By Goodman, Thompson, Combs, Mc Call                   H.B. No. 433
       74R1326 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the parent-child relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 11.03(a) and (b), Family Code, are
    1-5  amended to read as follows:
    1-6        (a)  An original suit affecting the parent-child relationship
    1-7  may be brought at any time by:
    1-8              (1)  a parent of the child;
    1-9              (2)  the child (through a representative authorized by
   1-10  the court);
   1-11              (3)  a custodian or person having rights of visitation
   1-12  with or access to the child appointed by an order of a court of
   1-13  another state or country or by a court of this state before January
   1-14  1, 1974;
   1-15              (4)  a guardian of the person or of the estate of the
   1-16  child;
   1-17              (5)  a governmental entity;
   1-18              (6)  any authorized agency;
   1-19              (7)  a man alleging himself to be the biological father
   1-20  of a child under Chapter 12, subject to the limitations of Section
   1-21  12.06, <who has no presumed father> filing in accordance with
   1-22  Chapter 13 <of this code>, but not otherwise;
   1-23              (8)  a person who has had actual possession and control
   1-24  of the child for at least six months immediately preceding the
    2-1  filing of the petition;
    2-2              (9)  a person designated as the managing conservator in
    2-3  a revoked or unrevoked affidavit of relinquishment under Section
    2-4  15.03 <of this code> or to whom consent to adoption has been given
    2-5  in writing under Section 16.05 <of this code>; <or>
    2-6              (10)  a person with whom the child and the child's
    2-7  guardian, managing conservator, or parent have resided for at least
    2-8  six months immediately preceding the filing of the petition and the
    2-9  child's guardian, managing conservator, or parent is deceased at
   2-10  the time of the filing of the petition; or
   2-11              (11)  the foster parent of a child placed by the
   2-12  Department of Protective and Regulatory Services or a licensed
   2-13  child-placing agency, if the child has lived with the foster parent
   2-14  for not less than 12 months preceding the date of the filing of the
   2-15  foster parent's petition.
   2-16        (b)  An original suit affecting the parent-child relationship
   2-17  seeking managing conservatorship may be brought by a grandparent or
   2-18  any other person determined by the court to have had substantial
   2-19  past contact with the child sufficient to warrant standing, if
   2-20  there is satisfactory proof to the court that:
   2-21              (1)  the order sought is necessary because the child's
   2-22  present environment presents a serious question concerning the
   2-23  child's physical health or welfare; or
   2-24              (2)  both parents, the surviving parent, or the
   2-25  managing conservator or custodian either filed the petition or
   2-26  consented to the suit.
   2-27        SECTION 2.  Section 11.05(c), Family Code, is amended to read
    3-1  as follows:
    3-2        (c)  A court shall have jurisdiction over a suit affecting
    3-3  the parent-child relationship if it has been, correctly or
    3-4  incorrectly, informed by the Bureau of Vital Statistics <Texas
    3-5  Department of Human Services> that the child has not been the
    3-6  subject of a suit affecting the parent-child relationship and the
    3-7  petition states that no other court has continuing jurisdiction
    3-8  over the child.
    3-9        SECTION 3.  Sections 11.071(a), (b), and (c), Family Code,
   3-10  are amended to read as follows:
   3-11        (a)  The petitioner or the court shall request from the
   3-12  Bureau of Vital Statistics <Texas Department of Human Services>
   3-13  identification of the court that last had jurisdiction of the child
   3-14  in a suit affecting the parent-child relationship unless:
   3-15              (1)  the petition alleges that no court has continuing
   3-16  jurisdiction of the child, and the issue is not disputed by the
   3-17  pleadings; or
   3-18              (2)  the petition alleges that the court in which the
   3-19  suit, petition for further remedy, or motion to modify has been
   3-20  filed has acquired and retains continuing jurisdiction of the child
   3-21  as the result of a prior proceeding, and the issue is not disputed
   3-22  by the pleadings.
   3-23        (b)  The bureau <department> shall, on the written request of
   3-24  the court, an attorney, or any party, identify the court that last
   3-25  had jurisdiction of the child in a suit affecting the parent-child
   3-26  relationship and give the docket number of the suit, or state that
   3-27  the child has not been the subject of a suit affecting the
    4-1  parent-child relationship.  The child shall be identified in the
    4-2  request by name, birthdate, and place of birth.  The bureau
    4-3  <department> shall transmit this information within 10 days after
    4-4  the day the request is received.
    4-5        (c)  If a request for information from the bureau
    4-6  <department> relating to the identity of the court having
    4-7  continuing jurisdiction of the child has been made pursuant to
    4-8  Subsection (a), no final order, except an order of dismissal, shall
    4-9  be entered until the information is filed with the court.  If a
   4-10  final order is entered in the absence of the filing of the
   4-11  information from the bureau <department>, the order is voidable on
   4-12  a showing that a court other than the court that entered the order
   4-13  had continuing jurisdiction.
   4-14        SECTION 4.  Section 11.08, Family Code, is amended to read as
   4-15  follows:
   4-16        Sec. 11.08.  Contents of Petition.  (a)  The petition and all
   4-17  other documents in a proceeding brought under this subtitle,
   4-18  <(>except a suit for adoption of an adult,<)> shall be entitled "In
   4-19  the interest of ______________, a child."  In a suit in which
   4-20  adoption of a child is sought, the style shall be, "In the interest
   4-21  of a child."
   4-22        (b)  The petition must include:
   4-23              (1)  a statement that the court in which the petition
   4-24  is filed has continuing jurisdiction or that no court has
   4-25  continuing jurisdiction of the suit;
   4-26              (2)  the name, sex, place and date of birth, and place
   4-27  of residence of the child, except that if adoption of a child is
    5-1  sought, the name of the child may be omitted;
    5-2              (3)  the full name, age, and place of residence of the
    5-3  petitioner and his relationship to the child or the fact that no
    5-4  relationship exists;
    5-5              (4)  the names, ages, and place of residence of the
    5-6  parents, except in a suit in which adoption is sought;
    5-7              (5)  the name and place of residence of the managing
    5-8  conservator, if any, or the child's custodian, if any, appointed by
    5-9  an order of the court before January 1, 1974, or by order of a
   5-10  court of another state or nation;
   5-11              (6)  the names and places of residence of the guardians
   5-12  of the person and estate of the child, if any;
   5-13              (7)  the names and places of residence of possessory
   5-14  conservators or other persons, if any, having access to the child
   5-15  under an order of the court;
   5-16              (8)  the name and place of residence of the alleged
   5-17  father or probable father of the child or a statement that the
   5-18  identity of the father of the child is unknown;
   5-19              (9)  a full description and statement of value of all
   5-20  property owned or possessed by the child;
   5-21              (10)  a statement describing what action the court is
   5-22  requested to make concerning the child and the statutory grounds on
   5-23  which the request is made; and
   5-24              (11)  any other information required by other
   5-25  provisions of this subtitle.
   5-26        (c) <(d)>  A petition in any suit for adoption or any suit
   5-27  for appointment of a nonparent managing conservator with authority
    6-1  to consent to adoption of a child must include:
    6-2              (1)  a sworn allegation that there has been compliance
    6-3  with Chapter 45, Human Resources Code; or
    6-4              (2)  if there has not been compliance with Chapter 45,
    6-5  Human Resources Code, a sworn statement of the particular reasons
    6-6  for that noncompliance.
    6-7        (d) <(e)>  A petition for the involuntary termination of the
    6-8  parent-child relationship that alleges in the statutory language
    6-9  each statutory ground for the termination relied on and that
   6-10  alleges that the termination is in the best interest of the child
   6-11  is sufficient without the necessity of specifying the underlying
   6-12  facts.
   6-13        SECTION 5.  Section 11.09(a), Family Code, is amended to read
   6-14  as follows:
   6-15        (a)  Except as provided in Subsection (b) <of this section>,
   6-16  the following <persons> are entitled to service of citation on the
   6-17  filing of a petition in a suit affecting the parent-child
   6-18  relationship:
   6-19              (1)  the managing conservator, if any;
   6-20              (2)  possessory conservators, if any;
   6-21              (3)  persons, if any, having access to the child under
   6-22  an order of the court;
   6-23              (4)  persons, if any, required by law or by order of a
   6-24  court to provide for the support of a child;
   6-25              (5)  the guardian of the person of the child, if any;
   6-26              (6)  the guardian of the estate of the child, if any;
   6-27              (7)  each parent as to whom the parent-child
    7-1  relationship has not been terminated or process has not been waived
    7-2  under Section 15.03(c)(2) <of this code>; <and>
    7-3              (8)  the alleged father or probable father, unless
    7-4  there is attached to the petition an affidavit of waiver of
    7-5  interest in a child executed by the alleged father or probable
    7-6  father as provided in Section 15.041; and <of this code>
    7-7              (9)  the Department of Protective and Regulatory
    7-8  Services, if the petition requests that the department be appointed
    7-9  as managing conservator of the child.
   7-10        SECTION 6.  Section 11.12(b), Family Code, as amended by
   7-11  Chapter 371 and Chapter 1004, Acts of the 71st Legislature, Regular
   7-12  Session, 1989, is amended to read as follows:
   7-13        (b)  The social study shall be made by a <any> state agency,
   7-14  including the <Texas> Department of Protective and Regulatory
   7-15  <Human> Services or any person appointed by the court.  The court
   7-16  may appoint an investigator to conduct the social study required by
   7-17  this section who has the qualifications established by the rules of
   7-18  the <Texas> Department of Protective and Regulatory <Human>
   7-19  Services providing minimum qualifications for persons who may
   7-20  conduct social studies.  If the <Texas> Department of Protective
   7-21  and Regulatory <Human> Services, or another governmental agency, is
   7-22  appointed, the person who conducts the investigation and makes the
   7-23  report must also have those qualifications.  A study made under
   7-24  this section shall comply with the rules of the <Texas> Department
   7-25  of Protective and Regulatory <Human> Services establishing minimum
   7-26  standards, guidelines, and procedures for social studies <or the
   7-27  criteria established by the court>.   <This social study shall
    8-1  contain any history of physical, sexual, or emotional abuse
    8-2  suffered by the child.>  In a suit in which a social study is
    8-3  ordered <adoption is sought or possession of or access to the child
    8-4  is an issue> and in which the <Texas> Department of Protective and
    8-5  Regulatory <Human> Services is not a party <or has no interest>,
    8-6  the court may not <shall> appoint the department <a private agency
    8-7  or person> to conduct the social study.  <In all adoptions a copy
    8-8  of the social study shall be made available to the prospective
    8-9  adoptive parents prior to a final decree of adoption.>
   8-10        SECTION 7.  Section 11.13, Family Code, is amended to read as
   8-11  follows:
   8-12        Sec. 11.13.  JURY.  (a)  Except as provided by Subsection
   8-13  (b), a party may demand a jury trial in <In> a suit affecting the
   8-14  parent-child relationship<, except a suit in which adoption is
   8-15  sought, any party may demand 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 enter a decree that contravenes the
   8-20  verdict of the jury, except with respect to the issues of the
   8-21  specific terms and conditions of access to the child, support of
   8-22  the child, and the rights, privileges, duties, and powers of sole
   8-23  managing conservators, joint managing conservators, or possessory
   8-24  conservators, on which the court may submit or refuse to submit
   8-25  issues to the jury as the court determines appropriate, and on
   8-26  which issues the jury verdict, if any, is advisory only.
   8-27        SECTION 8.  Section 11.155, Family Code, is amended to read
    9-1  as follows:
    9-2        Sec. 11.155.  Contents of Decree.  (a)  A decree in a suit
    9-3  affecting the parent-child relationship must contain the social
    9-4  security number and driver's license number of each party to the
    9-5  suit, including the child, except that the child's social security
    9-6  number or driver's license number is not required if the child has
    9-7  not been assigned a social security number or driver's license
    9-8  number.
    9-9        (b)  <Except as provided by Subsection (c) of this section, a
   9-10  party to a decree in a suit affecting the parent-child relationship
   9-11  that orders child support or possession of or access to a child
   9-12  shall:>
   9-13              <(1)  when the decree is entered, provide the clerk of
   9-14  the court with the party's current residence address, mailing
   9-15  address, home telephone number, name of employer, address of
   9-16  employment, and work telephone number; and>
   9-17              <(2)  before the 11th day after the date any
   9-18  information in Subdivision (1) of this subsection changes, inform
   9-19  the clerk and all other parties of the change as long as any
   9-20  person, by virtue of the decree, is under an obligation to pay
   9-21  child support or is entitled to possession of or access to a child.>
   9-22        <(c)  If a court finds after notice and hearing that
   9-23  requiring a party to provide the information required by Subsection
   9-24  (b) of this section is likely to cause the child or a conservator
   9-25  harassment, serious harm, or injury, the court may:>
   9-26              <(1)  order the information not to be disclosed to
   9-27  another party; or>
   10-1              <(2)  enter any other order the court considers
   10-2  necessary.>
   10-3        <(d)>  A decree in a suit affecting the parent-child
   10-4  relationship that orders child support or possession of or access
   10-5  to a child must contain the following in bold-faced type or in
   10-6  capital letters:
   10-7        "Failure to obey a court order for child support or for
   10-8  possession of or access to a child may result in further litigation
   10-9  to enforce the order, including contempt of court.  A finding of
  10-10  contempt may be punished by confinement in jail for up to six
  10-11  months, a fine of up to $500 for each violation, and a money
  10-12  judgment for payment of attorney's fees and court costs.
