sec. 261.404.  INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
   87-4  OF MENTAL HEALTH AND MENTAL RETARDATION.  The department shall
   87-5  investigate a report of abuse or neglect in a facility operated by,
   87-6  regulated by, or providing services under a contract with the Texas
   87-7  Department of Mental Health and Mental Retardation under rules
   87-8  developed jointly between the department and the Texas Department
   87-9  of Mental Health and Mental Retardation.
  87-10        Sec. 261.405.  INVESTIGATIONS IN COUNTY JUVENILE DETENTION
  87-11  FACILITIES.  A report of alleged abuse or neglect in a county
  87-12  juvenile detention facility shall be made to a local law
  87-13  enforcement agency for investigation.
  87-14        Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a) On receipt of
  87-15  a report of alleged or suspected abuse or neglect of a child in a
  87-16  public or private school under the jurisdiction of the Central
  87-17  Education Agency, the department shall perform an investigation as
  87-18  provided by this chapter.
  87-19        (b)  The department shall send a written report of the
  87-20  department's investigation to the Central Education Agency and the
  87-21  local school board or local governing body for appropriate action.
  87-22  The department shall provide a copy of the report and investigation
  87-23  findings to the parent, managing conservator, or legal guardian of
  87-24  a child who is the subject of the report.
  87-25        SECTION 89.  Section 262.004, Family Code, as added by House
  87-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  87-27  amended to read as follows:
   88-1        Sec. 262.004.  ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
   88-2  CHILD.  A <An authorized representative of the Department of
   88-3  Protective and Regulatory Services, a> law enforcement officer<,>
   88-4  or a juvenile probation officer may take possession of a child
   88-5  without a court order on the voluntary delivery of the child by the
   88-6  parent, managing conservator, possessory conservator, guardian,
   88-7  caretaker, or custodian who is presently entitled to possession of
   88-8  the child.
   88-9        SECTION 90.  Section 262.005, Family Code, as added by House
  88-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  88-11  amended to read as follows:
  88-12        Sec. 262.005.  FILING PETITION AFTER ACCEPTING VOLUNTARY
  88-13  DELIVERY OF POSSESSION OF CHILD.  When possession of the child has
  88-14  been acquired through voluntary delivery of the child to a law
  88-15  enforcement officer or juvenile probation officer <governmental
  88-16  entity>, the law enforcement officer or juvenile probation officer
  88-17  <entity> taking the child into possession shall cause a suit to be
  88-18  filed not later than the 60th day after the date the child is taken
  88-19  into possession.
  88-20        SECTION 91.  Section 262.101, Family Code, as added by House
  88-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  88-22  amended to read as follows:
  88-23        Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  88-24  CHILD.  A petition or affidavit filed by a governmental entity
  88-25  requesting permission to take possession of a child in an emergency
  88-26  shall be sworn to by a person with personal knowledge and shall
  88-27  state facts sufficient to satisfy a person of ordinary prudence and
   89-1  caution that:
   89-2              (1)  there is an immediate danger to the physical
   89-3  health or safety of the child or the child has been a victim of
   89-4  sexual abuse and that continuation in the home would be contrary to
   89-5  the child's welfare even if reasonable in-home services were
   89-6  provided; and
   89-7              (2)  there is no time, consistent with the physical
   89-8  health or safety of the child, for an adversary hearing or to make
   89-9  reasonable efforts to prevent or eliminate the need for the removal
  89-10  of the child.
  89-11        SECTION 92.  Section 262.102, Family Code, as added by House
  89-12  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  89-13  amended to read as follows:
  89-14        Sec. 262.102.  EMERGENCY ORDER AUTHORIZING POSSESSION OF
  89-15  CHILD.  (a)  Before a court may issue a temporary restraining order
  89-16  or attachment of a child in a suit requesting an emergency order
  89-17  brought by a governmental entity, the court must find <be satisfied
  89-18  from a sworn petition or affidavit> that:
  89-19              (1)  there is an immediate danger to the physical
  89-20  health or safety of the child or the child has been a victim of
  89-21  sexual abuse and that continuation in the home would be contrary to
  89-22  the child's welfare even if reasonable in-home services were
  89-23  provided; and
  89-24              (2)  there is no time, consistent with the physical
  89-25  health or safety of the child and the nature of the emergency, to
  89-26  hold <for> an adversary hearing or to make reasonable efforts to
  89-27  prevent or eliminate the need for removal of the child.
