1-1  By:  Goodman, et al. (Senate Sponsor - Harris)         H.B. No. 433
    1-2        (In the Senate - Received from the House May 12, 1995;
    1-3  May 15, 1995, read first time and referred to Committee on
    1-4  Jurisprudence; May 24, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 5, Nays 0;
    1-6  May 24, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 433                   By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the parent-child relationship, suits affecting the
   1-11  parent-child relationship, and the protection of children.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 3.521(c), Family Code, is amended to read
   1-14  as follows:
   1-15        (c)  The form authorized in this section and the form
   1-16  authorized by Section 102.010 <11.09 of this code> may be combined
   1-17  in appropriate situations.
   1-18        SECTION 2.  Subchapter C, Chapter 3, Family Code, is amended
   1-19  by adding Section 3.522 to read as follows:
   1-20        Sec. 3.522.  STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
   1-21  (a)  A party to a proceeding under this title shall include in the
   1-22  first pleading filed by the party in the proceeding the following
   1-23  statement:
   1-24              "I AM AWARE THAT IT IS THE POLICY OF THE
   1-25              STATE OF TEXAS TO PROMOTE THE AMICABLE AND
   1-26              NONJUDICIAL SETTLEMENT OF DISPUTES
   1-27              INVOLVING CHILDREN AND FAMILIES.  I AM
   1-28              AWARE OF ALTERNATIVE DISPUTE RESOLUTION
   1-29              METHODS INCLUDING MEDIATION.  WHILE I
   1-30              RECOGNIZE THAT ALTERNATIVE DISPUTE
   1-31              RESOLUTION IS AN ALTERNATIVE TO AND NOT A
   1-32              SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
   1-33              MAY BE TRIED IF IT IS NOT SETTLED, I
   1-34              REPRESENT TO THE COURT THAT I WILL ATTEMPT
   1-35              IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
   1-36              IN THIS CASE BY ALTERNATIVE DISPUTE
   1-37              RESOLUTION WITHOUT THE NECESSITY OF COURT
   1-38              INTERVENTION."
   1-39        (b)  The statement required by Subsection (a) must be printed
   1-40  in boldfaced type or capital letters and signed by the party.
   1-41        (c)  The statement in Subsection (a) is not required for:
   1-42              (1)  a pleading in which citation on all respondents
   1-43  entitled to service of citation is requested, issued, and given by
   1-44  publication;
   1-45              (2)  a motion or pleading that seeks a protective order
   1-46  under Section 3.581; or
   1-47              (3)  a special appearance under Rule 120A, Texas Rules
   1-48  of Civil Procedure.
   1-49        SECTION 3.  Sections 3.55(b), (c), and (d), Family Code, are
   1-50  amended to read as follows:
   1-51        (b)  If the parties are parents of a child, as defined by
   1-52  Section 101.003 <11.01 of this code>, and the child is not under
   1-53  the continuing jurisdiction of any other court as provided by
   1-54  Chapter 155 <under Section 11.05 of this code>, the suit for
   1-55  divorce, annulment, or to declare the marriage void, must include a
   1-56  suit affecting the parent-child relationship under Title 5
   1-57  <Subtitle A, Title 2, of this code>.  If a suit affecting the
   1-58  parent-child relationship is pending at the time the suit for
   1-59  divorce, annulment, or to declare a marriage void is filed, the
   1-60  suit affecting the parent-child relationship shall be transferred
   1-61  as provided by Section 103.002 to the court in which the suit for
   1-62  dissolution of a marriage is filed.
   1-63        (c)  If the parties are parents of a child, as defined by
   1-64  Section 101.003 <11.01 of this code>, and the child is under the
   1-65  continuing jurisdiction of another court under Chapter 155 <Section
   1-66  11.05 of this code>, either party to the suit for divorce,
   1-67  annulment, or to declare the marriage void may move that court for
   1-68  transfer of the suit affecting the parent-child relationship to the
    2-1  court having jurisdiction of the suit or divorce, annulment, or to
    2-2  declare the marriage void.  The court with continuing jurisdiction
    2-3  shall then transfer the proceeding to the court with jurisdiction
    2-4  of the suit for divorce, annulment, or to declare the marriage void
    2-5  as provided by Chapter 155.  <Proceedings for transfer under this
    2-6  section shall be governed by the procedures governing transfer
    2-7  under Section 11.06 of this code.>  On transfer of the proceedings
    2-8  to the court with jurisdiction of the suit for divorce, annulment,
    2-9  or to declare the marriage void, that court shall consolidate the
   2-10  suit affecting the parent-child relationship with the suit for
   2-11  divorce, annulment, or to declare the marriage void.
   2-12        (d)  After transfer of a suit affecting the parent-child
   2-13  relationship as provided in Subsection (b) or (c) <of this
   2-14  section>, or if the parties are parents of a child and no other
   2-15  court has jurisdiction of the child, the court with jurisdiction of
   2-16  the suit for divorce, annulment, or to declare the marriage void
   2-17  has jurisdiction to render an order in the suit <make orders,
   2-18  decrees, or judgments> affecting the parent-child relationship as
   2-19  provided by Title 5 <in the same manner that a court with
   2-20  jurisdiction of a suit affecting the parent-child relationship has
   2-21  under Subtitle A, Title 2, of this code, and is subject to the same
   2-22  rules, requirements, and standards set forth in Subtitle A, Title
   2-23  2, of this code for such suits.  On entering its decree or judgment
   2-24  affecting the parent-child relationship, the court has continuing
   2-25  jurisdiction under Section 11.05 of this code, and the decree or
   2-26  judgment shall be treated for all purposes as though it were
   2-27  entered in a suit affecting the parent-child relationship>.
   2-28        SECTION 4.  Section 4.02, Family Code, is amended to read as
   2-29  follows:
   2-30        Sec. 4.02.  DUTY TO SUPPORT.  Each spouse has the duty to
   2-31  support the other spouse.  <Each parent has the duty to support his
   2-32  or her child during the period that the child is a minor, and
   2-33  thereafter so long as the child is fully enrolled in an accredited
   2-34  secondary school in a program leading toward a high school diploma
   2-35  until the end of the school year in which the child graduates.>  A
   2-36  spouse <or parent> who fails to discharge the duty of support is
   2-37  liable to any person who provides necessaries to the spouse <those>
   2-38  to whom support is owed.