  10-13        "Failure of a party to make a child support payment to the
  10-14  place and in the manner required by a court order may result in the
  10-15  party not receiving credit for making the payment.
  10-16        "Failure of a party to pay child support does not justify
  10-17  denying that party court-ordered possession of or access to a
  10-18  child.  Refusal by a party to allow possession of or access to a
  10-19  child does not justify failure to pay court-ordered child support
  10-20  to that party."
  10-21        <(e)  Except as provided by Subsection (c) of this section, a
  10-22  decree in a suit affecting the parent-child relationship that
  10-23  orders child support or possession of or access to a child must
  10-24  also contain the following in bold-faced type or in capital
  10-25  letters:>
  10-26        <"Each person who is a party to this order or decree is
  10-27  ordered to notify the clerk of this court within 10 days after the
   11-1  date of any change in the party's current residence address,
   11-2  mailing address, home telephone number, name of employer, address
   11-3  of place of employment, or work telephone number.  The duty to
   11-4  furnish this information to the clerk of the court continues as
   11-5  long as any person, by virtue of this order or decree, is under an
   11-6  obligation to pay child support or is entitled to possession of or
   11-7  access to a child. Failure to obey the order of this court to
   11-8  provide the clerk with the current mailing address of a party may
   11-9  result in the issuance of a capias for the arrest of the party if
  11-10  that party cannot be personally served with notice of a hearing at
  11-11  an address of record.">
  11-12        <(f)  The clerk of the court shall maintain a file of any
  11-13  information provided by a party under this section and shall,
  11-14  unless otherwise ordered by the court, provide the information on
  11-15  request, without charge, to a party, the attorney general, a
  11-16  domestic relations office, a child support collection office, or
  11-17  any other person designated to prosecute actions under the Uniform
  11-18  Interstate Family Support Act (Chapter 21 of this code) or to
  11-19  enforce an order providing for child support or possession of or
  11-20  access to a child.>
  11-21        SECTION 9.  Section 11.17, Family Code, is amended to read as
  11-22  follows:
  11-23        Sec. 11.17.  Central Record File.  (a)  Except as provided by
  11-24  Subsection (b) <of this section>, the clerk of each court having
  11-25  jurisdiction of suits affecting the parent-child relationship shall
  11-26  transmit to the Bureau <Texas Department> of Vital
  11-27  Statistics <Human Services> a copy of the decree entered in each
   12-1  suit affecting the parent-child relationship, together with the
   12-2  name and all prior names, birthdate, and place of birth of the
   12-3  child.  The bureau <department> shall maintain these records in a
   12-4  central file according to the name, birthdate, and place of birth
   12-5  of the child, the court which rendered the decree, and the docket
   12-6  number of the suit.
   12-7        (b)  The <On entry of a decree of adoption or on the
   12-8  termination of jurisdiction of a court as provided in Section
   12-9  11.05(d) of this code, the> clerk of the court that renders a
  12-10  decree of adoption <at petitioner's request> shall transmit, not
  12-11  later than the 10th day of the first month after the month in which
  12-12  the adoption was granted, to the central registry of the bureau:
  12-13              (1)  <department> a complete file in the case,
  12-14  including all pleadings, papers, studies, and records in the suit
  12-15  other than the minutes of the court, if the petitioner requested
  12-16  that the complete file be sent;
  12-17              (2)  <.  The clerk of the court, on entry of a decree
  12-18  of adoption, shall send to the department> a certified copy of the
  12-19  petition and decree of adoption excluding the<.  The clerk may not
  12-20  transmit to the department> pleadings, papers, studies, and records
  12-21  relating to a suit for divorce or annulment or to declare a
  12-22  marriage void, if the petitioner did not request that the complete
  12-23  file be sent; and
  12-24              (3)  a report of adoption including:
  12-25                    (A)  the name of the adopted child after adoption
  12-26  as shown on the adoption decree;
  12-27                    (B)  the birthdate of the adopted child;
   13-1                    (C)  the docket number of the adoption suit;
   13-2                    (D)  the identity of the court granting the
   13-3  adoption;
   13-4                    (E)  the date of the adoption decree;
   13-5                    (F)  the name and address of each parent,
   13-6  guardian, managing conservator, or other person whose consent to
   13-7  adoption was required or waived under Chapter 16 or whose parental
   13-8  rights were terminated in the adoption suit;
   13-9                    (G)  the identity of the licensed child-placing
  13-10  agency, if any, through which the adopted child was placed for
  13-11  adoption; and
  13-12                    (H)  the identity, address, and telephone number
  13-13  of the registry through which the adopted child may register as an
  13-14  adoptee.
  13-15        (c)  When the bureau <department> receives the complete file
  13-16  or petition and decree of adoption, it shall close the records
  13-17  concerning that child<;> and, except for statistical purposes, it
  13-18  shall not disclose any information concerning the prior proceedings
  13-19  affecting the child.
  13-20        (d)  Except as provided in Subsection (g) <(d) of this
  13-21  section>, any subsequent inquiries concerning the child who has
  13-22  been adopted shall be handled as though the child had not been
  13-23  previously the subject of a suit affecting the parent-child
  13-24  relationship.
  13-25        (e)  On the receipt of additional records concerning a child
  13-26  who has been the subject of a suit affecting the parent-child
  13-27  relationship in which the records have been closed as required in
   14-1  this section, a new file shall be made and maintained as other
   14-2  records required by this section.
   14-3        (f) <(c)>  The bureau <department> may charge a reasonable
   14-4  fee to cover the cost of determining and sending information
   14-5  concerning the identity of courts with continuing jurisdiction.
   14-6  The receipts shall be deposited in any financial institution as
   14-7  determined by the director of the bureau <commissioner of welfare>
   14-8  and withdrawn as necessary for the sole purpose of operating and
   14-9  maintaining the central record file.
  14-10        (g)  On the termination of jurisdiction of a court as
  14-11  provided in Section 11.05(d), the clerk of the court shall transmit
  14-12  to the department a complete file in the case, including all
  14-13  pleadings, papers, studies, and records in the suit other than the
  14-14  minutes of the court.  The clerk may not transmit to the department
  14-15  pleadings, papers, studies, and records relating to a suit for
  14-16  divorce or annulment or to declare a marriage void.  When the
  14-17  department receives the complete file or petition it shall close
  14-18  the records concerning that child; and except for statistical
  14-19  purposes, it shall not disclose any information concerning the
  14-20  prior proceedings affecting the child.  Except as provided in
  14-21  Subsection (h), any subsequent inquiries concerning the child shall
  14-22  be handled as though the child had not been previously the subject
  14-23  of a suit affecting the parent-child relationship.  On the receipt
  14-24  of additional records concerning a child who has been the subject
  14-25  of a suit affecting the parent-child relationship in which the
  14-26  records have been closed as required in this subsection, a new file
  14-27  shall be made and maintained as other records required by this
   15-1  section.
   15-2        (h) <(d)>  The records concerning a child maintained by the
   15-3  district clerk after entry of a decree of adoption, the records of
   15-4  a child-placing agency that has ceased operations, and all the
   15-5  records required under this section to be maintained by the bureau
   15-6  <department> are confidential, and no person is entitled to access
   15-7  to or information from these records except for good cause <as
   15-8  provided by this subtitle> or on an order of the court that granted
   15-9  the adoption or that terminated the proceedings under Section
  15-10  11.05(d) <which issued the decree for good cause>.
  15-11        (i) <(e)>  The bureau <department> may utilize microfilm or
  15-12  other suitable means for maintaining the central record file.  A
  15-13  certified reproduction of a document maintained by the bureau
  15-14  <department> is admissible in evidence as the original document.
  15-15        (j) <(f)>  The court, on the motion of a party or on the
  15-16  court's own motion, may order the sealing of the file, the minutes
  15-17  of the court, or both, in a proceeding in which adoption or
  15-18  termination was sought.  This subsection does not relieve the clerk
  15-19  from the duty to transmit files or petitions and decrees of
  15-20  adoption to the bureau <department> as required by Subsection (b)
  15-21  <of this section>.
  15-22        SECTION 10.  Section 11.21(a), Family Code, is amended to
  15-23  read as follows:
  15-24        (a)  This section applies only to a proceeding affecting the
  15-25  parent-child relationship, including <but not limited to> a
  15-26  proceeding under Title 2 or 4 <of this code>, and to a proceeding
  15-27  under Title 3 <of this code>, in which a child 12 years of age or
   16-1  younger is alleged to have been abused, and applies only to the
   16-2  statement or testimony of that child.  The court may allow as
   16-3  provided under this section the testimony of a child of any age
   16-4  who, because of a medical condition, is incapable of testifying in
   16-5  open court.
   16-6        SECTION 11.  Section 11.53, Family Code, is amended by adding
   16-7  Subsection (e) to read as follows:
   16-8        (e)  A court that has jurisdiction of a case under Subsection
   16-9  (a)(3) for which a court in another state may exercise jurisdiction
  16-10  under prerequisites substantially in accordance with Subsection
  16-11  (a)(1) or (2) may enter only a temporary order to protect the
  16-12  child.  The suit shall be dismissed in this state on the date a
  16-13  court of competent jurisdiction in another state signs an order in
  16-14  the case or on the 91st day after the date the court in this state
  16-15  exercised its jurisdiction, whichever date occurs first.
  16-16        SECTION 12.  Section 12.02(b), Family Code, is amended to
  16-17  read as follows:
  16-18        (b)  A presumption of paternity <under this section> may be
  16-19  rebutted as provided by Section 12.06 <only by clear and convincing
  16-20  evidence.  If two or more presumptions arise that conflict, the
  16-21  presumption that is founded on the weightier considerations of
  16-22  policy and logic controls.  The presumption is rebutted by a court
  16-23  decree establishing paternity of the child by another man>.
  16-24        SECTION 13.  Section 12.04, Family Code, is amended to read
  16-25  as follows:
  16-26        Sec. 12.04.  RIGHTS AND<, PRIVILEGES,> DUTIES<, AND POWERS>
  16-27  OF PARENT.  Except as otherwise provided by judicial order or by an
   17-1  affidavit of relinquishment of parental rights executed under
   17-2  Section 15.03 <of this code>, the parent of a child has the
   17-3  following rights and<, privileges,> duties<, and powers>:
   17-4              (1)  the right to have physical possession, to direct
   17-5  the moral and religious training, and to determine <establish> the
   17-6  residence <legal domicile> of the child;
   17-7              (2)  the duty of care, control, protection, and
   17-8  reasonable discipline of the child;
   17-9              (3)  the duty to support the child, including providing
  17-10  the child with clothing, food, shelter, medical care, and
  17-11  education;
  17-12              (4)  the right to consent to medical, dental, surgical,
  17-13  psychiatric, and psychological treatment for the child;
  17-14              (5)  the right to make educational decisions for the
  17-15  child;
  17-16              (6)  the duty, except when a guardian of the child's
  17-17  estate has been appointed, to manage the estate of the child,
  17-18  including the right <a power> as an agent of the child to act in
  17-19  relation to the child's estate if the child's action is required by
  17-20  a state, the United States, or a foreign government;
  17-21              (7) <(5)>  the right to the services and earnings of
  17-22  the child;
  17-23              (8) <(6)>  the right <power> to consent to marriage<,
  17-24  to enlistment in the armed forces of the United States, and to
  17-25  medical, psychiatric, and surgical treatment>;
  17-26              (9) <(7)>  the right <power> to represent the child in
  17-27  legal action and to make other decisions of substantial legal
   18-1  significance concerning the child;
   18-2              (10) <(8)>  the right <power> to receive and give
   18-3  receipt for payments for the support of the child and to hold or
   18-4  disburse any funds for the benefit of the child;
   18-5              (11) <(9)>  the right to inherit from and through the
   18-6  child; <and>
   18-7              (12)  the right to consent to enlistment in the armed
   18-8  forces of the United States; and
   18-9              (13) <(10)>  any other right or<, privilege,> duty<, or
  18-10  power> existing between a parent and child by virtue of law.
  18-11        SECTION 14.  Section 12.06, Family Code, is amended to read
  18-12  as follows:
  18-13        Sec. 12.06.  Denial of Paternity.  (a)  In a <any> suit
  18-14  affecting the parent-child relationship, the presumption that a man
  18-15  <who> is the biological <a presumed> father of a child as provided
  18-16  by <under> Section 12.02(a) may be contested by:
  18-17              (1)  <of this code,> the biological mother of the
  18-18  child;
  18-19              (2)  a man presumed to be the father of the child, who
  18-20  may contest his own or another man's presumed paternity;
  18-21              (3)  a man alleging himself to be the biological father
  18-22  of the child; or
  18-23              (4)  <, or> a governmental entity, authorized agency,
  18-24  or licensed child-placing agency <is entitled to deny any presumed
  18-25  father's paternity of the child>.