   90-1        (b)  In determining whether there is an immediate danger to
   90-2  the physical health or safety of a child, the court may consider
   90-3  whether the child's household includes a person who has <possession
   90-4  of the child has>:
   90-5              (1)  abused or neglected another child in a manner that
   90-6  caused serious injury to or the death of the other child; or
   90-7              (2)  sexually abused another child.
   90-8        SECTION 93.  Section 262.107, Family Code, as added by House
   90-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  90-10  amended to read as follows:
  90-11        Sec. 262.107.  STANDARD FOR DECISION AT INITIAL HEARING AFTER
  90-12  TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.  (a)
  90-13  The court shall order the return of the child at the initial
  90-14  hearing regarding a child taken in possession without a court order
  90-15  by a governmental entity unless the court is satisfied that:
  90-16              (1)  there is a continuing danger to the physical
  90-17  health or safety of the child if the child is returned to the
  90-18  parent, managing conservator, possessory conservator, guardian,
  90-19  caretaker, or custodian who is presently entitled to possession of
  90-20  the child<;> or
  90-21              <(2)>  the evidence shows that the child has been the
  90-22  victim of sexual abuse on one or more occasions and that there is a
  90-23  substantial risk <reasonable likelihood> that the child will be the
  90-24  victim of sexual abuse in the future; and
  90-25              (2)  the nature of the emergency and the continuing
  90-26  danger to the welfare of the child make efforts to allow the child
  90-27  to remain with or return to the person entitled to possession of
   91-1  the child impossible or unreasonable.
   91-2        (b)  In determining whether there is a continuing danger to
   91-3  the physical health or safety of a child, the court may consider
   91-4  whether the household to which <person to whom> the child would be
   91-5  returned includes a person who has:
   91-6              (1)  abused or neglected another child in a manner that
   91-7  caused serious injury to or the death of the other child; or
   91-8              (2)  sexually abused another child.
   91-9        SECTION 94.  Subchapter B, Chapter 262, Family Code, as added
  91-10  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  91-11  1995, is amended by adding Section 262.111 to read as follows:
  91-12        Sec. 262.111.  FINDING THAT CHILD CANNOT REMAIN IN OR BE
  91-13  RETURNED TO HOME.  In the absence of a specific finding to the
  91-14  contrary, the issuance of a temporary restraining order or
  91-15  attachment pending a full adversary hearing or the issuance of an
  91-16  order after a full adversary hearing constitutes a finding by the
  91-17  court that for the child to remain in the home is contrary to the
  91-18  child's welfare or safety and that the emergency made efforts to
  91-19  prevent or eliminate the need for the removal of the child
  91-20  impossible or unreasonable.
  91-21        SECTION 95.  Section 262.201, Family Code, as added by House
  91-22  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  91-23  amended to read as follows:
  91-24        Sec. 262.201.  FULL ADVERSARY HEARING;  FINDINGS OF THE
  91-25  COURT.  (a)  Unless the child has already been returned to the
  91-26  parent, managing conservator, possessory conservator, guardian,
  91-27  caretaker, or custodian entitled to possession and the temporary
   92-1  order, if any, has been dissolved, a full adversary hearing shall
   92-2  be held not later than the 14th day after the date the child was
   92-3  taken into possession by the governmental entity.
   92-4        (b)  At the conclusion of the full adversary hearing, the
   92-5  court shall order the return of the child to the parent, managing
   92-6  conservator, possessory conservator, guardian, caretaker, or
   92-7  custodian entitled to possession unless the court finds sufficient
   92-8  evidence to satisfy a person of ordinary prudence and caution that:
   92-9              (1)  there was a danger to the physical health or
  92-10  safety of the child which was caused by an act or failure to act of
  92-11  the person entitled to possession and for the child to remain in
  92-12  the home is contrary to the welfare of the child; <and>
  92-13              (2)  the urgent need for protection required the
  92-14  immediate removal of the child and makes efforts to eliminate or
  92-15  prevent the child's removal impossible or unreasonable; and
  92-16              (3)  notwithstanding reasonable efforts to eliminate
  92-17  the need for the child's removal and enable the child to return
  92-18  home, there is a substantial risk <reasonable probability> of a
  92-19  continuing danger if the child is returned home.