   2-39        SECTION 5.  Section 32.001, Family Code, as added by House
   2-40  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   2-41  amended to read as follows:
   2-42        Sec. 32.001.  CONSENT BY NON-PARENT.  (a)  The following
   2-43  persons may consent to medical, dental, psychological, and surgical
   2-44  treatment of a child when the person having the right to consent as
   2-45  otherwise provided by law cannot be contacted and that person has
   2-46  not given actual notice to the contrary:
   2-47              (1)  a grandparent of the child;
   2-48              (2)  an adult brother or sister of the child;
   2-49              (3)  an adult aunt or uncle of the child;
   2-50              (4)  an educational institution in which the child is
   2-51  enrolled that has received written authorization to consent from a
   2-52  person having the right to consent;
   2-53              (5)  an adult who has actual care, control, and
   2-54  possession of the child and has written authorization to consent
   2-55  from a person having the right to consent;
   2-56              (6)  a court having jurisdiction over a suit affecting
   2-57  the parent-child relationship of which the child is the subject;
   2-58  <or>
   2-59              (7)  an adult responsible for the actual care, control,
   2-60  and possession of a child under the jurisdiction of a juvenile
   2-61  court or committed by a juvenile court to the care of an agency of
   2-62  the state or county; or
   2-63              (8)  a peace officer who has lawfully taken custody of
   2-64  a minor, if the peace officer has reasonable grounds to believe the
   2-65  minor is in need of immediate medical treatment.
   2-66        (b)  <The person giving consent, a physician or dentist
   2-67  licensed to practice medicine or dentistry in this state, or a
   2-68  hospital or medical facility is not liable for the examination and
   2-69  treatment of a child under this section except for the person's own
   2-70  acts of negligence.>
    3-1        <(c)>  The Texas Youth Commission may consent to the medical,
    3-2  dental, psychological, and surgical treatment of a child committed
    3-3  to it under Title 3 when the person having the right to consent has
    3-4  been contacted and that person has not given actual notice to the
    3-5  contrary.
    3-6        (c) <(d)>  This section does not apply to consent for the
    3-7  immunization of a child.
    3-8        (d)  A person who consents to the medical treatment of a
    3-9  minor under Subsection (a)(7) or (8) is immune from liability for
   3-10  damages resulting from the examination or treatment of the minor,
   3-11  except to the extent of the person's own acts of negligence.  A
   3-12  physician or dentist licensed to practice in this state, or a
   3-13  hospital or medical facility at which a minor is treated is immune
   3-14  from liability for damages resulting from the examination or
   3-15  treatment of a minor under this section, except to the extent of
   3-16  the person's own acts of negligence.
   3-17        SECTION 6.  Section 32.003(a), Family Code, as added by House
   3-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-19  amended to read as follows:
   3-20        (a)  A child may consent to medical, dental, psychological,
   3-21  and surgical treatment for the child by a licensed physician or
   3-22  dentist if the child:
   3-23              (1)  is on active duty with the armed services of the
   3-24  United States of America;
   3-25              (2)  is:
   3-26                    (A)  16 years of age or older and resides
   3-27  separate and apart from the child's parents, managing conservator,
   3-28  or guardian, with or without the consent of the parents, managing
   3-29  conservator, or guardian and regardless of the duration of the
   3-30  residence; and
   3-31                    (B)  managing the child's own financial affairs,
   3-32  regardless of the source of the income;
   3-33              (3)  consents to the diagnosis and treatment of an
   3-34  infectious, contagious, or communicable disease that is required by
   3-35  law or a rule to be reported by the licensed physician or dentist
   3-36  to a local health officer or the Texas Department of Health,
   3-37  including all diseases within the scope of Section 81.041, Health
   3-38  and Safety Code;
   3-39              (4)  is unmarried and pregnant and consents to
   3-40  hospital, medical, or surgical treatment, other than abortion,
   3-41  related to the pregnancy; <or>
   3-42              (5)  consents to examination and treatment for drug or
   3-43  chemical addiction, drug or chemical dependency, or any other
   3-44  condition directly related to drug or chemical use; or
   3-45              (6)  is unmarried and has actual custody of the child's
   3-46  biological child and consents to medical, dental, psychological, or
   3-47  surgical treatment for the child.
   3-48        SECTION 7.  Section 42.006(a), Family Code, as added by House
   3-49  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-50  amended to read as follows:
   3-51        (a)  Damages may include:
   3-52              (1)  the actual costs and expenses incurred, including
   3-53  attorney's fees, in:
   3-54                    (A)  locating a child who is the subject of the
   3-55  order;
   3-56                    (B)  recovering possession of the child if the
   3-57  petitioner is entitled to possession; and
   3-58                    (C)  <(2)  the actual costs and expenses,
   3-59  including attorney's fees, incurred in> enforcing the order and
   3-60  prosecuting the suit; and
   3-61              (2) <(3)>  mental suffering and anguish incurred by the
   3-62  plaintiff because of a violation of the order.
   3-63        SECTION 8.  Section 102.003, Family Code, as added by House
   3-64  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-65  amended to read as follows:
   3-66        Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
   3-67  suit may be filed at any time by:
   3-68              (1)  a parent of the child;
   3-69              (2)  the child through a representative authorized by
   3-70  the court;
    4-1              (3)  a custodian or person having the right of
    4-2  visitation with or access to the child appointed by an order of a
    4-3  court of another state or country;
    4-4              (4)  a guardian of the person or of the estate of the
    4-5  child;
    4-6              (5)  a governmental entity;
    4-7              (6)  an authorized agency;
    4-8              (7)  a licensed child placing agency;
    4-9              (8)  a man alleging himself to be the biological father
   4-10  of a child filing in accordance with Chapter 160, subject to the
   4-11  limitations of Section 160.101, but not otherwise;
   4-12              (9)  a person who has had actual care, control, and
   4-13  possession of the child for not less than six months preceding the
   4-14  filing of the petition;
   4-15              (10)  a person designated as the managing conservator
   4-16  in a revoked or unrevoked affidavit of relinquishment under Chapter
   4-17  161 or to whom consent to adoption has been given in writing under
   4-18  Chapter 162; or
   4-19              (11)  a person with whom the child and the child's
   4-20  guardian, managing conservator, or parent have resided for not less
   4-21  than six months preceding the filing of the petition if the child's
   4-22  guardian, managing conservator, or parent is deceased at the time
   4-23  of the filing of the petition.