  18-26        (b)  A contest <The question> of paternity <under this
  18-27  section> must be raised by an express statement denying paternity
   19-1  of the child in a party's pleadings in the suit, without regard to
   19-2  whether the presumed father or biological mother is a petitioner or
   19-3  respondent.
   19-4        (c) <(b)>  In a <any> suit in which a question of paternity
   19-5  is raised <under this section>, the court shall conduct the
   19-6  pretrial proceedings and order scientifically accepted paternity
   19-7  testing as provided <required> in <a suit under> Chapter 13 <of
   19-8  this code>.
   19-9        (d) <(c)>  In a <any> suit in which a question of paternity
  19-10  is raised <under this section>, the party contesting <denying> the
  19-11  presumed father's  paternity of the child has the burden of
  19-12  rebutting the presumption of paternity by clear and convincing
  19-13  evidence <as provided in this code>.
  19-14        (e)  An order for temporary child support, conservatorship,
  19-15  or other relief <entered> under Section 11.11 <of this code> is
  19-16  valid and enforceable unless superseded by a final order <decree>
  19-17  finding nonpaternity of the presumed father.
  19-18        (f)  The court shall dismiss with prejudice a claim regarding
  19-19  a presumed father whose paternity is excluded by scientifically
  19-20  accepted paternity testing.
  19-21        (g)  If two or more presumptions are in conflict, the
  19-22  presumption that is founded on the weightier considerations of
  19-23  policy and logic controls.  The court shall find that the weightier
  19-24  presumption of paternity is that of a presumed father who is not
  19-25  excluded as the biological father of the child by scientifically
  19-26  accepted paternity testing that shows that at least 99 percent of
  19-27  the male population is excluded.
   20-1        (h)  The court shall dismiss a suit contesting a presumption
   20-2  of paternity filed by a man who is not a presumed father, but who
   20-3  alleges himself to be the biological father of a child, if:
   20-4              (1)  the suit is filed more than two years after the
   20-5  later of:
   20-6                    (A)  the birth of the child; or
   20-7                    (B)  the time the presumption of paternity came
   20-8  into existence after the child was born; and
   20-9              (2)  the presumed father:
  20-10                    (A)  has resided in the same household as the
  20-11  child in a father-child relationship or has established a
  20-12  father-child relationship with the child through his other actions;
  20-13  and
  20-14                    (B)  requests an order designating him as the
  20-15  father of the child.
  20-16        (i)  A suit contesting a presumption that a man is the
  20-17  biological father of a child may be filed at any time during the
  20-18  minority of the child by:
  20-19              (1)  the biological mother of the child;
  20-20              (2)  a presumed father; or
  20-21              (3)  a governmental entity, authorized agency, or
  20-22  licensed child-placing agency.
  20-23        (j)  If a presumption of paternity is rebutted, the court
  20-24  shall enter an order finding that the man presumed to be the father
  20-25  of the child is not the biological father.
  20-26        SECTION 15.  Section 14.02, Family Code, is amended to read
  20-27  as follows:
   21-1        Sec. 14.02.  COURT TO SPECIFY RIGHTS AND DUTIES<, PRIVILEGES,
   21-2  DUTIES, AND POWERS> OF PARENT APPOINTED AS <A> CONSERVATOR.  <(a)>
   21-3  If both parents are appointed as conservators of the child, <either
   21-4  by agreement between the parties or by court order,> the court
   21-5  shall specify the rights and<, privileges,> duties<, and powers of
   21-6  a parent that are to be retained by both parents, the rights,
   21-7  privileges, duties, and powers> of a parent that are to be
   21-8  exercised:
   21-9              (1)  by each parent independently;
  21-10              (2)  by the agreement of the parents; and
  21-11              (3)  <jointly, and the rights, privileges, duties, and
  21-12  powers that are to be exercised> exclusively by one parent.  <Each
  21-13  parent retains the right to receive information from the other
  21-14  parent concerning the health, education, and welfare of the child
  21-15  and, to the extent possible, the right to confer with the other
  21-16  parent before making a decision concerning the health, education,
  21-17  and welfare of the child, and the court shall specify these rights
  21-18  in the order.>
  21-19        Sec. 14.0201.  LIMITATION OF PARENTAL RIGHTS AND DUTIES.  The
  21-20  court may limit the rights and duties of <(b)  Unless by written
  21-21  findings the court determines it would not be in the best interest
  21-22  of the child,> a parent appointed as a conservator if the court
  21-23  determines the limitation is in the child's best interests. <of the
  21-24  child retains the following rights, privileges, duties, and powers
  21-25  of a parent, subject to any limitation imposed by court order in
  21-26  allowing access to the child:>
  21-27        Sec. 14.0202.  RIGHTS AND DUTIES DURING POSSESSION.  Subject
   22-1  to a limitation imposed under Section 14.0201, <(1)> a parent
   22-2  appointed as a conservator of a child has the following rights and
   22-3  duties during the period that the parent has possession of the
   22-4  child:
   22-5              (1) <(A)>  the right to physical possession and to
   22-6  direct the moral and religious training of the child;
   22-7              (2) <(B)>  the duty of care, control, protection, and
   22-8  reasonable discipline of the child;
   22-9              (3) <(C)>  the duty to support the child, including
  22-10  providing the child with clothing, food, shelter, and medical and
  22-11  dental care not involving an invasive procedure; and
  22-12              (4) <(D)>  the right <power> to consent to medical,
  22-13  dental, and surgical treatment during an emergency involving an
  22-14  immediate danger to the health and safety of the child and the
  22-15  right to consent to medical and dental care not involving an
  22-16  invasive procedure.<;>
  22-17        Sec. 14.0203.  RIGHTS AND DUTIES AT ALL TIMES.  Subject to a
  22-18  limitation imposed under Section 14.0201, a <(2)  each> parent
  22-19  appointed as a conservator of a child has at all times:
  22-20              (1)  as specified by court order:
  22-21                    (A)  the right to receive information from the
  22-22  other parent concerning the health, education, and welfare of the
  22-23  child; and
  22-24                    (B)  to the extent possible, the right to confer
  22-25  with the other parent before making a decision concerning the
  22-26  health, education, and welfare of the child;
  22-27              (2) <(A)>  the right of access to medical, dental,
   23-1  psychological, and educational records of the child;
   23-2              (3) <(B)>  the right to consult with a <any> physician,
   23-3  dentist, or psychologist of the child;
   23-4              (4) <(C)>  the right to consult with school officials
   23-5  concerning the child's welfare and educational status, including
   23-6  school activities;
   23-7              (5) <(D)>  the right to attend school activities;
   23-8              (6) <(E)>  the right to be designated on the child's
   23-9  <any> records as a person to be notified in case of an emergency;
  23-10              (7)  the right to consent to medical, dental, and
  23-11  surgical treatment during an emergency involving an immediate
  23-12  danger to the health and safety of the child; and
  23-13              (8) <(F)>  the right to manage the estate of the child
  23-14  to the extent the estate has been created by the parent or the
  23-15  parent's family.<; and>
  23-16        Sec. 14.0204.  RIGHTS AND DUTIES OF PARENT WHO IS SOLE
  23-17  MANAGING CONSERVATOR.  Subject to a limitation imposed under
  23-18  Section 14.0201, <(3)>  a parent appointed as the sole managing
  23-19  conservator of a child exclusively has:
  23-20              (1) <(A)>  the right to the services and earnings of
  23-21  the child;
  23-22              (2) <(B)>  the right <power> to consent to marriage, to
  23-23  enlistment in the armed forces of the United States, to medical,
  23-24  dental, and surgical treatment involving invasive procedures, and
  23-25  to psychiatric and psychological treatment;
  23-26              (3) <(C)>  the right <power> to represent the child in
  23-27  legal action and to make other decisions of substantial legal
   24-1  significance concerning the child, including the right to establish
   24-2  the primary residence of the child;
   24-3              (4)  <,> except when a guardian of the child's estate
   24-4  or a guardian or attorney ad litem has been appointed for the
   24-5  child, a right <power> as an agent of the child to act in relation
   24-6  to the child's estate if the child's action is required by a state,
   24-7  the United States, or a foreign government; <and>
   24-8              (5) <(D)>  the right <power> to receive and give
   24-9  receipt for periodic payments for the support of the child and to
  24-10  hold or disburse these funds for the benefit of the child; and
  24-11              (6)  the right to make decisions regarding the child's
  24-12  education.
  24-13        Sec. 14.0205.  RIGHTS AND DUTIES OF MANAGING CONSERVATOR
  24-14  OTHER THAN PARENT.  <(c)>  A managing conservator who is not the
  24-15  parent of the child has the following rights and<, privileges,>
  24-16  duties<, and powers>, subject to the same limitations that apply to
  24-17  a parent under Section 14.0201, <Subsection (b) of this section,
  24-18  to> the rights and<, privileges,> duties<, and powers> of a
  24-19  possessory conservator as provided in Section 14.04 <of this code>,
  24-20  and <to> any limitation imposed by court order in allowing access
  24-21  to the child:
  24-22              (1)  the right to have physical possession and<,> to
  24-23  direct the moral and religious training<, and to establish the
  24-24  legal domicile> of the child;
  24-25              (2)  the duty of care, control, protection, and
  24-26  reasonable discipline of the child;
  24-27              (3)  the duty to provide the child with clothing, food,
   25-1  shelter, <and> education, and medical, psychological, and dental
   25-2  care;
   25-3              (4)  the right to the services and earnings of the
   25-4  child;
   25-5              (5)  the right <power> to consent to marriage, to
   25-6  enlistment in the armed forces of the United States, and to
   25-7  medical, psychiatric, psychological, dental, and surgical
   25-8  treatment;
   25-9              (6)  the right <power> to represent the child in legal
  25-10  action and to make other decisions of substantial legal
  25-11  significance concerning the child;
  25-12              (7)  <including,> except when a guardian of the child's
  25-13  estate or a guardian or attorney ad litem has been appointed for
  25-14  the child, a right <power> as an agent of the child to act in
  25-15  relation to the child's estate if the child's action is required by
  25-16  a state, the United States, or a foreign government;
  25-17              (8) <(7)>  the right <power> to receive and give
  25-18  receipt for periodic payments for the support of the child and to
  25-19  hold or disburse these funds for the benefit of the child; <and>
  25-20              (9)  the right to establish the primary residence of
  25-21  the child and to make decisions regarding the child's education;
  25-22  and
  25-23              (10) <(8)>  if the parent-child relationship has been
  25-24  terminated with respect to the parents, or only living parent, or
  25-25  if there is no living parent, the right <power> to consent to the
  25-26  adoption of the child and to make any other decision concerning the
  25-27  child that a parent could make.
   26-1        Sec. 14.0206.  RIGHTS AND DUTIES OF MANAGING CONSERVATOR
   26-2  DESIGNATED IN AFFIDAVIT OF RELINQUISHMENT.  <(d)>  A person or
   26-3  authorized agency designated managing conservator of a child in an
   26-4  irrevocable or unrevoked affidavit of relinquishment executed
   26-5  pursuant to Section 15.03 <of this code> shall have a right to
   26-6  possession of the child superior to the right of the person
   26-7  executing the affidavit, the right to consent to medical, <and>
   26-8  surgical, dental, and psychological treatment of the child, and the
   26-9  rights and<, privileges,> duties<, and powers> given by Section
  26-10  14.04 <of this code> to a possessory conservator until such time as
  26-11  these rights and<, privileges,> duties<, and powers> are modified
  26-12  or terminated by court order.
  26-13        Sec. 14.0207.  EFFECT OF APPOINTMENT OF MANAGING CONSERVATOR
  26-14  ON RIGHT TO INHERIT.  <(e)>  The appointment of a managing
  26-15  conservator does not create, rescind, or otherwise alter a right to
  26-16  inherit as established by law or as modified under Chapter 15 <of
  26-17  this code>.
  26-18        SECTION 16.  Subchapter A, Chapter 14, Family Code, is
  26-19  amended by adding Section 14.0208 to read as follows:
  26-20        Sec. 14.0208.  FALSE REPORT OF CHILD ABUSE.  If, in
  26-21  connection with a pending suit affecting the parent-child
  26-22  relationship, a party to the suit makes a report alleging child
  26-23  abuse by another party to the suit that the reporting party knows
  26-24  lacks a factual foundation, the court shall deem the report a
  26-25  knowingly false report.  Evidence of a false report of child abuse
  26-26  is admissible in a suit between the involved parties regarding the
  26-27  terms of conservatorship of the child.
   27-1        SECTION 17.  Section 14.03, Family Code, is amended by adding
   27-2  Subsection (k) to read as follows:
   27-3        (k)  A court may not render an order that conditions the
   27-4  right of a conservator to possession of or access to a child on the
   27-5  payment of child support.