  92-20        (c)  If the court finds sufficient evidence to satisfy a
  92-21  person of ordinary prudence and caution that there is a continuing
  92-22  danger to the physical health or safety of the child and for the
  92-23  child to remain in the home is contrary to the welfare of the
  92-24  child, the court shall issue an appropriate temporary order under
  92-25  Chapter 105.
  92-26        (d)  In determining whether there is a continuing danger to
  92-27  the physical health or safety of the child, the court may consider
   93-1  whether the household <person> to which <whom> the child would be
   93-2  returned includes a person who:
   93-3              (1)  has abused or neglected another child in a manner
   93-4  that caused serious injury to or the death of the other child; or
   93-5              (2)  has sexually abused another child.
   93-6        SECTION 96.  Section 263.001(a), Family Code, as added by
   93-7  House Bill 655, Acts of the 74th Legislature, Regular Session,
   93-8  1995, is amended by amending Subdivision (2) and adding
   93-9  Subdivisions (3) and (4) to read as follows:
  93-10              (2)  "Child's home" means the place of residence of at
  93-11  least one of the child's parents.
  93-12              (3)  "Household" means a unit composed of persons
  93-13  living together in the same dwelling, without regard to whether
  93-14  they are related to each other.
  93-15              (4)  "Substitute care" means the placement of a child
  93-16  who is in the conservatorship of the department or an authorized
  93-17  agency in care outside the child's home. The term includes foster
  93-18  care, institutional care, adoption, or placement with a relative of
  93-19  the child.
  93-20        SECTION 97.  Section 263.002, Family Code, as added by House
  93-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  93-22  amended to read as follows:
  93-23        Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT.  In a suit
  93-24  affecting the parent-child relationship in which the department or
  93-25  an authorized agency has been appointed by the court or designated
  93-26  in an affidavit of relinquishment of parental rights as the
  93-27  temporary or permanent managing conservator of a child, the court
   94-1  shall hold a hearing to review the conservatorship appointment and
   94-2  substitute <the department's or authorized agency's placement of
   94-3  the child in foster home care, group home care, or institutional>
   94-4  care.
   94-5        SECTION 98.  Section 263.003(c), Family Code, as added by
   94-6  House Bill 655, Acts of the 74th Legislature, Regular Session,
   94-7  1995, is amended to read as follows:
   94-8        (c)  The department shall request a review of substitute <the
   94-9  placement of the child in foster home care, group home care, or
  94-10  institutional> care, and its petition shall state that the purpose
  94-11  of the suit is to initiate periodic review of the necessity and
  94-12  propriety of the child's placement under this chapter.
  94-13        SECTION 99.  Section 263.202(b), Family Code, as added by
  94-14  House Bill 655, Acts of the 74th Legislature, Regular Session,
  94-15  1995, is amended to read as follows:
  94-16        (b)  A status hearing shall be limited to matters related to
  94-17  the contents and execution of the service plan filed with the
  94-18  court.  The court shall review the service plan that the department
  94-19  or other agency filed under this chapter for reasonableness,
  94-20  accuracy, and compliance with requirements of court orders and make
  94-21  findings as to whether:
  94-22              (1)  a plan that has the goal of returning the child to
  94-23  the child's parents adequately ensures that reasonable efforts are
  94-24  made to enable the child's parents to provide a safe environment
  94-25  for the child; and
  94-26              (2)  the child's parents have reviewed and understand
  94-27  the service plan and have been advised that unless the parents are
   95-1  willing and able to provide the child with a safe environment, even
   95-2  with the assistance of a service plan, within the reasonable period
   95-3  of time specified in the plan, the parents' parental and custodial
   95-4  duties and rights may be subject to restriction or to termination
   95-5  under this code or the child may not be returned to the parents.