   4-24        SECTION 9.  Chapter 102, Family Code, as added by H.B. 655,
   4-25  Acts of the 74th Legislature, Regular Session, 1995, is amended by
   4-26  adding Section 102.0085 to read as follows:
   4-27        Sec. 102.0085.  STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
   4-28  (a)  A party to a proceeding brought under this chapter and
   4-29  Chapters 151, 153, 154, and 160 shall include in the first pleading
   4-30  filed by the party in the proceeding the following statement:
   4-31              "I AM AWARE THAT IT IS THE POLICY OF THE
   4-32              STATE OF TEXAS TO PROMOTE THE AMICABLE AND
   4-33              NONJUDICIAL SETTLEMENT OF DISPUTES
   4-34              INVOLVING CHILDREN AND FAMILIES.  I AM
   4-35              AWARE OF ALTERNATIVE DISPUTE RESOLUTION
   4-36              METHODS INCLUDING MEDIATION.  WHILE I
   4-37              RECOGNIZE THAT ALTERNATIVE DISPUTE
   4-38              RESOLUTION IS AN ALTERNATIVE TO AND NOT A
   4-39              SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
   4-40              MAY BE TRIED IF IT IS NOT SETTLED, I
   4-41              REPRESENT TO THE COURT THAT I WILL ATTEMPT
   4-42              IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
   4-43              IN THIS CASE BY ALTERNATIVE DISPUTE
   4-44              RESOLUTION WITHOUT THE NECESSITY OF COURT
   4-45              INTERVENTION."
   4-46        (b)  The statement required by Subsection (a) must be printed
   4-47  in boldfaced type or capital letters and signed by the party.
   4-48        (c)  The statement in Subsection (a) is not required for:
   4-49              (1)  a pleading in which citation on all respondents
   4-50  entitled to service of citation is requested, issued, and given by
   4-51  publication;
   4-52              (2)  a motion or pleading that seeks relief under
   4-53  Section 105.001(c) or Subchapter H, Chapter 157; or
   4-54              (3)  a special appearance under Rule 120A, Texas Rules
   4-55  of Civil Procedure.
   4-56        SECTION 10.  Section 102.009(a), Family Code, as added by
   4-57  House Bill 655, Acts of the 74th Legislature, Regular Session,
   4-58  1995, is amended to read as follows:
   4-59        (a)  Except as provided by Subsection (b), the following
   4-60  <persons> are entitled to service of citation on the filing of a
   4-61  petition in an original suit:
   4-62              (1)  a managing conservator;
   4-63              (2)  a possessory conservator;
   4-64              (3)  a person having possession of or access to the
   4-65  child under an order;
   4-66              (4)  a person required by law or by order to provide
   4-67  for the support of the child;
   4-68              (5)  a guardian of the person of the child;
   4-69              (6)  a guardian of the estate of the child;
   4-70              (7)  each parent as to whom the parent-child
    5-1  relationship has not been terminated or process has not been waived
    5-2  under Chapter 161; <and>
    5-3              (8)  an alleged father, unless there is attached to the
    5-4  petition an affidavit of waiver of interest in a child executed by
    5-5  the alleged father as provided by Chapter 161; and
    5-6              (9)  the Department of Protective and Regulatory
    5-7  Services, if the petition requests that the department be appointed
    5-8  as managing conservator of the child.
    5-9        SECTION 11.  Section 104.005, Family Code, as added by House
   5-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-11  amended to read as follows:
   5-12        Sec. 104.005.  SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
   5-13  (a)  If the testimony of a child is taken as provided by this
   5-14  chapter <subchapter>, the child may not be compelled to testify in
   5-15  court during the proceeding.
   5-16        (b)  The court may allow the testimony of a child of any age
   5-17  to be taken in any manner provided by this chapter if the child,
   5-18  because of a medical condition, is incapable of testifying in open
   5-19  court.
   5-20        SECTION 12.  Section 105.002, Family Code, as added by House
   5-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-22  amended to read as follows:
   5-23        Sec. 105.002.  JURY.  (a)  Except as provided by Subsection
   5-24  (b) <in a suit in which adoption is requested>, a party may demand
   5-25  a jury trial.
   5-26        (b)  A party may not demand a jury trial in a suit in which
   5-27  adoption is sought, including a trial on the issue of denial or
   5-28  revocation of consent to the adoption by the managing conservator.
   5-29        (c)  The court may not render an order that contravenes the
   5-30  verdict of the jury, except with respect to the issues of the
   5-31  specific terms and conditions of possession of and access to the
   5-32  child, support of the child, and the rights, privileges, duties,
   5-33  and powers of sole managing conservators, joint managing
   5-34  conservators, or possessory conservators, on which the court may
   5-35  submit or refuse to submit issues to the jury as the court
   5-36  determines appropriate, and on which issues the jury verdict is
   5-37  advisory only.
   5-38        SECTION 13.  Section 105.006, Family Code, as added by House
   5-39  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-40  amended by amending Subsections (b) and (e) and adding Subsection
   5-41  (g) to read as follows:
   5-42        (b)  Except as provided by Subsection (c), <in an order for
   5-43  child support or possession of or access to a child> the court
   5-44  shall order each party to inform each <the clerk and all> other
   5-45  party <parties> of an intended <a> change in any of the information
   5-46  required by this section as long as any person, as a result of the
   5-47  order, is under an obligation to pay child support or is entitled
   5-48  to possession of or access to a child.  The court shall order that
   5-49  notice of the intended change be given at the earlier of <to be
   5-50  included in the order>:
   5-51              (1)  <before the 11th day after the date of the change,
   5-52  as long as any person, as a result of the order, is under an
   5-53  obligation to pay child support or is entitled to possession of or
   5-54  access to a child; and>
   5-55              <(2)  if the change in the information is an intended
   5-56  change, on or before> the 60th day before the date the party
   5-57  intends to make the change; or
   5-58              (2)  the fifth day after the date that the party knew
   5-59  of the change, if the party did not know or could not have known of
   5-60  the change in sufficient time to comply with Subdivision (1)<, as
   5-61  long as any person, as a result of the order, is under an
   5-62  obligation to pay child support or is entitled to possession of or
   5-63  access to a child>.
   5-64        (e)  Except as provided by Subsection (c), an order in a suit
   5-65  that orders child support or possession of or access to a child
   5-66  must also contain the following order in bold-faced type or in
   5-67  capital letters:
   5-68        "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
   5-69  NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
   5-70  AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
    6-1  ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
    6-2  ADDRESS OF <PLACE OF> EMPLOYMENT, AND WORK TELEPHONE NUMBER.  THE
    6-3  PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
    6-4  REQUIRED INFORMATION TO EACH OTHER PARTY ON OR BEFORE THE 60TH DAY
    6-5  BEFORE THE INTENDED CHANGE.  IF THE PARTY DOES NOT KNOW OR COULD
    6-6  NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY
    6-7  NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
    6-8  BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
    6-9  CHANGE.
   6-10        THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE
   6-11  CLERK OF THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF
   6-12  THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED
   6-13  TO POSSESSION OF OR ACCESS TO A CHILD.