   27-6        SECTION 18.  Sections 14.045(a) and (c), Family Code, are
   27-7  amended to read as follows:
   27-8        (a)  Each decree that provides for the appointment of a
   27-9  conservator who has possession of or access to a child shall
  27-10  include, and in its absence shall be deemed to include, the
  27-11  requirement that each conservator <who intends a change of place of
  27-12  residence> must give written notice of the name of the
  27-13  conservator's employer, the address of the conservator's
  27-14  employment, and the conservator's work <the intended date of
  27-15  change, new> telephone number<, and new street address of
  27-16  residence> to the clerk of the court having jurisdiction of the
  27-17  suit affecting the parent-child relationship in which the order was
  27-18  made <and to every other party who has possession of or access to
  27-19  the child>.  The conservator must give written notice to the clerk
  27-20  of the court of any change in the information required by this
  27-21  subsection before the 11th day after the date the information
  27-22  changed.  <The notice must be given on or before the 60th day
  27-23  before the conservator changes the conservator's place of
  27-24  residence.  If the conservator did not know or could not have known
  27-25  of the change of residence or if the required information was not
  27-26  available within the 60-day period, the conservator shall supply
  27-27  the written notice of the change of residence or the related
   28-1  information on or before the fifth day after the date that the
   28-2  conservator knew or should have known of the change or of the
   28-3  related information.>
   28-4        (c)  <The notice required by this section may be given to a
   28-5  party by delivery of a copy of the notice to the party either in
   28-6  person or by registered or certified mail, return receipt
   28-7  requested, to the last known address of the party.> The notice
   28-8  required by this section may be given to the court by delivery of a
   28-9  copy of the notice either in person to the clerk of the court or by
  28-10  registered or certified mail addressed to the clerk of the court.
  28-11        SECTION 19.  Section 14.05, Family Code, is amended by
  28-12  reenacting Subsection (a) and adding Subsections (k) and (l) to
  28-13  read as follows:
  28-14        (a)  The court may order either or both parents to make
  28-15  periodic payments or a lump-sum payment, or both, for the support
  28-16  of the child until he or she is 18 years of age in the manner and
  28-17  to the persons specified by the court in the decree.  The court of
  28-18  continuing exclusive jurisdiction may modify an existing order or
  28-19  enter a new order extending child support past the 18th birthday of
  28-20  the child, whether the request for such an order is filed before or
  28-21  after the child's 18th birthday, if the child is fully enrolled in
  28-22  an accredited secondary school in a program leading toward a high
  28-23  school diploma.  The order for periodic support may provide that
  28-24  payments continue until the end of the school year in which the
  28-25  child graduates. In addition, the court may order a parent
  28-26  obligated to support a child to set aside property to be
  28-27  administered for the support of the child in the manner and by the
   29-1  persons specified by the court in the decree.  In determining the
   29-2  amount of child support, the court shall be guided by the child
   29-3  support guidelines contained in Sections 14.052 through 14.058 of
   29-4  this chapter for the support of a child.
   29-5        (k)  The court may order either or both parents to make
   29-6  periodic payments for the support of a child in a proceeding in
   29-7  which the Department of Protective and Regulatory Services is named
   29-8  temporary managing conservator.  In a proceeding in which the
   29-9  Department of Protective and Regulatory Services is named permanent
  29-10  managing conservator of a child whose parents' rights have not been
  29-11  terminated, the court shall order either or both parents to make
  29-12  periodic payments for the support of the child.
  29-13        (l)  A court may not render an order that conditions the
  29-14  payment of child support on whether a managing conservator allows a
  29-15  possessory conservator to have possession of or access to a child.
  29-16        SECTION 20.  The heading of Section 14.051, Family Code, is
  29-17  amended to read as follows:
  29-18        Sec. 14.051.  SUPPORT AND POSSESSION OF, AND ACCESS TO, <FOR>
  29-19  A MINOR OR ADULT DISABLED CHILD.
  29-20        SECTION 21.  Section 14.051, Family Code, is amended by
  29-21  amending Subsections (b), (g), and (h) and by adding Subsection (l)
  29-22  to read as follows:
  29-23        (b)  The court may order either or both parents to provide
  29-24  for the support of a child for an indefinite period and determine
  29-25  the rights and<, privileges,> duties<, and powers> of the child's
  29-26  parents for the support of the child if the court finds that:
  29-27              (1)  the child, whether institutionalized or not,
   30-1  requires substantial care and personal supervision because of a
   30-2  mental or physical disability and will not be able to support
   30-3  himself; and
   30-4              (2)  the disability exists, or the cause of the
   30-5  disability is known to exist, before or on the 18th birthday of the
   30-6  child.
   30-7        (g)  In determining the amount of support to be paid after a
   30-8  child's 18th birthday, the specific terms and conditions of that
   30-9  support, and the rights and<, privileges,> duties<, and powers> of
  30-10  both parents with respect to the support of the child, the court
  30-11  shall determine and give special consideration to:
  30-12              (1)  any existing or future needs of the adult child
  30-13  directly related to the adult child's mental or physical disability
  30-14  and the substantial care and personal supervision directly required
  30-15  by or related to that disability;
  30-16              (2)  whether the parent pays for or will pay for the
  30-17  care or supervision of the adult child or provides or will provide
  30-18  substantial care or personal supervision of the adult child;
  30-19              (3)  the financial resources available to both parents
  30-20  for the support, care, and supervision of the adult child; and
  30-21              (4)  any other financial resources or other resources
  30-22  or programs available for the support, care, and supervision of the
  30-23  adult child.
  30-24        (h)  An order under this section may contain provisions
  30-25  governing the rights and<, privileges,> duties<, and powers> of
  30-26  both parents with respect to the support of the child and may be
  30-27  modified or enforced in the same manner as any other order under
   31-1  this title.
   31-2        (l)  The court may render an order for the possession of or
   31-3  access to an adult disabled child that is appropriate under the
   31-4  circumstances.  Possession of or access to the adult disabled child
   31-5  is enforceable in the manner provided by Subchapter B, except that
   31-6  an adult disabled child may refuse possession or access if the
   31-7  adult disabled child is mentally competent.
   31-8        SECTION 22.  Section 14.053(b), Family Code, is amended to
   31-9  read as follows:
  31-10        (b)  Net Resources Defined.  "Net resources," for the purpose
  31-11  of determining child support liability, are 100 percent of all wage
  31-12  and salary income and other compensation for personal services
  31-13  (including commissions, overtime pay, tips, and bonuses), interest,
  31-14  dividends, royalty income, self-employment income (as described in
  31-15  Subsection (c) of this section), net rental income (defined as rent
  31-16  after deducting operating expenses and mortgage payments, but not
  31-17  including noncash items such as depreciation), and all other income
  31-18  actually being received, including but not limited to severance
  31-19  pay, retirement benefits, pensions, trust income, annuities,
  31-20  capital gains, social security benefits, unemployment benefits,
  31-21  disability and workers' compensation benefits, interest income from
  31-22  notes but not including return of principal or capital, accounts
  31-23  receivable regardless of the source, gifts and prizes, spousal
  31-24  maintenance, and alimony, less (subtracting) 100 percent of social
  31-25  security taxes, federal income tax withholding for a single person
  31-26  claiming one personal exemption and the standard deduction, state
  31-27  income tax, union dues, and expenses for health insurance coverage
   32-1  for the obligor's child.  Benefits paid pursuant to aid for
   32-2  families with dependent children and any other child support
   32-3  received from any source shall be disregarded in calculating net
   32-4  resources.
   32-5        SECTION 23.  Section 14.056, Family Code, is amended by
   32-6  adding Subsection (e) to read as follows:
   32-7        (e)  Financial Effects of Certain Actions.  The court may
   32-8  consider the financial implications of the following as factors
   32-9  that may justify a variance from the guidelines:
  32-10              (1)  the voluntary failure by the possessory
  32-11  conservator to exercise the conservator's visitation rights as
  32-12  provided by the court order; or
  32-13              (2)  the voluntary surrender by the managing
  32-14  conservator of the child for time substantially in excess of the
  32-15  amount of time provided for by the court order.
  32-16        SECTION 24.  Section 14.06(d), Family Code, is amended to
  32-17  read as follows:
  32-18        (d)  Terms of the agreement contained in an order or
  32-19  incorporated by reference in an order regarding conservatorship or
  32-20  support of or access to a child <set forth in the decree> may be
  32-21  enforced by all remedies available for enforcement of a judgment,
  32-22  including contempt, but are not enforceable as a contract <terms
  32-23  unless the agreement so provides>.
  32-24        SECTION 25.  Section 14.08(c), Family Code, is amended to
  32-25  read as follows:
  32-26        (c)  After a hearing, the court may modify an order or a
  32-27  portion of a decree that:
   33-1              (1)  designates a sole managing conservator if:
   33-2                    (A)  the circumstances of the child, sole
   33-3  managing conservator, possessory conservator, or other party
   33-4  affected by the order or decree have materially and substantially
   33-5  changed since the date of the rendition of the order or decree to
   33-6  be modified; <and>
   33-7                    (B)  the retention of the present sole managing
   33-8  conservator would be injurious to the welfare of the child; and
   33-9                    (C)  the appointment of the new sole managing
  33-10  conservator would be a positive improvement for the child; <or>
  33-11              (2)  provides for the support of a child if the
  33-12  circumstances of the child or a person affected by the order or
  33-13  portion of the decree to be modified have materially and
  33-14  substantially changed since the date of its rendition, except that
  33-15  a support order may be modified only as to obligations accruing
  33-16  after the earlier of the date of service of citation or an
  33-17  appearance on the motion to modify; <or>
  33-18              (3)  sets the terms and conditions for possession of or
  33-19  access to a child, or prescribes the relative rights, privileges,
  33-20  duties, and powers of conservators if:
  33-21                    (A)  the circumstances of the child or a person
  33-22  affected by the order or portion of the decree to be modified have
  33-23  materially and substantially changed since the date of rendition of
  33-24  the order or decree; <or>
  33-25                    (B)  the order or portion of the decree to be
  33-26  modified has become unworkable or inappropriate under existing
  33-27  circumstances; or
   34-1                    (C)  the notice required by Section 14.031 of
   34-2  this code was not given, or there was a change in a conservator's
   34-3  residence to a place outside the jurisdiction of the court.  If a
   34-4  change of residence results in increased expenses for any party
   34-5  having possession of or access to a child, the court may enter
   34-6  appropriate orders to allocate those increased costs on a fair and
   34-7  equitable basis, taking into account the cause of the increased
   34-8  costs and the best interest of the child.  The payment of increased
   34-9  costs by the party whose residence is changed is rebuttably
  34-10  presumed to be in the best interest of the child.  Such an order
  34-11  may be entered without regard to whether any other change in the
  34-12  terms and conditions of possession of or access to the child is
  34-13  made; <or>
  34-14              (4)  designates a sole managing conservator if the sole
  34-15  managing conservator has voluntarily relinquished possession and
  34-16  control of the child for a period of more than six months and the
  34-17  modification is in the best interest of the child; <or>
  34-18              (5)  designates a sole managing conservator if a parent
  34-19  of the child requests appointment as a joint managing conservator,
  34-20  and the court finds that:
  34-21                    (A)  the circumstances of the child or the sole
  34-22  managing conservator have materially and substantially changed
  34-23  since the rendition of the order or decree to be modified;
  34-24                    (B)  retention of a sole managing conservatorship
  34-25  would be detrimental to the welfare of the child; and
  34-26                    (C)  the appointment of the parent as a joint
  34-27  managing conservator would be a positive improvement for and in the
   35-1  best interest of the child; or
   35-2              (6)  designates a sole managing conservator if a child
   35-3  12 years of age or older has filed with the court in writing the
   35-4  name of the person who is the child's choice for managing
   35-5  conservator and the court finds that the appointment of the named
   35-6  person is in the best interest of the child.
   35-7        SECTION 26.  Section 14.081(d), Family Code, is amended to
   35-8  read as follows:
   35-9        (d)  After a hearing, on the motion of one or both of the
  35-10  joint managing conservators or on the court's own motion, a court
  35-11  may replace a joint managing conservatorship with a sole managing
  35-12  conservatorship if:
  35-13              (1)(A)  the child's present living environment may
  35-14  endanger the child's physical health or significantly impair the
  35-15  child's emotional development <welfare of the child is a matter of
  35-16  immediate and serious concern>;
  35-17                    (B)  there has been a substantial and unexcused
  35-18  violation of the terms and conditions established in the existing
  35-19  conservatorship decree; or
  35-20                    (C)  the circumstances of the child or of one or
  35-21  both of the joint managing conservators have so materially and
  35-22  substantially changed since the rendition of the decree that it has
  35-23  become unworkable or inappropriate under existing circumstances;
  35-24  and
  35-25              (2)  the appointment of a sole managing conservator
  35-26  would be a positive improvement for and in the best interest of the
  35-27  child.
   36-1        SECTION 27.  Section 14.30, Family Code, is amended by adding
   36-2  Subsection (f) to read as follows:
   36-3        (f)  Jurisdiction Extends Until Arrearages are Paid.  A court
   36-4  that enters an order providing for the payment of child support
   36-5  arrearages retains jurisdiction until the arrearages are paid in
   36-6  full as required by the court order.