   95-6        SECTION 100.  Section 263.303(b), Family Code, as added by
   95-7  House Bill 655, Acts of the 74th Legislature, Regular Session,
   95-8  1995, is amended to read as follows:
   95-9        (b)  The status report must:
  95-10              (1)  evaluate all relevant information concerning each
  95-11  of the guidelines under this chapter and the parties' compliance
  95-12  with the service plan; <and>
  95-13              (2)  recommend one of the following actions:
  95-14                    (A)  that the child be returned to the child's
  95-15  home and that the suit be dismissed;
  95-16                    (B)  that the child be returned to the child's
  95-17  home with the department or other agency retaining conservatorship;
  95-18                    (C)  that the child remain in foster care for a
  95-19  specified period and that the child's parents continue to work
  95-20  toward providing the child with a safe environment;
  95-21                    (D)  that the child remain in foster care for a
  95-22  specified period and that termination of parental rights be sought
  95-23  under this code;
  95-24                    (E)  that a child who has resided in foster care
  95-25  for at least 18 months be placed or remain in permanent or
  95-26  long-term foster care because of the child's special needs or
  95-27  circumstances; or
   96-1                    (F)  that other plans be made or other services
   96-2  provided in accordance with the child's special needs or
   96-3  circumstances; and
   96-4              (3)  with respect to a child 16 years of age or older,
   96-5  identify the services needed to assist the child in the transition
   96-6  to adult life.
   96-7        SECTION 101.  Section 263.304, Family Code, as added by House
   96-8  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   96-9  amended to read as follows:
  96-10        Sec. 263.304.  INITIAL REVIEW HEARING; TIME.  Not later than
  96-11  the 180th day after the date of the conclusion of the full
  96-12  adversary hearing under Chapter 262, the court shall hold a
  96-13  <review> hearing to review the status of, and permanency plan for,
  96-14  a child in substitute care in the court's jurisdiction, including
  96-15  the time for the completion of the plan and the projected date for
  96-16  the achievement of the child's permanency plan.
  96-17        SECTION 102.  Section 263.306, Family Code, as added by House
  96-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  96-19  amended to read as follows:
  96-20        Sec. 263.306.  REVIEW HEARINGS:  PROCEDURE.  At each review
  96-21  hearing the court shall determine:
  96-22              (1)  the identity of <identify> all persons or parties
  96-23  present at the hearing or those given notice but failing to appear;
  96-24              (2)  <consider all relevant information pertaining to
  96-25  the factors under this chapter to determine> whether the child's
  96-26  parents are willing and able to provide the child with a safe
  96-27  environment;
   97-1              (3)  <determine> the extent to which the child's
   97-2  parents have taken the necessary actions or responsibilities toward
   97-3  achieving the plan goal during the period of the service plan and
   97-4  the extent to which the department or other authorized agency has
   97-5  provided assistance to the parents as provided in the service plan;
   97-6              (4)  whether the child continues to need substitute
   97-7  care and whether the child's current placement is appropriate for
   97-8  meeting the child's needs;
   97-9              (5)  a date for achieving the child's permanency plan;
  97-10              (6)  if the child has been in substitute care for not
  97-11  less than 18 months, the future status of the child and the
  97-12  appropriateness of the date by which the child may return home and
  97-13  whether to render further appropriate orders;
  97-14              (7)  if the child is in substitute care outside the
  97-15  state, whether the out-of-state placement continues to be
  97-16  appropriate and in the best interest of the child;
  97-17              (8)  <determine> whether the child's parents are
  97-18  willing and able to provide the child with a safe environment
  97-19  without the assistance of a service plan and, if so, return the
  97-20  child to the parents;
  97-21              (9) <(5)  determine> whether the child's parents are
  97-22  willing and able to provide the child with a safe environment with
  97-23  the assistance of a service plan and, if so, return the child or
  97-24  continue the placement of the child in the child's home under the
  97-25  department's or other agency's supervision;
  97-26              (10) <(6)  determine> whether the child's parents are
  97-27  presently unwilling or unable to provide the child with a safe
   98-1  environment, even with the assistance of a service plan, and, if
   98-2  so, order the child to remain under the department's or other
   98-3  agency's managing conservatorship for a period of time specified by
   98-4  the court;
   98-5              (11) <(7)  determine> whether a long-term substitute
   98-6  <foster> care placement is in the child's best interest because of
   98-7  the child's special needs or circumstances and, if so, begin a
   98-8  long-term substitute <foster> care placement and if the child is
   98-9  placed in institutional care, whether efforts have been made to
  98-10  ensure placement of the child in the least restrictive environment
  98-11  consistent with the best interest and special needs of the child;
  98-12              (12) <(8)  determine> whether a child is 16 years of
  98-13  age or older and, if so, order the services that are needed to
  98-14  assist the child in making the transition from substitute <foster>
  98-15  care to independent living if the services are available in the
  98-16  community;
  98-17              (13) <(9)  determine> whether the child has been placed
  98-18  with the department under a voluntary placement agreement and, if
  98-19  so, order that the department will institute further proceedings or
  98-20  return the child to the parents;
  98-21              (14) <(10)  determine> whether the department or
  98-22  authorized agency has custody, care, and control of the child under
  98-23  an affidavit of relinquishment of parental rights naming the
  98-24  department managing conservator and, if so, direct the department
  98-25  or authorized agency to institute further proceedings; and
  98-26              (15) <(11)  determine> whether parental rights to the
  98-27  child have been terminated and, if so, determine whether the
   99-1  department or authorized agency will attempt to place the child for
   99-2  adoption.