   6-14        FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
   6-15  EACH OTHER PARTY <THE CLERK> WITH THE CHANGE IN THE REQUIRED
   6-16  INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER,
   6-17  INCLUDING CONTEMPT OF COURT.  A FINDING OF CONTEMPT MAY BE PUNISHED
   6-18  BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500
   6-19  FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S
   6-20  FEES AND COURT COSTS <CURRENT MAILING ADDRESS OF A PARTY MAY RESULT
   6-21  IN THE ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT
   6-22  PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN
   6-23  ADDRESS OF RECORD>."
   6-24        (g)  Notwithstanding another provision of this section, a
   6-25  court in a county with a population of 2.8 million or more shall
   6-26  order each party to inform the clerk of the court of a change in
   6-27  information required by this section in the manner provided by
   6-28  Subsection (b).  The order required by Subsection (e) shall reflect
   6-29  the notification requirement of this subsection.
   6-30        SECTION 14.  Section 105.007, Family Code, as added by House
   6-31  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   6-32  amended to read as follows:
   6-33        Sec. 105.007.  COMPLIANCE WITH ORDER REQUIRING NOTICE OF
   6-34  CHANGE OF REQUIRED INFORMATION <CONSERVATOR'S RESIDENCE>.  (a)  A
   6-35  party <who intends a change of place of residence> shall comply
   6-36  with the order by giving written notice to each other party of an
   6-37  <the> intended <date of> change in the party's current residence
   6-38  address, mailing address, home telephone number, name of employer,
   6-39  address of employment, and work<, new> telephone number<, and new
   6-40  street address of residence to the court having jurisdiction of the
   6-41  suit in which the order was made and to every other party who has
   6-42  possession of or access to the child>.
   6-43        (b)  The party must give written notice by registered or
   6-44  certified mail of an intended change in the required information to
   6-45  each other party <must be given> on or before the 60th day before
   6-46  the change is made <conservator changes the conservator's place of
   6-47  residence>.  If the party does <conservator did> not know or could
   6-48  not have known of the change in sufficient time to provide 60-day
   6-49  notice, the party shall provide <of residence or if the required
   6-50  information was not available within the 60-day period, the
   6-51  conservator shall supply> the written notice of the change <of
   6-52  residence or the related information> on or before the fifth day
   6-53  after the date that the party <conservator> knew <or should have
   6-54  known> of the change <or of the related information>.
   6-55        (c)  The court may waive the notice required by this section
   6-56  on motion by a party <the moving conservator> if it finds that the
   6-57  giving of notice of a change of the required information <place of
   6-58  residence> would be likely to expose the child or the party
   6-59  <conservator> to harassment, abuse, serious harm, or injury.
   6-60        <(d)  The notice may be given to a party by delivery of a
   6-61  copy of the notice to the party either in person or by registered
   6-62  or certified mail, return receipt requested, to the last known
   6-63  address of the party.>
   6-64        <(e)  The notice may be given to the court by delivery of a
   6-65  copy of the notice either in person to the clerk of the court or by
   6-66  registered or certified mail addressed to the clerk of the court.>
   6-67        SECTION 15.  Chapter 107, Family Code, as added by House Bill
   6-68  655, Acts of the 74th Legislature, Regular Session, 1995, is
   6-69  amended to read as follows:
   6-70         CHAPTER 107.  SPECIAL APPOINTMENTS AND SOCIAL STUDIES
    7-1            SUBCHAPTER A.  GUARDIAN AD LITEM REPRESENTATION
    7-2        Sec. 107.001.  APPOINTMENT OF GUARDIAN AD LITEM.  (a)  In a
    7-3  suit in which termination of the parent-child relationship is
    7-4  requested, the court or an associate judge shall appoint a guardian
    7-5  ad litem to represent the interests of the child immediately after
    7-6  the filing of the petition but before the full adversary hearing to
    7-7  ensure adequate representation of the child, unless:
    7-8              (1)  the child is a petitioner;
    7-9              (2)  an attorney ad litem has been appointed for the
   7-10  child; or
   7-11              (3)  the court or an associate judge finds that the
   7-12  interests of the child will be represented adequately by a party to
   7-13  the suit and are not adverse to that party.
   7-14        (b)  In any other suit, the court or an associate judge may
   7-15  appoint a guardian ad litem.
   7-16        (c)  The managing conservator may be appointed guardian ad
   7-17  litem if the managing conservator is not a parent of the child or a
   7-18  person petitioning for adoption of the child and has no personal
   7-19  interest in the suit.
   7-20        (d)  A guardian ad litem shall be appointed to represent any
   7-21  other person entitled to service of citation under this code if the
   7-22  person is incompetent or a child, unless the person has executed an
   7-23  affidavit of relinquishment of parental rights or an affidavit of
   7-24  waiver of interest in child containing a waiver of service of
   7-25  citation.
   7-26           (Sections 107.002-107.010 reserved for expansion
   7-27                   SUBCHAPTER B.  ATTORNEY AD LITEM
   7-28        Sec. 107.011 <107.002>.  DISCRETIONARY APPOINTMENT OF
   7-29  ATTORNEY AD LITEM.  (a)  An associate judge shall <may> recommend
   7-30  the appointment of an attorney ad litem for any party in a case in
   7-31  which the associate judge deems representation necessary to protect
   7-32  the interests of the child who is the subject matter of the suit.
   7-33        (b)  The court shall <may> appoint an attorney ad litem for
   7-34  any party in a case in which the court deems representation
   7-35  necessary to protect the interests of the child who is the subject
   7-36  matter of the suit.
   7-37        Sec. 107.012.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
   7-38  CHILD.  <(c)>  In a suit filed by a governmental entity requesting
   7-39  termination of the parent-child relationship or to be named
   7-40  conservator of a child, the court shall appoint an attorney ad
   7-41  litem to represent the interests of the child immediately after the
   7-42  filing, but before the full adversary hearing, <as soon as
   7-43  practicable> to ensure adequate representation of the child
   7-44  <child's interests>.
   7-45        Sec. 107.013.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
   7-46  INDIGENT PARENT.  (a) <(d)>  In a suit in which termination of the
   7-47  parent-child relationship is requested, the court shall appoint an
   7-48  attorney ad litem to represent the interests of each indigent
   7-49  parent of the child who responds in opposition to the termination.
   7-50        (b)  If both parents of the child are indigent and oppose
   7-51  termination and the court finds that the interests of the parents
   7-52  are not in conflict, the court may appoint a single attorney ad
   7-53  litem to represent the interests of both parents.