   36-7        SECTION 28.  Section 14.314(b), Family Code, is amended to
   36-8  read as follows:
   36-9        (b)  Notice of Hearing, Personal Service.  Notice <Except as
  36-10  provided by Subsection (c) of this section, notice> of a motion
  36-11  seeking enforcement of an existing court order providing for child
  36-12  support, possession of, or access to a child shall be personally
  36-13  served on the respondent before the 10th day before the date of a
  36-14  hearing on the motion.
  36-15        SECTION 29.  Sections 14.317(b)-(e), Family Code, are amended
  36-16  to read as follows:
  36-17        (b)  <Personal Service Unsuccessful After Order to Provide
  36-18  Mailing Address.   The court shall issue a capias for the arrest of
  36-19  a party if:>
  36-20              <(1)  the party is allegedly in arrears in
  36-21  court-ordered child support payments;>
  36-22              <(2)  the party has been ordered under Section 11.155
  36-23  of this code to provide the clerk of the court with the party's
  36-24  current mailing address;>
  36-25              <(3)  the party did not appear at the hearing; and>
  36-26              <(4)  subsequently an attempt to serve notice of the
  36-27  hearing by personal service on the party has been unsuccessful
   37-1  despite diligent efforts to serve process at the latest address on
   37-2  file with the clerk and at any other address known to the moving
   37-3  party at which the respondent may be served.>
   37-4        <(c)>  No Notice.  The court may not adjudicate the party in
   37-5  contempt in absentia, nor may the court grant a default judgment
   37-6  against a party for any other relief sought in the absence of
   37-7  service of notice of the hearing or an answer or appearance by the
   37-8  party.
   37-9        (c) <(d)>  Duty of Law Enforcement Officials.  The capias
  37-10  shall be treated by law enforcement officials in the same manner as
  37-11  an arrest warrant for a criminal offense, including entry in a
  37-12  local police, sheriff's, or state computer record of outstanding
  37-13  warrants.
  37-14        (d) <(e)>  Capias Fee.  The fee for a capias issued under
  37-15  this section is the same as the fee for issuance of a writ under
  37-16  Section 51.317, Government Code.  The fee for service of a capias
  37-17  issued under this section is the same as the fee for service of a
  37-18  writ in civil cases generally.
  37-19        SECTION 30.  The heading of Section 14.34, Family Code, is
  37-20  amended to read as follows:
  37-21        Sec. 14.34.  ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
  37-22  SUPPORT.
  37-23        SECTION 31.  Section 14.34, Family Code, is amended by adding
  37-24  a new Subsection (c) and by amending existing Subsection (c) to
  37-25  read as follows:
  37-26        (c)  Interest accrues on a money judgment for retroactive or
  37-27  lump-sum child support at the rate of 12% simple interest per year
   38-1  from the date the order is rendered until the judgment is paid.
   38-2        (d) <(c)>  Interest that accrues as provided by this section
   38-3  is part of the child support obligation and may be collected by any
   38-4  means provided for the collection of child support.  An amount
   38-5  collected in excess of current support shall be applied, first, to
   38-6  interest and delinquent child support that has not been reduced to
   38-7  judgment under Section 14.41 <of this code> and, second, to
   38-8  interest and delinquent child support that has been reduced to
   38-9  judgment under Section 14.41 <of this code>.
  38-10        SECTION 32.  Section 14.43(q), Family Code, is amended to
  38-11  read as follows:
  38-12        (q)  Reduction or Termination of Withholding.  In any
  38-13  proceeding brought under Part D of Title IV of the federal Social
  38-14  Security Act, as amended (42 U.S.C. Section 651 et seq.), the
  38-15  attorney general shall establish procedures for the reduction in or
  38-16  termination of withholding from income on the liquidation of an
  38-17  arrearage or the termination of the obligation of support.  The
  38-18  procedures must provide that the payment of overdue support may not
  38-19  be used as the sole basis for terminating withholding.  If a court
  38-20  has rendered an order which reduces the amount of child support to
  38-21  be withheld <under this section> or terminates withholding for
  38-22  child support, any person or governmental entity may deliver to the
  38-23  employer a certified copy of the order without the requirement that
  38-24  the clerk of the court deliver the order.  If an obligor and
  38-25  obligee agree on a reduction or termination of child support, they
  38-26  may file a notarized request with the clerk of the court under
  38-27  Section 14.46.  The provisions of <Subsection (l) of> this section
   39-1  regarding the liability of an employer for withholding apply to an
   39-2  order or writ which reduces or terminates withholding.
   39-3        SECTION 33.  Section 14.44(a), Family Code, is amended to
   39-4  read as follows:
   39-5        (a)  Notice of Delinquency.  A notice of delinquency
   39-6  <proceeding> may be filed <initiated under this section> if a
   39-7  delinquency allegedly occurs in <any previously ordered> child
   39-8  support payments in an amount equal to or greater than the total
   39-9  support due for one month or <if> income withholding was not
  39-10  ordered at the time <periodic payments of> child support was <were>
  39-11  ordered.  The attorney general shall in any proceeding brought
  39-12  under Part D of Title IV of the federal Social Security Act (42
  39-13  U.S.C.  Section 651 et seq.), initiate a proceeding under this
  39-14  section on request of the obligor or obligee.  The attorney
  39-15  general, the attorney representing the local domestic relations
  39-16  office, the attorney appointed a friend of the court under Section
  39-17  14.91 of this code, or the obligee or a private attorney
  39-18  representing the obligee <custodial parent> may prepare and file
  39-19  with the court of continuing jurisdiction a verified notice of
  39-20  delinquency and deliver notice of delinquency to the obligor by
  39-21  hand delivery by a person designated by the attorney general or
  39-22  local domestic relations office or by first class or certified
  39-23  mail, return receipt requested, addressed to his last known address
  39-24  or place of employment.  Upon mailing or hand delivery of the
  39-25  notice, the attorney who filed the notice of delinquency shall file
  39-26  with the court a certificate stating the name, address, and date on
  39-27  which the mailing or hand delivery was made.  In the event that the
   40-1  notice of delinquency cannot be delivered in the manner described,
   40-2  the obligor may be served by the means prescribed for service of
   40-3  citation in civil cases generally.  Payment of overdue support
   40-4  after the receipt of a notice of delinquency may <shall> not be the
   40-5  sole basis for failure to issue and deliver a writ of withholding.
   40-6        SECTION 34.  Subchapter B, Chapter 14, Family Code, is
   40-7  amended by adding Section 14.46 to read as follows:
   40-8        Sec. 14.46.  VOLUNTARY WITHHOLDING BY OBLIGOR; VOLUNTARY
   40-9  REDUCTION OR TERMINATION OF WITHHOLDING.  (a)  An obligor may file
  40-10  with the clerk of the court a notarized request signed by the
  40-11  obligor and the obligee for the issuance and delivery to the
  40-12  obligor's employer of a writ of withholding.  A request may be
  40-13  filed under this subsection regardless of whether a notice of
  40-14  delinquency has been served on any party or of the existence or
  40-15  amount of an arrearage.
  40-16        (b)  An obligee or an agency providing child support services
  40-17  may file with the clerk of the court a notarized request signed by
  40-18  the obligee or agency, as appropriate, and by the obligor for the
  40-19  issuance and delivery to the obligor of a modified writ of
  40-20  withholding that reduces the amount of withholding or a notice of
  40-21  termination of withholding.
  40-22        (c)  On receipt of a request under Subsection (a) or (b), the
  40-23  clerk shall issue and deliver a writ of withholding, modified writ
  40-24  of withholding, or notice of termination of withholding in the
  40-25  manner provided by Section 14.45.  The clerk may charge:
  40-26              (1)  a fee for filing the request in the amount
  40-27  provided for filing a notice of delinquency; and
   41-1              (2)  a fee for issuing the writ or notice under Section
   41-2  14.45.
   41-3        (d)  An employer that receives a writ of withholding issued
   41-4  under this section may request a hearing in the same manner and
   41-5  according to the same terms provided by Section 14.43(j).
   41-6        (e)  An obligor whose employer receives a writ of withholding
   41-7  issued under this section may request a hearing in the manner
   41-8  provided by Section 14.44(e).
   41-9        (f)  An obligee may contest a writ of withholding, modified
  41-10  writ of withholding, or notice of termination issued under this
  41-11  section by requesting, not later than the 180th day after the date
  41-12  on which the obligee discovers that the writ or notice has been
  41-13  issued, a hearing in the manner provided by Section 14.44(e).
  41-14        (g)  A writ of withholding under this section may not reduce
  41-15  the total amount of child support, including arrearages, owed by
  41-16  the obligor.
  41-17        SECTION 35.  Section 14.50, Family Code, is amended by adding
  41-18  Subsection (f) to read as follows:
  41-19        (f)  Additional Periods of Possession or Access.  A court may
  41-20  order additional periods of possession of or access to a child to
  41-21  compensate for the denial of court-ordered possession or access.
  41-22        SECTION 36.  Section 14.52, Family Code, is amended to read
  41-23  as follows:
  41-24        Sec. 14.52.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  41-25  OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS.  (a)  A child support
  41-26  obligor who is <30 or> more than 30 days delinquent in paying child
  41-27  support and a business entity in which the obligor is a sole
   42-1  proprietor, partner, shareholder, or owner with an ownership
   42-2  interest of at least 25 percent is not eligible to:
   42-3              (1)  receive payments from state funds under <submit a
   42-4  bid or enter into> a contract to provide property, materials, or
   42-5  services <under a contract with the state>; or
   42-6              (2)  receive a state-funded grant or loan.
   42-7        (b)  <A sole proprietorship, partnership, corporation, or
   42-8  other entity in which a sole proprietor, partner, majority
   42-9  shareholder, or substantial owner is a delinquent obligor who is
  42-10  ineligible to bid on a state contract under Subsection (a)(1) of
  42-11  this section may not bid on a state contract as provided by this
  42-12  section.>
  42-13        <(c)>  A child support obligor or business entity ineligible
  42-14  to receive payments under Subsection (a) remains ineligible <to
  42-15  submit a bid on or enter into a state contract or apply for a
  42-16  state-funded grant or loan under Subsection (a) of this section>
  42-17  until:
  42-18              (1)  all arrearages have been paid; or
  42-19              (2)  the obligor is in compliance with a written
  42-20  repayment agreement or court order as to any existing delinquency.
  42-21        (c)  A bid or an application for a contract, grant, or loan
  42-22  paid from state funds must include the name and social security
  42-23  number of the individual or sole proprietor and each partner,
  42-24  shareholder, or owner with an ownership interest of at least 25
  42-25  percent of the business entity submitting the bid or application.
  42-26        (d)  An application for a state vendor identification number
  42-27  must contain the name and social security number of the individual
   43-1  or sole proprietor and each partner, shareholder, or owner with an
   43-2  ownership interest of at least 25 percent of the business entity
   43-3  submitting the application.  A holder of a state vendor
   43-4  identification number shall provide the name and social security
   43-5  number of the individual or sole proprietor and each partner,
   43-6  shareholder, or owner with an ownership interest of at least 25
   43-7  percent of the business entity holding the vendor identification
   43-8  number annually before the 10th day of September or at other times
   43-9  required by rules adopted by the attorney general.
  43-10        (e)  A contract, bid, or application subject to the
  43-11  requirements of this section must include the following statement:
  43-12        "Under Section 14.52, Family Code, the vendor or applicant
  43-13  certifies that the individual or business entity named in this
  43-14  contract, bid, or application is not ineligible to receive the
  43-15  specified grant, loan, or payment and acknowledges that this
  43-16  contract may be terminated and payment may be withheld if this
  43-17  certification is inaccurate."
  43-18        (f)  If the certificate required under Subsection (e) is
  43-19  shown to be false, the vendor is liable to the state for attorney's
  43-20  fees, the costs necessary to complete the contract, including the
  43-21  cost of advertising and awarding a second contract, and any other
  43-22  damages provided by law or contract.
  43-23        (g)  If a state agency determines that an individual or
  43-24  business entity holding a state contract is ineligible to receive
  43-25  payment under Subsection (a), the contract may be terminated.
  43-26        (h)  This section does not apply to a contract between
  43-27  governmental entities.
   44-1        <(d)  Each bidder for a state contract or applicant for a
   44-2  state-funded loan or grant under Subsection (a) of this section
   44-3  shall submit a signed, sworn statement accompanying any bid or
   44-4  application for a grant or loan affirming that the bidder or
   44-5  applicant is not 30 or more days delinquent in providing child
   44-6  support under a court order or a written repayment agreement.>
   44-7        (i) <(e)>  The attorney general <and the General Services
   44-8  Commission> may adopt rules or prescribe forms to implement any
   44-9  provision of this section.