   99-3        SECTION 103.  Section 263.308, Family Code, as added by House
   99-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   99-5  amended to read as follows:
   99-6        Sec. 263.308.  PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
   99-7  <(a)>  In a case in which the court determines that an order for
   99-8  the child to remain in the managing conservatorship of the
   99-9  department or other agency is appropriate, the court shall make a
  99-10  finding that the child's parents understand that unless the parents
  99-11  are willing and able to provide the child with a safe environment,
  99-12  even with the assistance of a service plan, the parents' parental
  99-13  and custodial duties and rights may be subject to restriction or to
  99-14  termination under this code.
  99-15        <(b)  In the case of a child residing in foster care for at
  99-16  least 18 months, the court shall determine the appropriateness of
  99-17  the target date by which the child may return home.  The court may
  99-18  also enter further orders that are appropriate.>
  99-19        SECTION 104.  Section 264.009, Family Code, as added by House
  99-20  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  99-21  amended to read as follows:
  99-22        Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
  99-23  COURT>.  (a) Except as provided by Subsection (b), in <In> any
  99-24  action <suit brought> under this title <in which the department
  99-25  requests to be named conservator of a child>, the department shall
  99-26  be represented in <the trial> court by the:
  99-27              (1)  prosecuting attorney who represents the state in
  100-1  criminal cases in the district or county court of the county where
  100-2  the action <suit> is brought <filed or transferred>; or
  100-3              (2)  attorney general.
  100-4        (b)  In a county with a population of 2,800,000 or more, in
  100-5  an action under this title, the department shall be represented in
  100-6  court by the:
  100-7              (1)  attorney who represents the state in civil cases
  100-8  in the district or county court of the county where the action is
  100-9  brought;  or
 100-10              (2)  attorney general.
 100-11        SECTION 105.  Section 264.602(a), Family Code, as added by
 100-12  House Bill 655, Acts of the 74th Legislature, Regular Session,
 100-13  1995, is amended to read as follows:
 100-14        (a)  The statewide organization with which the attorney
 100-15  general contracts under Section 264.603 shall contract for services
 100-16  with <each> eligible volunteer advocate programs <program> to
 100-17  expand the existing services of the programs <program>.
 100-18        SECTION 106.  Section 264.603, Family Code, as added by House
 100-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 100-20  amended to read as follows:
 100-21        Sec. 264.603.  Administrative Contracts.  (a)  The attorney
 100-22  general shall contract with one statewide organization of
 100-23  individuals or groups of individuals who have expertise in the
 100-24  dynamics of child abuse and neglect and experience in operating
 100-25  volunteer advocate programs to<:>
 100-26              <(1)>  provide training, technical assistance, and
 100-27  evaluation services for the benefit of local volunteer advocate
  101-1  programs<; and>
  101-2              <(2)  manage the attorney general's contracts under
  101-3  Section 264.602>.
  101-4        (b)  The contract under this section shall provide that not
  101-5  more than 12 percent of the annual legislative appropriation to
  101-6  implement this subchapter may be spent for administrative purposes
  101-7  by the statewide organization with which the attorney general
  101-8  contracts under this section.
  101-9        SECTION 107.  Section 264.604(b), Family Code, as added by
 101-10  House Bill 655, Acts of the 74th Legislature, Regular Session,
 101-11  1995, is amended to read as follows:
 101-12        (b)  The statewide organization with which the attorney
 101-13  general contracts under Section 264.603 may not contract with a
 101-14  person that is not eligible under this section.  However, the
 101-15  statewide organization <attorney general> may waive the requirement
 101-16  in Subsection (a)(3) for an established program in a rural area or
 101-17  under other special circumstances.