   7-54        Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
   7-55  CHILD.  (a)  An attorney ad litem appointed under this subchapter
   7-56  to represent a child may:
   7-57              (1)  investigate to the extent the attorney ad litem
   7-58  considers appropriate to determine the facts of the case;
   7-59              (2)  obtain and review copies of all of the child's
   7-60  relevant medical, psychological, and school records; and
   7-61              (3)  call, examine, and cross-examine witnesses.
   7-62        (b)  An attorney ad litem appointed to represent a child
   7-63  shall within a reasonable time after the appointment:
   7-64              (1)  interview the child if the child is four years of
   7-65  age or older; and
   7-66              (2)  interview individuals with significant knowledge
   7-67  of the child's history and condition.
   7-68        Sec. 107.015 <107.003>.  AD LITEM FEES.  (a)  An attorney
   7-69  appointed to represent a child or parent as authorized by this
   7-70  subchapter is entitled to a reasonable fee in the amount set by the
    8-1  court to be paid by the parents of the child unless the parents are
    8-2  indigent.
    8-3        (b)  If the court or associate judge determines that the
    8-4  parties or litigants are able to defray the costs of an ad litem's
    8-5  compensation as determined by the reasonable and customary fees for
    8-6  similar services in the county of jurisdiction, the costs may be
    8-7  ordered paid by either or both parties, or the court or associate
    8-8  judge may order either or both parties, prior to final hearing, to
    8-9  pay the sums into the registry of the court or into an account
   8-10  authorized by the court for the use and benefit of the ad litem on
   8-11  order of the court.  The sums may be taxed as costs to be assessed
   8-12  against one or more of the parties.
   8-13        (c)  If indigency of the parents is shown, an attorney
   8-14  appointed to represent a child or parent in a suit to terminate the
   8-15  parent-child relationship shall be paid from the general funds of
   8-16  the county according to the fee schedule that applies to an
   8-17  attorney appointed to represent a child in a suit under Title 3 as
   8-18  provided by Chapter 51.
   8-19        Sec. 107.016.  CONTINUED REPRESENTATION.  In a suit brought
   8-20  by a governmental entity seeking termination of the parent-child
   8-21  relationship or appointment of the entity as conservator of the
   8-22  child, an order appointing the Department of Protective and
   8-23  Regulatory Services as the child's managing conservator may provide
   8-24  for the continuation of the attorney ad litem appointment for any
   8-25  period set by the court.
   8-26           (Sections 107.017-107.030 reserved for expansion
   8-27                SUBCHAPTER C.  OTHER COURT APPOINTMENTS
   8-28        Sec. 107.031 <107.004>.  VOLUNTEER ADVOCATES.  (a)  In a suit
   8-29  filed by a governmental entity, the court may appoint a person who
   8-30  has received the court's approved training and who has been
   8-31  certified by the court to appear at court hearings as a volunteer
   8-32  advocate on behalf of the child.
   8-33        (b)  In addition, the court may appoint a group of
   8-34  court-certified volunteers to serve as an administrative review
   8-35  board to advise the court as to the conservatorship appointment and
   8-36  the placement of the child by the Department of Protective and
   8-37  Regulatory Services <department> or authorized agency in substitute
   8-38  care.
   8-39        (c)  A court-appointed volunteer, a board member or employee
   8-40  of a volunteer advocate charitable organization, or a member of an
   8-41  administrative review board <person> is not liable for civil
   8-42  damages for a recommendation made or opinion rendered while serving
   8-43  or having served as a court-appointed volunteer, board member or
   8-44  employee of a volunteer advocate charitable organization, or member
   8-45  of an administrative review board under this section unless the act
   8-46  or failure to act is wilfully wrongful, committed with conscious
   8-47  indifference or reckless disregard for the safety of another,
   8-48  committed in bad faith or with malice, or is grossly negligent.
   8-49           (Sections 107.032-107.050 reserved for expansion
   8-50                      SUBCHAPTER D.  SOCIAL STUDY
   8-51        Sec. 107.051 <107.005>.  ORDER FOR SOCIAL STUDY.  (a)  The
   8-52  court may order the preparation of a social study into the
   8-53  circumstances and condition of the child and of the home of any
   8-54  person requesting managing conservatorship or possession of the
   8-55  child.
   8-56        (b)  The social study may be made by a state agency,
   8-57  including the Department of Protective and Regulatory Services
   8-58  <department>, or a person appointed by the court.
   8-59        (c)  In a suit in which adoption is requested or possession
   8-60  of or access to the child is an issue and in which the Department
   8-61  of Protective and Regulatory Services is not a party or has no
   8-62  interest, the court shall appoint a private agency or person to
   8-63  conduct the social study.
   8-64        Sec. 107.052.  STANDARDS FOR CONDUCTING SOCIAL STUDY.  (a)
   8-65  The court may appoint an investigator to conduct the social study
   8-66  required by this section who has the qualifications established by
   8-67  the rules of the Department of Protective and Regulatory Services
   8-68  <department> providing minimum qualifications for persons who may
   8-69  conduct social studies.  If the Department of Protective and
   8-70  Regulatory Services <department> or another governmental entity is
    9-1  appointed, the person who conducts the investigation and makes the
    9-2  report must also have those qualifications.
    9-3        (b) <(d)>  A study made under this section shall comply with
    9-4  the rules of the Department of Protective and Regulatory Services
    9-5  <department> establishing minimum standards, guidelines, and
    9-6  procedures for social studies or the criteria established by the
    9-7  court.
    9-8        (c) <(e)>  The social study shall contain any history of
    9-9  physical, sexual, or emotional abuse suffered by the child.
   9-10        <(f)  In a suit in which adoption is requested or possession
   9-11  of or access to the child is an issue and in which the department
   9-12  is not a party or has no interest, the court shall appoint a
   9-13  private agency or person to conduct the social study.>
   9-14        Sec. 107.053.  PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
   9-15  <(g)>  In all adoptions a copy of the report shall be made
   9-16  available to the prospective adoptive parents prior to a final
   9-17  order of adoption.
   9-18        Sec. 107.054.  REPORT FILED WITH COURT.  <(h)>  The agency or
   9-19  person making the social study shall file with the court on a date
   9-20  set by the court a report containing its findings and conclusions.
   9-21  The report shall be made a part of the record of the suit.
   9-22        Sec. 107.055.  INTRODUCTION OF REPORT AT TRIAL.
   9-23  (a) <(i)>  Disclosure to the jury of the contents of a report to
   9-24  the court of a social study is subject to the rules of evidence.
   9-25        (b) <(j)>  In a contested case, the agency or person making
   9-26  the social study shall furnish copies of the report to the
   9-27  attorneys for the parties before the earlier of:
   9-28              (1)  the seventh day after the date the social study is
   9-29  completed; or
   9-30              (2)  the fifth day before the date of commencement of
   9-31  the trial.