  44-10        SECTION 37.  Chapter 14, Family Code, is amended by adding
  44-11  Subchapter C to read as follows:
  44-12           SUBCHAPTER C.  SUSPENSION OF LICENSE FOR FAILURE
  44-13                         TO PAY CHILD SUPPORT
  44-14        Sec. 14.601.  DEFINITIONS.  In this subchapter:
  44-15              (1)  "Child support agency" means:
  44-16                    (A)  the Title IV-D agency;
  44-17                    (B)  a county or district attorney or other
  44-18  county officer or agency that executes a cooperative agreement with
  44-19  the Title IV-D agency to provide child support services under Part
  44-20  D of Title IV of the federal Social Security Act (42 U.S.C. Section
  44-21  651 et seq.), and Chapter 76, Human Resources Code; or
  44-22                    (C)  a domestic relations office.
  44-23              (2)  "License" means a license, certificate,
  44-24  registration, permit, or other authorization, issued by a licensing
  44-25  authority and required by law or state agency rule, that a person
  44-26  must obtain to:
  44-27                    (A)  practice or engage in a particular business,
   45-1  occupation, or profession; or
   45-2                    (B)  operate a motor vehicle.
   45-3              (3)  "Licensing authority" means a department,
   45-4  commission, board, office, or other agency of the state or a
   45-5  political subdivision of the state that:
   45-6                    (A)  issues a license; and
   45-7                    (B)  has the authority to suspend, revoke,
   45-8  forfeit, or terminate a license before its date of expiration.
   45-9              (4)  "Order suspending license" means an order issued
  45-10  by the Title IV-D agency or a court directing a licensing authority
  45-11  to suspend a license.
  45-12              (5)  "Title IV-D agency" means the state agency
  45-13  designated under Chapter 76, Human Resources Code, to provide
  45-14  services under the federal Social Security Act (42 U.S.C. Section
  45-15  651 et seq.).
  45-16              (6)  "Title IV-D case" means an action to establish or
  45-17  enforce a child support obligation filed in a court, administrative
  45-18  agency, or quasi-judicial entity of this or another state brought
  45-19  under the federal Social Security Act (42 U.S.C. Section 651 et
  45-20  seq.).
  45-21        Sec. 14.602.  LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
  45-22  The following state agencies are licensing authorities subject to
  45-23  this subchapter:
  45-24              (1)  Department of Agriculture;
  45-25              (2)  Texas Commission on Alcohol and Drug Abuse;
  45-26              (3)  Texas Alcoholic Beverage Commission;
  45-27              (4)  Texas Appraiser Licensing and Certification Board;
   46-1              (5)  Texas Board of Architectural Examiners;
   46-2              (6)  State Board of Barber Examiners;
   46-3              (7)  Texas Board of Chiropractic Examiners;
   46-4              (8)  Comptroller of Public Accounts;
   46-5              (9)  Texas Cosmetology Commission;
   46-6              (10)  Court Reporters Certification Board;
   46-7              (11)  State Board of Dental Examiners, if the 74th
   46-8  Legislature, at its regular session, enacts legislation that
   46-9  becomes law authorizing a state agency to regulate the practice of
  46-10  dentistry;
  46-11              (12)  Texas State Board of Examiners of Dietitians;
  46-12              (13)  Texas Funeral Service Commission;
  46-13              (14)  Texas Department of Health;
  46-14              (15)  Texas Board of Professional Land Surveying;
  46-15              (16)  Texas Department of Licensing and Regulation;
  46-16              (17)  Texas State Board of Examiners of Marriage and
  46-17  Family Therapists;
  46-18              (18)  Texas State Board of Medical Examiners;
  46-19              (19)  Midwifery Board;
  46-20              (20)  Texas Natural Resource Conservation Commission;
  46-21              (21)  Board of Nurse Examiners;
  46-22              (22)  Texas Board of Nursing Facility Administrators;
  46-23              (23)  Texas Board of Occupational Therapy Examiners;
  46-24              (24)  Texas Optometry Board;
  46-25              (25)  Parks and Wildlife Department;
  46-26              (26)  Texas State Board of Examiners of Perfusionists;
  46-27              (27)  Texas State Board of Pharmacy;
   47-1              (28)  Texas Board of Physical Therapy Examiners;
   47-2              (29)  Texas State Board of Plumbing Examiners;
   47-3              (30)  Texas State Board of Podiatry Examiners;
   47-4              (31)  Polygraph Examiners Board;
   47-5              (32)  Texas Board of Private Investigators and Private
   47-6  Security Agencies;
   47-7              (33)  Texas State Board of Examiners of Professional
   47-8  Counselors;
   47-9              (34)  State Board of Registration for Professional
  47-10  Engineers;
  47-11              (35)  Department of Protective and Regulatory Services;
  47-12              (36)  Texas State Board of Examiners of Psychologists;
  47-13              (37)  Texas State Board of Public Accountancy;
  47-14              (38)  Department of Public Safety of the State of
  47-15  Texas;
  47-16              (39)  Public Utility Commission of Texas;
  47-17              (40)  Railroad Commission of Texas;
  47-18              (41)  Texas Real Estate Commission;
  47-19              (42)  State Securities Board;
  47-20              (43)  Texas State Board of Social Worker Examiners;
  47-21              (44)  State Board of Examiners for Speech-Language
  47-22  Pathology and Audiology;
  47-23              (45)  Texas Structural Pest Control Board;
  47-24              (46)  Board of Tax Professional Examiners;
  47-25              (47)  Secretary of State;
  47-26              (48)  Supreme Court;
  47-27              (49)  Texas Transportation Commission;
   48-1              (50)  State Board of Veterinary Medical Examiners; and
   48-2              (51)  Board of Vocational Nurse Examiners.
   48-3        Sec. 14.603.  SUSPENSION OF LICENSE.  A court or
   48-4  administrative agency shall issue an order suspending a license as
   48-5  provided by this subchapter for an obligor who:
   48-6              (1)  is shown to have for not less than 90 days an
   48-7  arrearage under a child support order in excess of the support
   48-8  required to be paid; and
   48-9              (2)  is not in compliance with a repayment schedule.
  48-10        Sec. 14.604.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
  48-11  child support agency or obligee may file a petition to suspend a
  48-12  license in the court of continuing jurisdiction or the court in
  48-13  which a child support order has been registered under Chapter 21.
  48-14        (b)  In a Title IV-D case, the petition shall be filed with
  48-15  the Title IV-D agency.
  48-16        (c)  The proceedings under this subchapter are governed by
  48-17  the contested case provisions under Chapter 2001, Government Code.
  48-18        Sec. 14.605.  CONTENTS OF PETITION.  (a)  A petition under
  48-19  this subchapter must allege:
  48-20              (1)  the name and, if known, social security number of
  48-21  the obligor;
  48-22              (2)  the type of license the obligor is believed to
  48-23  hold and the name of the licensing authority; and
  48-24              (3)  the amount owed under the child support order, the
  48-25  amount of support paid, and the amount of arrearages.
  48-26        (b)  A petition under this subchapter may include as an
  48-27  attachment a copy of the record of child support payments
   49-1  maintained by the Title IV-D registry or local registry.
   49-2        Sec. 14.606.  NOTICE.  (a)  On the filing of a petition under
   49-3  Section 14.603, the court or Title IV-D agency shall issue to the
   49-4  obligor:
   49-5              (1)  notice of the obligor's right to a hearing before
   49-6  the court or agency;
   49-7              (2)  notice of the deadline for requesting a hearing;
   49-8  and
   49-9              (3)  a hearing request form if the proceeding is in a
  49-10  Title IV-D case.
  49-11        (b)  Notice under this section may be served as in civil
  49-12  cases generally.
  49-13        (c)  The notice must state that an order suspending license
  49-14  shall be rendered on the 60th day after the date of service of the
  49-15  notice unless by that date:
  49-16              (1)  the court or Title IV-D agency receives proof that
  49-17  all arrearages and the current month's child support obligation
  49-18  have been paid;
  49-19              (2)  the child support agency or obligee files a
  49-20  certification that the obligor is in compliance with a reasonable
  49-21  repayment schedule; or
  49-22              (3)  the obligor appears at a hearing before the court
  49-23  or Title IV-D agency and shows that the request for suspension
  49-24  should be denied or stayed.
  49-25        Sec. 14.607.  HEARING ON PETITION TO SUSPEND LICENSE.  (a)  A
  49-26  request for a hearing and motion to stay suspension must be filed
  49-27  with the court or Title IV-D agency by the obligor not later than
   50-1  the 20th day after the date of service of the notice under Section
   50-2  14.606.
   50-3        (b)  If a request for a hearing is filed, the court or Title
   50-4  IV-D agency shall:
   50-5              (1)  promptly schedule a hearing;
   50-6              (2)  notify each party of the date, time, and location
   50-7  of the hearing; and
   50-8              (3)  stay suspension pending the hearing.
   50-9        (c)  A record of child support payments made by the Title
  50-10  IV-D agency or a local registry is evidence of whether the payments
  50-11  were made.  A copy of the record appearing regular on its face
  50-12  shall be admitted as evidence at a hearing under this subchapter,
  50-13  including a hearing on a motion to revoke a stay.  Either party may
  50-14  offer controverting evidence.
  50-15        Sec. 14.608.  ORDER SUSPENDING LICENSE.  (a)  The court or
  50-16  Title IV-D agency shall render a final order suspending license
  50-17  unless the court or agency finds that:
  50-18              (1)  all arrearages and the current month's child
  50-19  support have been paid;
  50-20              (2)  the obligor did not, at the time the petition was
  50-21  served, have an arrearage in excess of the amount of child support
  50-22  payable under a child support order for 90 days or more; or
  50-23              (3)  the obligor, at the time the petition was filed,
  50-24  was in compliance with a repayment schedule.
  50-25        (b)  If the obligor has entered into a reasonable repayment
  50-26  plan, the court or Title IV-D agency may render an order suspending
  50-27  license with a stay of the suspension conditioned on the obligor's
   51-1  compliance.  An order suspending license with a stay of suspension
   51-2  may not be served on the licensing authority while the obligor is
   51-3  in compliance with the repayment plan.
   51-4        (c)  A final order suspending license rendered by a court or
   51-5  the Title IV-D agency shall be forwarded to the appropriate
   51-6  licensing authority.
   51-7        (d)  If the court or Title IV-D agency renders an order
   51-8  suspending license, the obligor may also be ordered not to engage
   51-9  in the licensed activity.
  51-10        (e)  If the court or Title IV-D agency finds that the
  51-11  petition for suspension should be denied, the petition shall be
  51-12  dismissed without prejudice, and an order suspending license may
  51-13  not be rendered.
  51-14        Sec. 14.609.  DEFAULT ORDER.  The court or Title IV-D agency
  51-15  shall consider the allegations of the petition for suspension to be
  51-16  admitted and shall render an order suspending license if the
  51-17  obligor fails to:
  51-18              (1)  respond to a notice issued under Section 14.606;
  51-19              (2)  request a hearing; or
  51-20              (3)  appear at a hearing.
  51-21        Sec. 14.610.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An order
  51-22  issued by a Title IV-D agency under this subchapter is a final
  51-23  agency decision and is subject to review under the substantial
  51-24  evidence rule as provided by Chapter 2001, Government Code.
  51-25        Sec. 14.611.  ACTION BY LICENSING AUTHORITY.  (a)  On receipt
  51-26  of a final order suspending license, the licensing authority shall
  51-27  immediately determine if the authority has issued a license to the
   52-1  obligor named on the order and, if a license has been issued:
   52-2              (1)  record the suspension of the license in the
   52-3  licensing authority's records;
   52-4              (2)  report the suspension as appropriate; and
   52-5              (3)  demand surrender of the suspended license if
   52-6  required by law for other cases in which a license is suspended.
   52-7        (b)  A licensing authority shall implement the terms of a
   52-8  final order suspending license without additional review or
   52-9  hearing.  The authority may provide notice as appropriate to the
  52-10  license holder or to others concerned with the license.
  52-11        (c)  A licensing authority may not modify, remand, reverse,
  52-12  vacate, or stay an order suspending license issued under this
  52-13  subchapter and may not review, vacate, or reconsider the terms of a
  52-14  final order suspending license.
  52-15        (d)  An obligor who is the subject of a final order
  52-16  suspending license is not entitled to a refund for any fee or
  52-17  deposit paid to the licensing authority.
  52-18        (e)  An obligor who continues to engage in the business,
  52-19  occupation, profession, or other licensed activity after the
  52-20  implementation of the order suspending license by the licensing
  52-21  authority is liable for the same civil and criminal penalties
  52-22  provided for engaging in the licensed activity without a license or
  52-23  while a license is suspended.
  52-24        (f)  A licensing authority is exempt from liability to a
  52-25  license holder for any act authorized under this subchapter
  52-26  performed by the authority.
  52-27        (g)  Except as provided by this subchapter, an order
   53-1  suspending license or dismissing a petition for the suspension of a
   53-2  license does not affect the power of a licensing authority to
   53-3  grant, deny, suspend, revoke, terminate, or renew a license.
   53-4        (h)  The denial or suspension of a driver's license under
   53-5  this subchapter is governed by this subchapter and not by the
   53-6  general licensing provisions of Chapter 173, Acts of the 47th
   53-7  Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
   53-8  Civil Statutes).