 101-18        SECTION 108.  Section 264.606, Family Code, as added by House
 101-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
 101-20  amended to read as follows:
 101-21        Sec. 264.606.  Criteria for Award of Contracts.  The
 101-22  statewide organization with which the attorney general contracts
 101-23  under Section 264.603 shall consider the following in awarding a
 101-24  contract under Section 264.602:
 101-25              (1)  the volunteer advocate program's eligibility for
 101-26  and use of funds from local, state, or federal governmental
 101-27  sources, philanthropic organizations, and other sources;
  102-1              (2)  community support for the volunteer advocate
  102-2  program as indicated by financial contributions from civic
  102-3  organizations, individuals, and other community resources;
  102-4              (3)  whether the volunteer advocate program provides
  102-5  services that encourage the permanent placement of children through
  102-6  reunification with their families or timely placement with an
  102-7  adoptive family; and
  102-8              (4)  whether the volunteer advocate program has the
  102-9  endorsement and cooperation of the local juvenile court system.
 102-10        SECTION 109.  Section 264.607(b), Family Code, as added by
 102-11  House Bill 655, Acts of the 74th Legislature, Regular Session,
 102-12  1995, is amended to read as follows:
 102-13        (b)  The statewide organization with which the attorney
 102-14  general contracts under Section 264.603  may require that a
 102-15  contract under Section 264.602 require the volunteer advocate
 102-16  program to use forms provided by the attorney general.
 102-17        SECTION 110.  Section 192.003, Health and Safety Code, is
 102-18  amended by amending Subsection (d), as added by Section 1, Chapter
 102-19  519, Acts of the 73rd Legislature, Regular Session, 1993, and
 102-20  Subsections (e) and (f) to read as follows:
 102-21        (e)  If the mother of the child is not married to the father
 102-22  of the child, a person listed by Subsection (a) or (b) who is
 102-23  responsible for filing the birth certificate shall <(d)  On the
 102-24  birth of a child, the hospital, physician, midwife, or person
 102-25  acting as a midwife in attendance or their designee at a birth
 102-26  may>:
 102-27              (1)  provide an opportunity for the child's mother and
  103-1  biological father to sign the birth certificate or a form
  103-2  prescribed by the department in which the biological father
  103-3  consents to be named as the child's father on the child's birth
  103-4  certificate; and
  103-5              (2)  provide written information about establishing
  103-6  paternity, including an explanation of the rights and
  103-7  responsibilities of acknowledging paternity and information about
  103-8  the availability of<, including an application for> child support
  103-9  services, <furnished by the attorney general,> to the child's
 103-10  mother and the father, if present <regarding the benefits of having
 103-11  her child's paternity established and of the availability of
 103-12  paternity establishment services>.
 103-13        (f) <(e)>  The local registrar shall transmit signed consent
 103-14  forms to the state registrar.
 103-15        (g) <(f)>  The state registrar shall transmit signed consent
 103-16  forms to the attorney general who may use such forms for any
 103-17  purpose directly connected with the provision of child support
 103-18  services pursuant to Chapter 76, Human Resources Code.
 103-19        SECTION 111.  Section 8, Article 1.05, Title 79, Revised
 103-20  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
 103-21  amended to read as follows:
 103-22        Sec. 8.  This article does not apply to interest that accrues
 103-23  on <delinquent> child support under Section 157.265 <14.34>, Family
 103-24  Code.
 103-25        SECTION 112.  Sections 105.006(f) and 264.612(c), Family
 103-26  Code, as added by House Bill 655, Acts of the 74th Legislature,
 103-27  Regular Session, 1995, are repealed.
  104-1        SECTION 113.  This Act takes effect September 1, 1995, and
  104-2  applies to a pending suit affecting the parent-child relationship
  104-3  without regard to whether the suit was commenced before, on, or
  104-4  after the effective date of this Act.
  104-5        SECTION 114.  The importance of this legislation and the
  104-6  crowded condition of the calendars in both houses create an
  104-7  emergency and an imperative public necessity that the
  104-8  constitutional rule requiring bills to be read on three several
  104-9  days in each house be suspended, and this rule is hereby suspended.