   9-32        (c) <(k)>  The court may compel the attendance of witnesses
   9-33  necessary for the proper disposition of the suit, including a
   9-34  representative of the agency making the social study, who may be
   9-35  compelled to testify.
   9-36        Sec. 107.056.  PREPARATION FEE.  <(l)>  If the court orders
   9-37  <the department to prepare> a social study to be conducted and a
   9-38  report to be prepared, the court shall award the agency or other
   9-39  person <department> a reasonable fee for the preparation of the
   9-40  study that shall be taxed as costs and paid directly to the agency
   9-41  or other person <department>.  The person or agency <department>
   9-42  may enforce the order for the fee <in the department's own name>.
   9-43        SECTION 16.  Section 108.001, Family Code, as added by House
   9-44  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   9-45  amended to read as follows:
   9-46        Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK.  (a)
   9-47  Except as provided by this chapter, the clerk of the court shall
   9-48  transmit to the bureau of vital statistics <department> a certified
   9-49  record <copy> of the order rendered in a suit, together with the
   9-50  name and all prior names, birth date, and place of birth of the
   9-51  child prepared by the petitioner on a form provided by the bureau.
   9-52        (b)  The bureau of vital statistics <department> shall
   9-53  maintain these records in a central file according to the name,
   9-54  birth date, and place of birth of the child, the court that
   9-55  rendered the order, and the docket number of the suit.
   9-56        (c)  All the records required under this section to be
   9-57  maintained by the bureau of vital statistics and the records of a
   9-58  child-placing agency that has ceased operations <department> are
   9-59  confidential and no person is entitled to access to or information
   9-60  from these records except for good cause <as provided by this
   9-61  subtitle or> on an order of the court that rendered the order <for
   9-62  good cause>.
   9-63        SECTION 17.  Section 108.003, Family Code, as added by House
   9-64  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   9-65  amended to read as follows:
   9-66        Sec. 108.003.  TRANSMITTAL OF INFORMATION REGARDING <FILES
   9-67  OF> ADOPTION.  (a)  The <On rendition of an order of adoption, the>
   9-68  clerk of a <the> court that renders a decree of adoption shall, not
   9-69  later than the 10th day of the first month after the month in which
   9-70  the adoption is rendered, transmit to the central registry of the
   10-1  bureau of vital statistics <department:>
   10-2              <(1)  a complete file in the case, including all
   10-3  pleadings, papers, studies, and records in the suit other than the
   10-4  minutes of the court, if the petitioner has requested that the
   10-5  complete file be sent, or a certified copy of the petition and
   10-6  order of adoption, excluding pleadings, papers, studies, and
   10-7  records relating to a suit for divorce or annulment or to declare a
   10-8  marriage void; and>
   10-9              <(2)>  a certified report of adoption that includes:
  10-10              (1) <(A)>  the name of the adopted child after adoption
  10-11  as shown in the adoption order;
  10-12              (2) <(B)>  the birth date of the adopted child;
  10-13              (3) <(C)>  the docket number of the adoption suit;
  10-14              (4) <(D)>  the identity of the court rendering the
  10-15  adoption;
  10-16              (5) <(E)>  the date of the adoption order;
  10-17              (6) <(F)>  the name and address of each parent,
  10-18  guardian, managing conservator, or other person whose consent to
  10-19  adoption was required or waived under Chapter 159 <23>, or whose
  10-20  parental rights were terminated in the adoption suit;
  10-21              (7) <(G)>  the identity of the licensed child placing
  10-22  agency, if any, through which the adopted child was placed for
  10-23  adoption; and
  10-24              (8) <(H)>  the identity, address, and telephone number
  10-25  of the registry through which the adopted child may register as an
  10-26  adoptee.
  10-27        (b)  Except for good cause shown or on an order of the court
  10-28  that granted the adoption or terminated the proceedings under
  10-29  Section 155.001, the records concerning a child maintained by the
  10-30  district clerk after rendition of a decree of adoption, the records
  10-31  of a child-placing agency that has ceased operations, and the
  10-32  records required under this section to be maintained by the bureau
  10-33  of vital statistics are confidential, and no person is entitled to
  10-34  access to or information from these records.
  10-35        SECTION 18.  Section 108.004, Family Code, as added by House
  10-36  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  10-37  amended to read as follows:
  10-38        Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
  10-39  On the loss of jurisdiction of a court under Chapter 155, the clerk
  10-40  of the court shall transmit to the central registry of the bureau
  10-41  of vital statistics a certified record, on a form provided by the
  10-42  bureau, stating that jurisdiction has been lost, the reason for the
  10-43  loss of jurisdiction, and the name and all previous names, date of
  10-44  birth, and place of birth of the child <department:>
  10-45              <(1)  a complete file in the case, including all
  10-46  pleadings, papers, studies, and records in the suit other than the
  10-47  minutes of the court, if the petitioner has requested that a
  10-48  complete file be sent; or>
  10-49              <(2)  a certified copy of the petition, excluding
  10-50  pleadings, papers, studies, and records relating to a suit for
  10-51  divorce or annulment or to declare a marriage void>.
  10-52        SECTION 19.  Section 108.005, Family Code, as added by House
  10-53  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  10-54  amended to read as follows:
  10-55        Sec. 108.005.  ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
  10-56  STATISTICS <DEPARTMENT>.  (a)  When the bureau of vital statistics
  10-57  <department> receives records from the district clerk, the bureau
  10-58  <the complete file or petition and order of adoption, it> shall
  10-59  close the records concerning that child.  Except for statistical
  10-60  purposes, the bureau <department> may not disclose any information
  10-61  concerning the prior proceedings affecting the child.  Except as
  10-62  provided in Chapter 162, any subsequent inquiry concerning the
  10-63  child who has been adopted shall be handled as though the child had
  10-64  not been previously the subject of a suit affecting the
  10-65  parent-child relationship.  The bureau shall provide to the
  10-66  Department of Protective and Regulatory Services registry
  10-67  information as necessary for the department to comply with federal
  10-68  law or regulations regarding the compilation or reporting of
  10-69  adoption information to federal officials and other information as
  10-70  necessary for the department to administer the central registry as
   11-1  provided in Subchapter E, Chapter 162.
   11-2        (b)  On the receipt of additional records concerning a child
   11-3  who has been the subject of a suit affecting the parent-child
   11-4  relationship in which the records have been closed, a new file
   11-5  shall be made and maintained.