   53-9        Sec. 14.612.  MOTION TO REVOKE STAY.  (a)  The obligee,
  53-10  support enforcement agency, court, or Title IV-D agency may file a
  53-11  motion to revoke the stay of an order suspending license if the
  53-12  obligor does not comply with the terms of a reasonable repayment
  53-13  plan entered into by the obligor.
  53-14        (b)  Notice to the obligor of a motion to revoke stay under
  53-15  this section may be given by personal service or by mail to the
  53-16  address provided by the obligor, if any, in the order suspending
  53-17  license.  The notice must include a notice of hearing.  The notice
  53-18  must be provided to the obligor not less than 10 days before the
  53-19  date of the hearing.
  53-20        (c)  A motion to revoke stay must allege the manner in which
  53-21  the obligor failed to comply with the repayment plan.
  53-22        (d)  If the court or Title IV-D agency finds that the obligor
  53-23  is not in compliance with the terms of the repayment plan, the
  53-24  court or agency shall revoke the stay of the order suspending
  53-25  license and render a final order suspending license.
  53-26        Sec. 14.613.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
  53-27  (a)  The court or Title IV-D agency may render an order vacating or
   54-1  staying an order suspending license if the obligor has paid all
   54-2  delinquent child support or has established a satisfactory payment
   54-3  record.
   54-4        (b)  The court or Title IV-D agency shall promptly deliver an
   54-5  order vacating or staying an order suspending license to the
   54-6  appropriate licensing authority.
   54-7        (c)  On receipt of an order vacating or staying an order
   54-8  suspending license, the licensing authority shall promptly issue
   54-9  the affected license to the obligor if the obligor is otherwise
  54-10  qualified for the license.
  54-11        (d)  An order rendered under this section does not affect the
  54-12  right of the child support agency or obligee to any other remedy
  54-13  provided by law, including the right to seek relief under this
  54-14  subchapter.  An order rendered under this section does not affect
  54-15  the power of a licensing authority to grant, deny, suspend, revoke,
  54-16  terminate, or renew a license as otherwise provided by law.
  54-17        Sec. 14.614.  FEE BY LICENSING AUTHORITY.  A licensing
  54-18  authority may charge a fee to an obligor who is the subject of an
  54-19  order suspending license in an amount sufficient to recover the
  54-20  administrative costs incurred by the authority under this
  54-21  subchapter.
  54-22        Sec. 14.615.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
  54-23  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
  54-24  each licensing authority the name, address, social security number,
  54-25  license renewal date, and other identifying information for each
  54-26  individual who holds, applies for, or renews a license issued by
  54-27  the authority.
   55-1        (b)  A licensing authority shall provide the requested
   55-2  information in the manner agreed to by the Title IV-D agency and
   55-3  the licensing authority.
   55-4        (c)  The Title IV-D agency may enter into a cooperative
   55-5  agreement with a licensing authority to administer this subchapter
   55-6  in a cost-effective manner.
   55-7        (d)  The Title IV-D agency may adopt a reasonable
   55-8  implementation schedule for the requirements of this section.
   55-9        Sec. 14.616.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
  55-10  agency by rule shall prescribe forms and procedures for the
  55-11  implementation of this subchapter.
  55-12        SECTION 38.  Section 15.024(a), Family Code, is amended to
  55-13  read as follows:
  55-14        (a)  A petition by the <Texas> Department of Protective and
  55-15  Regulatory <Human> Services requesting termination of the
  55-16  parent-child relationship with respect to a parent who is not the
  55-17  petitioner may be granted if the court finds that:
  55-18              (1)  the parent has a mental or emotional illness or a
  55-19  mental deficiency that renders the parent unable to provide for the
  55-20  physical, emotional, and mental needs of the child, and the illness
  55-21  or deficiency, in all reasonable probability, proved by clear and
  55-22  convincing evidence, renders the parent unable to provide for those
  55-23  needs from the time of the court's finding until the 18th birthday
  55-24  of the child;
  55-25              (2)  the department has been the temporary or permanent
  55-26  managing conservator of the child of the parent for the six months
  55-27  preceding the filing of the petition; and
   56-1              (3)  the termination is in the best interest of the
   56-2  child.
   56-3        SECTION 39.  Section 16.031(b), Family Code, is amended to
   56-4  read as follows:
   56-5        (b)  The court shall set the date for the hearing on the
   56-6  adoption at a time not later than 60 days, nor earlier than 40
   56-7  days, after the date on which the investigator is appointed.  For
   56-8  good cause shown, the court may set the hearing for <at> any date
   56-9  after the date <time that provides adequate time for filing> the
  56-10  report is filed <of the study>.
  56-11        SECTION 40.  Section 16.081, Family Code, is amended to read
  56-12  as follows:
  56-13        Sec. 16.081.  Race or Ethnicity.  (a)  In determining the
  56-14  best interest of the child under Section 16.08 of this code, the
  56-15  court may not deny or delay the adoption or otherwise discriminate
  56-16  on the basis of race or ethnicity of the child or the prospective
  56-17  adoptive parents.
  56-18        (b)  This section does not apply to a person, entity, tribe,
  56-19  organization, or child custody proceeding subject to the Indian
  56-20  Child Welfare Act (25 U.S.C.  Sections 1901-1963).  In this
  56-21  subsection, "child custody proceeding" has the meaning provided by
  56-22  25 U.S.C. Section 1903.
  56-23        SECTION 41.  Section 17.03(h), Family Code, is amended to
  56-24  read as follows:
  56-25        (h)  When a child is taken into possession under this
  56-26  section, that child may <shall> not be held in isolation or in a
  56-27  jail or juvenile detention facility.  The child may not be placed
   57-1  in a facility where the child can see or be seen by or hear or be
   57-2  heard by a child who has been adjudicated as a child who engaged in
   57-3  delinquent conduct or conduct indicating a need for supervision
   57-4  under Title 3.
   57-5        SECTION 42.  Section 33.01, Family Code, is amended to read
   57-6  as follows:
   57-7        Sec. 33.01.  Liability.  A parent or managing conservator
   57-8  with whom the child resides <other person> who has the duty of
   57-9  control and reasonable discipline of a child who has not had the
  57-10  child's disabilities of minority for general purposes removed is
  57-11  liable for any property damage or medical costs resulting from a
  57-12  personal injury, death, or other harm proximately caused by:
  57-13              (1)  the negligent conduct of the child if the conduct
  57-14  is reasonably attributable to the negligent failure of the parent
  57-15  or other person to exercise that duty; or
  57-16              (2)  the wilful and malicious conduct of a child who is
  57-17  at least 12 years of age but under 18 years of age.
  57-18        SECTION 43.  Section 34.031, Family Code, is amended to read
  57-19  as follows:
  57-20        Sec. 34.031.  False Report.  <(a)>  A person commits an
  57-21  offense if the person knowingly or intentionally makes a report
  57-22  under this chapter that the person knows lacks factual foundation.
  57-23  An offense under this subsection is a Class B misdemeanor.
  57-24        <(b)  If, in connection with a pending suit affecting the
  57-25  parent-child relationship, one parent of a child makes a report
  57-26  alleging child abuse by the other parent that the parent making the
  57-27  report knows lacks factual foundation, the report shall be deemed a
   58-1  knowingly false report.  Evidence of a false report shall be
   58-2  admissible in any suit between the parents involving terms of
   58-3  conservatorship.>
   58-4        SECTION 44.  Chapter 34, Family Code, is amended by adding
   58-5  Subchapter E to read as follows:
   58-6              SUBCHAPTER E.  CHILDREN'S ADVOCACY CENTERS
   58-7        Sec. 34.701.  DEFINITION.  In this subchapter, "center" means
   58-8  a children's advocacy center.
   58-9        Sec. 34.702.  ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
  58-10  (a)  On the execution of a memorandum of understanding under
  58-11  Section 34.703, a children's advocacy center may be established by
  58-12  the participating entities.
  58-13        (b)  A center may be established to serve two or more
  58-14  contiguous counties.
  58-15        Sec. 34.703.  INTERAGENCY MEMORANDUM OF UNDERSTANDING.  (a)
  58-16  Before a center may be established under Section 34.702, a
  58-17  memorandum of understanding regarding participation in operation of
  58-18  the center must be executed among:
  58-19              (1)  the division of the Department of Protective and
  58-20  Regulatory Services responsible for child abuse investigations;
  58-21              (2)  representatives of county and municipal law
  58-22  enforcement agencies that investigate child abuse in the area to be
  58-23  served by the center;
  58-24              (3)  the county or district attorney who routinely
  58-25  prosecutes child abuse cases in the area to be served by the
  58-26  center; and
  58-27              (4)  a representative of any other governmental entity
   59-1  that participates in child abuse investigations or offers services
   59-2  to child abuse victims that desires to participate in the operation
   59-3  of the center.
   59-4        (b)  A memorandum of understanding executed under this
   59-5  section shall include the agreement of each participating entity to
   59-6  cooperate in:
   59-7              (1)  developing a cooperative, team approach to
   59-8  investigating child abuse;
   59-9              (2)  reducing, to the greatest extent possible, the
  59-10  number of interviews required of a victim of child abuse to
  59-11  minimize the negative impact of the investigation on the child; and
  59-12              (3)  developing, maintaining, and supporting, through
  59-13  the center, an environment that emphasizes the best interests of
  59-14  children and that provides investigatory and rehabilitative
  59-15  services.
  59-16        (c)  A memorandum of understanding executed under this
  59-17  section may include the agreement of one or more participating
  59-18  entities to provide office space and administrative services
  59-19  necessary for the center's operation.
  59-20        Sec. 34.704.  BOARD; ADMINISTRATION OF CENTER.  (a)  The
  59-21  executive officer or board of each participating entity executing a
  59-22  memorandum of understanding that establishes a center under this
  59-23  subchapter shall appoint a member to serve on the governing board
  59-24  of the center.
  59-25        (b)  A governing board member serves at the pleasure of the
  59-26  appointing executive officer or board.
  59-27        (c)  Service on a center's board by a public officer or
   60-1  employee is an additional duty of the office or employment.
   60-2        Sec. 34.705.  DUTIES.  A center shall:
   60-3              (1)  assess victims of child abuse and their families
   60-4  to determine their need for services relating to the investigation
   60-5  of child abuse;
   60-6              (2)  provide services determined to be needed under
   60-7  Subdivision (1);
   60-8              (3)  provide a facility at which a multidisciplinary
   60-9  team appointed under Section 34.706 can meet to facilitate the
  60-10  efficient and appropriate disposition of child abuse cases through
  60-11  the civil and criminal justice systems; and
  60-12              (4)  coordinate the activities of governmental entities
  60-13  relating to child abuse investigations and delivery of services to
  60-14  child abuse victims and their families.
  60-15        Sec. 34.706.  MULTIDISCIPLINARY TEAM.  (a)  A center's board
  60-16  shall appoint a multidisciplinary team to work within the center to
  60-17  review new and pending child abuse cases for the purpose of
  60-18  coordinating the activities of entities involved in investigation,
  60-19  prosecution, and victim services.
  60-20        (b)  A multidisciplinary team may review a child abuse case
  60-21  in which the alleged perpetrator does not have custodial control or
  60-22  supervision of the child or is not responsible for the child's
  60-23  welfare or care.
  60-24        (c)  A multidisciplinary team shall consist of persons who
  60-25  are involved in the investigation or prosecution of child abuse
  60-26  cases or the delivery of services to child abuse victims and their
  60-27  families.
   61-1        (d)  A multidisciplinary team shall meet at the call of the
   61-2  board.  The board shall call a meeting of the multidisciplinary
   61-3  team if:
   61-4              (1)  a new child abuse case is received; or
   61-5              (2)  a pending child abuse case requires attention.
   61-6        (e)  At each meeting, the multidisciplinary team shall
   61-7  discuss each active case and the actions of the entities involved
   61-8  in investigation, prosecution, and victim services.
   61-9        Sec. 34.707.  LIABILITY.  (a)  A person is not liable for
  61-10  civil damages for a recommendation made or an opinion rendered in
  61-11  good faith while acting in the official scope of the person's
  61-12  duties as a member of a multidisciplinary team or as a board
  61-13  member, staff member, or volunteer of a center.
  61-14        (b)  The limitation on civil liability of Subsection (a) does
  61-15  not apply if a person's actions constitute gross negligence.
