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.