   11-6        SECTION 20.  Section 108.006, Family Code, as added by House
   11-7  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   11-8  amended to read as follows:
   11-9        Sec. 108.006.  FEES.  (a)  The bureau of vital statistics
  11-10  <department> may charge a reasonable fee to cover the cost of
  11-11  determining and sending information concerning the identity of the
  11-12  court with continuing, exclusive jurisdiction.
  11-13        (b)  On the filing of a suit requesting the adoption of a
  11-14  child, the clerk of the court shall collect an additional fee of
  11-15  $15.
  11-16        (c)  The clerk shall send the fees collected under Subsection
  11-17  (b) to the bureau of vital statistics for deposit in a special fund
  11-18  in the state treasury from which the legislature may appropriate
  11-19  money only to operate and maintain the central file and central
  11-20  registry of the bureau <department>.
  11-21        (d)  The receipts from the fees charged under Subsection (a)
  11-22  shall be deposited in a financial institution as determined by the
  11-23  <executive> director of the bureau of vital statistics <department>
  11-24  and withdrawn as necessary for the sole purpose of operating and
  11-25  maintaining the central record file.
  11-26        <(e)  The funds received under Subsection (b) shall be
  11-27  deposited in a special account in the general revenue fund.  Funds
  11-28  in the account may only be used for the operation of the central
  11-29  record file.  Sections 403.094 and 403.095, Government Code, do not
  11-30  apply to the special account.>
  11-31        SECTION 21.  Section 108.007, Family Code, as added by House
  11-32  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-33  amended to read as follows:
  11-34        Sec. 108.007.  MICROFILM.  (a)  The bureau of vital
  11-35  statistics <department> may use microfilm or other suitable means
  11-36  for maintaining the central record file.
  11-37        (b)  A certified reproduction of a document maintained by the
  11-38  bureau of vital statistics <department> is admissible in evidence
  11-39  as the original document.
  11-40        SECTION 22.  Section 151.002(b), Family Code, as added by
  11-41  House Bill 655, Acts of the 74th Legislature, Regular Session,
  11-42  1995, is amended to read as follows:
  11-43        (b)  A presumption under this section may be rebutted as
  11-44  provided by Section 160.110 <only by clear and convincing evidence.
  11-45  If two or more presumptions arise that conflict, the presumption
  11-46  that is founded on the weightier considerations of policy and logic
  11-47  controls.  The presumption is rebutted by a court order
  11-48  establishing paternity of the child by another man>.
  11-49        SECTION 23.  Section 151.003(a), Family Code, as added by
  11-50  House Bill 655, Acts of the 74th Legislature, Regular Session,
  11-51  1995, is amended to read as follows:
  11-52        (a)  A parent of a child has the following rights and duties:
  11-53              (1)  the right to have physical possession, to direct
  11-54  the moral and religious training, and to establish the residence of
  11-55  the child;
  11-56              (2)  the duty of care, control, protection, and
  11-57  reasonable discipline of the child;
  11-58              (3)  the duty to support the child, including providing
  11-59  the child with clothing, food, shelter, medical and dental care,
  11-60  and education;
  11-61              (4)  the duty, except when a guardian of the child's
  11-62  estate has been appointed, to manage the estate of the child,
  11-63  including the right <a power> as an agent of the child to act in
  11-64  relation to the child's estate if the child's action is required by
  11-65  a state, the United States, or a foreign government;
  11-66              (5)  the right to the services and earnings of the
  11-67  child;
  11-68              (6)  the right to consent to the child's marriage,
  11-69  enlistment in the armed forces of the United States, medical and
  11-70  dental care, and psychiatric, psychological, and surgical
   12-1  treatment;
   12-2              (7)  the right to represent the child in legal action
   12-3  and to make other decisions of substantial legal significance
   12-4  concerning the child;
   12-5              (8)  the right to receive and give receipt for payments
   12-6  for the support of the child and to hold or disburse funds for the
   12-7  benefit of the child;
   12-8              (9)  the right to inherit from and through the child;
   12-9  <and>
  12-10              (10)  the right to make decisions concerning the
  12-11  child's education;  and
  12-12              (11)  any other right or duty existing between a parent
  12-13  and child by virtue of law.
  12-14        SECTION 24.  Section 152.003, Family Code, as added by House
  12-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-16  amended by adding Subsection (e) to read as follows:
  12-17        (e)  A court that has jurisdiction of a suit under Subsection
  12-18  (a)(3) for which a court in another state may exercise jurisdiction
  12-19  under prerequisites substantially in accordance with Subsection
  12-20  (a)(1) or (2) may enter only a temporary order to protect the
  12-21  child.  The suit shall be dismissed in this state on the date a
  12-22  court of competent jurisdiction in another state signs an order in
  12-23  the suit or on the 91st day after the date the court in this state
  12-24  exercised its jurisdiction, whichever date occurs first.
  12-25        SECTION 25.  Section 153.001, Family Code, as added by House
  12-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-27  amended to read as follows:
  12-28        Sec. 153.001.  PUBLIC POLICY.  (a)  The public policy of this
  12-29  state is to:
  12-30              (1)  assure that children will have frequent and
  12-31  continuing contact with parents who have shown the ability to act
  12-32  in the best interest of the child;
  12-33              (2)  provide a stable environment for the child; and
  12-34              (3)  encourage parents to share in the rights and
  12-35  duties of raising their child after the parents have separated or
  12-36  dissolved their marriage.
  12-37        (b)  A court may not render an order that conditions the
  12-38  right of a conservator to possession of or access to a child on the
  12-39  payment of child support.
  12-40        SECTION 26.  Section 153.007(c), Family Code, as added by
  12-41  House Bill 655, Acts of the 74th Legislature, Regular Session,
  12-42  1995, is amended to read as follows:
  12-43        (c)  Terms of the agreement contained in the order or
  12-44  incorporated by reference regarding conservatorship or support of
  12-45  or access to a child in an order may be enforced by all remedies
  12-46  available for enforcement of a judgment, including contempt, but
  12-47  are not enforceable as a contract <terms unless provided by the
  12-48  agreement>.
  12-49        SECTION 27.  Subchapter A, Chapter 153, Family Code, as added
  12-50  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  12-51  1995, is amended by adding Section 153.0071 to read as follows:
  12-52        Sec. 153.0071.  ALTERNATE DISPUTE RESOLUTION PROCEDURES.
  12-53  (a)  On written agreement of the parties, the court may refer a
  12-54  suit affecting the parent-child relationship to arbitration.  The
  12-55  agreement must state whether the arbitration is binding or
  12-56  non-binding.