  61-16        SECTION 45.  Section 35.01, Family Code, is amended by
  61-17  amending Subsection (a) and by adding Subsection (d) to read as
  61-18  follows:
  61-19        (a)  Any of the following persons may consent to medical
  61-20  treatment of a minor when the person having the power to consent as
  61-21  otherwise provided by law cannot be contacted and actual notice to
  61-22  the contrary has not been given by that person:
  61-23              (1)  a grandparent;
  61-24              (2)  an adult brother or sister;
  61-25              (3)  an adult aunt or uncle;
  61-26              (4)  an educational institution in which the minor is
  61-27  enrolled that has received written authorization to consent from
   62-1  the person having the power to consent as otherwise provided by
   62-2  law;
   62-3              (5)  any adult who has care and control of the minor
   62-4  and has written authorization to consent from the person having the
   62-5  power to consent as otherwise provided by law;
   62-6              (6)  any court having jurisdiction of the child; <or>
   62-7              (7)  any adult responsible for the care and control of
   62-8  a minor under the jurisdiction of a juvenile court or committed by
   62-9  a juvenile court to the care of an agency of the state or county,
  62-10  if the adult has reasonable grounds to believe the minor is in need
  62-11  of immediate medical treatment; or
  62-12              (8)  a peace officer who has lawfully taken custody of
  62-13  a minor, if the peace officer has reasonable grounds to believe the
  62-14  minor is in need of immediate medical treatment.  <The person
  62-15  giving consent, a physician or dentist licensed to practice
  62-16  medicine or dentistry in this state, or a hospital or medical
  62-17  facility shall not be liable for the examination and treatment of a
  62-18  minor under this subsection except for his or her own acts of
  62-19  negligence.>
  62-20        (d)  A person giving consent to medical treatment under
  62-21  Subdivision (7) or (8) of Subsection (a), a physician or dentist
  62-22  licensed to practice in this state, or a hospital or medical
  62-23  facility at which a minor is treated is immune from liability for
  62-24  damages resulting from the examination or treatment of a minor
  62-25  under this section, except to the extent of the person's own acts
  62-26  of negligence.
  62-27        SECTION 46.  Sections 49.005(b)-(e), Human Resources Code,
   63-1  are amended to read as follows:
   63-2        (b)  <The clerk of the court in which an adoption is granted
   63-3  shall, on or before the 10th day of the first month after the month
   63-4  in which the adoption is granted, transmit to the administrator of
   63-5  the central registry a report of adoption with respect to each
   63-6  adoption granted on or after January 1, 1984.  The report must
   63-7  include the following information:>
   63-8              <(1)  the name of the adopted child after adoption as
   63-9  shown in the final adoption decree;>
  63-10              <(2)  the birth date of the adopted child;>
  63-11              <(3)  the docket number of the adoption suit;>
  63-12              <(4)  the identity of the court granting the adoption;>
  63-13              <(5)  the date of the final adoption decree;>
  63-14              <(6)  the name and address of each parent, guardian,
  63-15  managing conservator, or other person whose consent to adoption was
  63-16  required or waived under Section 16.05, Family Code, or whose
  63-17  parental rights were terminated in the adoption suit;>
  63-18              <(7)  the identity of the authorized agency, if any,
  63-19  through which the adopted child was placed for adoption; and>
  63-20              <(8)  the identity, address, and telephone number of
  63-21  the registry through which the adopted child may register as an
  63-22  adoptee.>
  63-23        <(c)>  An authorized agency not required by Section 49.003(c)
  63-24  <of this code> to file a report may file with the administrator of
  63-25  the central registry a report of adoption with respect to any
  63-26  person adopted during minority before January 1, 1984.  The report
  63-27  may include:
   64-1              (1)  the name of the adopted child as shown in the
   64-2  final adoption decree;
   64-3              (2)  the birth date of the adopted child;
   64-4              (3)  the docket number of the adoption suit;
   64-5              (4)  the identity of the court granting the adoption;
   64-6              (5)  the date of the final adoption decree;
   64-7              (6)  the identity of the agency, if any, through which
   64-8  the adopted child was placed;
   64-9              (7)  the identity, address, and telephone number of the
  64-10  registry through which the adopted child may register as an
  64-11  adoptee.
  64-12        (c) <(d)>  Upon inquiry by an adoptee who has provided
  64-13  satisfactory proof of age and identity and paid all required
  64-14  inquiry fees, the administrator of the central registry shall
  64-15  review the information on file in the central index.  If the index
  64-16  reveals that the adoptee was not placed for adoption through an
  64-17  authorized agency, the administrator of the central registry shall
  64-18  issue the adoptee an official certificate stating that the adoptee
  64-19  is entitled to apply for registration through the central registry.
  64-20  If the index identifies an authorized agency through which the
  64-21  adoptee was placed for adoption, the administrator of the central
  64-22  registry shall determine the identity of the registry through which
  64-23  the adoptee may register.  If the administrator of the central
  64-24  registry cannot determine from the index whether or not the adoptee
  64-25  was placed for adoption through an authorized agency, the
  64-26  administrator of the central registry shall determine the identity
  64-27  of the registry with which the adoptee may register.  Each
   65-1  administrator shall, within 30 days after receiving an inquiry from
   65-2  the administrator of the central registry, respond in writing to
   65-3  the inquiry that the registrant was not placed for adoption by any
   65-4  agency served by that registry or that the registrant was placed
   65-5  for adoption by an agency served by that registry.  If the
   65-6  registrant was placed for adoption by an agency served by the
   65-7  registry, the administrator shall file a report with the
   65-8  administrator of the central registry including the information
   65-9  described by Subdivisions (1) through (6) of Subsection (b) <(c) of
  65-10  this section>.  After completing his investigation, the
  65-11  administrator of the central registry shall issue an official
  65-12  certificate stating:
  65-13              (1)  the identity of the registry through which the
  65-14  adoptee may apply for registration, if known; or
  65-15              (2)  if the administrator cannot make a conclusive
  65-16  determination, that the adoptee is entitled to apply for
  65-17  registration through the central registry and is entitled to apply
  65-18  for registration through other registries created under this
  65-19  chapter.
  65-20        (d) <(e)>  Upon inquiry by a birth parent who has provided
  65-21  satisfactory proof of identity and age, and paid all required
  65-22  inquiry fees, the administrator of the central registry shall
  65-23  review the information on file in the central index and consult
  65-24  with the administrators of other registries in the state in order
  65-25  to determine the identity of the appropriate registry or registries
  65-26  through which the birth parent may register.  Each administrator
  65-27  shall, within 30 days after receiving an inquiry from the
   66-1  administrator of the central registry, respond in writing to the
   66-2  inquiry.  After completing his investigation, the administrator of
   66-3  the central registry shall provide the birth parent with a written
   66-4  statement either identifying the name, address, and telephone
   66-5  number of each registry through which registration would be
   66-6  appropriate or stating that after diligent inquiry the
   66-7  administrator cannot determine the specific registry or registries
   66-8  through which registration would be appropriate.
   66-9        SECTION 47.  The heading for Chapter 77, Human Resources
  66-10  Code, is amended to read as follows:
  66-11        CHAPTER 77.  CHILD SUPPORT COLLECTION SERVICES <PARENT>
  66-12                           <LOCATOR SERVICE>
  66-13        SECTION 48.  Chapter 77, Human Resources Code, is amended by
  66-14  adding Section 77.002 to read as follows:
  66-15        Sec. 77.002.  INFORMATION RELATING TO LICENSES, GRANTS,
  66-16  LOANS, PERMITS, OR STATE CONTRACTS.  (a)  To assist in the
  66-17  administration of laws relating to child support enforcement under
  66-18  Parts A and D of Title IV of the federal Social Security Act (42
  66-19  U.S.C. Sections 601-617 and 651-669):
  66-20              (1)  each licensing authority shall request and each
  66-21  applicant for a license shall provide the applicant's social
  66-22  security number;
  66-23              (2)  each agency administering a contract that provides
  66-24  for a payment of state funds shall request and each individual or
  66-25  entity bidding on a state contract shall provide the individual's
  66-26  or entity's social security number as required by Section 14.52,
  66-27  Family Code; and
   67-1              (3)  each agency administering a state-funded grant or
   67-2  loan program shall request and each applicant for a grant or loan
   67-3  shall provide the applicant's social security number as required by
   67-4  Section 14.52, Family Code.
   67-5        (b)  This section does not limit the right of an agency or
   67-6  licensing authority to collect and use a social security number
   67-7  under another provision of law.
   67-8        (c)  Except as provided by Subsection (b), a social security
   67-9  number provided under this section is confidential and may be
  67-10  disclosed only for the purposes of responding to a request for
  67-11  information from an agency operating under the provisions of Parts
  67-12  A and D of Title IV of the federal Social Security Act (42 U.S.C.
  67-13  Sections 601-617 and 651-669).
  67-14        (d)  Information collected by the Title IV-D agency under
  67-15  this section may be used only for child support purposes.
  67-16        (e)  Information relating to a license held by an obligor is
  67-17  considered asset information for purposes of the parent locator
  67-18  service regardless of whether the license is related to an income
  67-19  producing activity.
  67-20        (f)  In this section "license" and "licensing authority" have
  67-21  the meanings assigned to those terms by Section 14.601, Family
  67-22  Code.
  67-23        SECTION 49.  Section 192.003, Health and Safety Code, is
  67-24  amended by amending Subsection (d), as added by Section 1, Chapter
  67-25  519, Acts of the 73rd Legislature, Regular Session, 1993, and
  67-26  Subsections (e) and (f) to read as follows:
  67-27        (e)  If the mother of the child is not married to the father
   68-1  of the child, a person listed by Subsection (a) or (b) who is
   68-2  responsible for filing the birth certificate shall <(d)  On the
   68-3  birth of a child, the hospital, physician, midwife, or person
   68-4  acting as a midwife in attendance or their designee at a birth
   68-5  may>:
   68-6              (1)  provide an opportunity for the child's mother and
   68-7  biological father to sign the birth certificate or a form
   68-8  prescribed by the department in which the biological father
   68-9  consents to be named as the child's father on the child's birth
  68-10  certificate; and
  68-11              (2)  provide written information about establishing
  68-12  paternity, including an explanation of the rights and
  68-13  responsibilities of acknowledging paternity and information about
  68-14  the availability of<, including an application for> child support
  68-15  services, <furnished by the attorney general,> to the child's
  68-16  mother and the father, if present <regarding the benefits of having
  68-17  her child's paternity established and of the availability of
  68-18  paternity establishment services>.
  68-19        (f) <(e)>  The local registrar shall transmit signed consent
  68-20  forms to the state registrar.
  68-21        (g) <(f)>  The state registrar shall transmit signed consent
  68-22  forms to the attorney general who may use such forms for any
  68-23  purpose directly connected with the provision of child support
  68-24  services pursuant to Chapter 76, Human Resources Code.
  68-25        SECTION 50.  Section 8, Article 1.05, Title 79, Revised
  68-26  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
  68-27  amended to read as follows:
   69-1        Sec. 8.  This article does not apply to interest that accrues
   69-2  on <delinquent> child support under Section 14.34, Family Code.
   69-3        SECTION 51.  The following sections are repealed:
   69-4              (1)  Section 14.08(i), Family Code;
   69-5              (2)  Section 14.082, Family Code;
   69-6              (3)  Sections 14.314(c), (d), and (e), Family Code; and
   69-7              (4)  Section 14.68, Family Code.
   69-8        SECTION 52.  (a)  This Act takes effect September 1, 1995.
   69-9        (b)  The change in law made by Sections 8, 17, 19, 22, and 31
  69-10  of this Act applies only to an order entered in a suit affecting
  69-11  the parent-child relationship on or after the effective date of
  69-12  this Act.  An order entered before that date is governed by the law
  69-13  in effect on the date the order was entered, and the former law is
  69-14  continued in effect for that purpose.
  69-15        (c)  The change in law made by Sections 9 and 16 of this Act
  69-16  applies only to a suit affecting the parent-child relationship
  69-17  commenced on or after the effective date of this Act.  A suit
  69-18  affecting the parent-child relationship commenced before the
  69-19  effective date of this Act is governed by the law in effect on the
  69-20  date the suit was commenced, and the former law is continued in
  69-21  effect for that purpose.
  69-22        (d)  The change in law made by Sections 12 and 14 of this Act
  69-23  applies only to a determination of paternity for a child born on or
  69-24  after the effective date of this Act.  The determination of
  69-25  paternity of a child born before the effective date of this Act is
  69-26  governed by the law in effect on the date the child was born, and
  69-27  the former law is continued in effect for that purpose.
   70-1        (e)  The change in law made by Sections 23, 25, and 26 of
   70-2  this Act applies only to an order for which a motion to modify is
   70-3  filed on or after that date.  A motion to modify filed before that
   70-4  date is governed by the law in effect on the date the motion was
   70-5  filed, and the former law is continued in effect for that purpose.
   70-6        (f)  The change in law made by Section 42 of this Act applies
   70-7  only to a suit filed on or after the effective date of this Act.  A
   70-8  suit filed before the effective date of this Act is governed by the
   70-9  law in effect on the date the suit was filed, and the former law is
  70-10  continued in effect for that purpose.
  70-11        (g)  The change in law made by Sections 36, 37, and 48
  70-12  applies only to:
  70-13              (1)  child support payments owed on or after the
  70-14  effective date of this Act; and
  70-15              (2)  a license that is valid on or after the effective
  70-16  date of this Act.
  70-17        (h)  The Title IV-D agency shall adopt rules as required by
  70-18  Section 37 of this Act not later than November 1, 1995.
  70-19        SECTION 53.  The importance of this legislation and the
  70-20  crowded condition of the calendars in both houses create an
  70-21  emergency and an imperative public necessity that the
  70-22  constitutional rule requiring bills to be read on three several
  70-23  days in each house be suspended, and this rule is hereby suspended.