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.