  12-57        (b)  If the parties agree to binding arbitration, the court
  12-58  shall render an order reflecting the arbitrator's award unless the
  12-59  court determines at a non-jury hearing that the award is not in the
  12-60  best interest of the child.  The burden of proof at a hearing under
  12-61  this subsection is on the party seeking to avoid rendition of an
  12-62  order based on the arbitrator's award.
  12-63        (c)  On the written agreement of the parties or on the
  12-64  court's own motion, the court may refer a suit affecting the
  12-65  parent-child relationship to mediation.
  12-66        (d)  A mediated settlement agreement is binding on the
  12-67  parties if the agreement:
  12-68              (1)  provides in a separate paragraph an underlined
  12-69  statement that the agreement is not subject to revocation;
  12-70              (2)  is signed by each party to the agreement; and
   13-1              (3)  is signed by the party's attorney, if any, who is
   13-2  present at the time the agreement is signed.
   13-3        (e)  If a mediated settlement agreement meets the
   13-4  requirements of Subsection (d), a party is entitled to judgment on
   13-5  the mediated settlement agreement notwithstanding Rule 11, Texas
   13-6  Rules of Civil Procedure, or another rule of law.
   13-7        (f)  The procedures and remedies provided by this section
   13-8  apply to an action brought under Title 1.
   13-9        SECTION 28.  Subchapter A, Chapter 153, as added by House
  13-10  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  13-11  amended by adding Section 153.013 to read as follows:
  13-12        Sec. 153.013.  FALSE REPORT OF CHILD ABUSE.  (a)  If a party
  13-13  to a pending suit affecting the parent-child relationship makes a
  13-14  report alleging child abuse by another party to the suit that the
  13-15  reporting party knows lacks a factual foundation, the court shall
  13-16  deem the report to be a knowingly false report.
  13-17        (b)  Evidence of a false report of child abuse is admissible
  13-18  in a suit between the involved parties regarding the terms of
  13-19  conservatorship of a child.
  13-20        SECTION 29.  Section 153.073(a), Family Code, as added by
  13-21  House Bill 655, Acts of the 74th Legislature, Regular Session,
  13-22  1995, is amended to read as follows:
  13-23        (a)  Unless limited by court order, a parent appointed as a
  13-24  conservator of a child has at all times the right:
  13-25              (1)  as specified by court order:
  13-26                    (A)  to receive information from the other parent
  13-27  concerning the health, education, and welfare of the child; and
  13-28                    (B) <(2)>  to confer with the other parent to the
  13-29  extent possible before making a decision concerning the health,
  13-30  education, and welfare of the child;
  13-31              (2) <(3)>  of access to medical, dental, psychological,
  13-32  and educational records of the child;
  13-33              (3) <(4)>  to consult with a physician, dentist, or
  13-34  psychologist of the child;
  13-35              (4) <(5)>  to consult with school officials concerning
  13-36  the child's welfare and educational status, including school
  13-37  activities;
  13-38              (5) <(6)>  to attend school activities;
  13-39              (6) <(7)>  to be designated on the child's records as a
  13-40  person to be notified in case of an emergency;
  13-41              (7) <(8)>  to consent to medical, dental, and surgical
  13-42  treatment during an emergency involving an immediate danger to the
  13-43  health and safety of the child; and
  13-44              (8) <(9)>  to manage the estate of the child to the
  13-45  extent the estate has been created by the parent or the parent's
  13-46  family.
  13-47        SECTION 30.  Section 153.074, Family Code, as added by House
  13-48  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  13-49  amended to read as follows:
  13-50        Sec. 153.074.  RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
  13-51  Unless limited by court order, a parent appointed as a conservator
  13-52  of a child has the following rights and duties during the period
  13-53  that the parent has possession of the child:
  13-54              (1)  the duty of care, control, protection, and
  13-55  reasonable discipline of the child;
  13-56              (2)  the duty to support the child, including providing
  13-57  the child with clothing, food, shelter, and medical and dental care
  13-58  not involving an invasive procedure; <and>
  13-59              (3)  the right to consent for the child to medical and
  13-60  dental care not involving an invasive procedure;
  13-61              (4)  the right to consent for the child to medical,
  13-62  dental, and surgical treatment during an emergency involving
  13-63  immediate danger to the health and safety of the child; and
  13-64              (5)  the right to direct the moral and religious
  13-65  training of the child.
  13-66        SECTION 31.  Subchapter B, Chapter 153, Family Code, as added
  13-67  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  13-68  1995, is amended by adding Section 153.076 to read as follows:
  13-69        Sec. 153.076.  PARENTS' DUTY TO PROVIDE INFORMATION.  If both
  13-70  parents are appointed as conservators of the child, the court shall
   14-1  order that each parent has a duty to inform the other parent in a
   14-2  timely manner of significant information concerning the health,
   14-3  education, and welfare of the child.
   14-4        SECTION 32.  Section 153.131, Family Code, as added by House
   14-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   14-6  amended to read as follows:
   14-7        Sec. 153.131.  PRESUMPTION THAT PARENT TO BE APPOINTED
   14-8  MANAGING CONSERVATOR.  (a)  Unless the court finds that appointment
   14-9  of the parent or parents would not be in the best interest of the
  14-10  child because the appointment would significantly impair the
  14-11  child's physical health or emotional development, a parent shall be
  14-12  appointed sole managing conservator or both parents shall be
  14-13  appointed as joint managing conservators of the child.
  14-14        (b)  It is a rebuttable presumption that the appointment of
  14-15  the parents of a child as joint managing conservators is in the
  14-16  best interest of the child.
  14-17        SECTION 33.  Section 153.132, Family Code, as added by House
  14-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  14-19  amended to read as follows:
  14-20        Sec. 153.132.  RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
  14-21  MANAGING CONSERVATOR.  Unless limited by court order, a parent
  14-22  appointed as sole managing conservator of a child has the rights
  14-23  and duties provided by Subchapter B and the following exclusive
  14-24  rights:
  14-25              (1)  the right to establish the primary residence of
  14-26  the child;
  14-27              (2)  the right to consent to medical, dental, and
  14-28  surgical treatment involving invasive procedures, and to consent to
  14-29  psychiatric and psychological treatment;
  14-30              (3)  the right to receive and give receipt for periodic
  14-31  payments for the support of the child and to hold or disburse these
  14-32  funds for the benefit of the child;
  14-33              (4)  the right to represent the child in legal action
  14-34  and to make other decisions of substantial legal significance
  14-35  concerning the child;
  14-36              (5)  the right to consent to marriage and to enlistment
  14-37  in the armed forces of the United States;
  14-38              (6)  the right to make decisions concerning the child's
  14-39  education;
  14-40              (7)  the right to the services and earnings of the
  14-41  child; and
  14-42              (8) <(7)>  except when a guardian of the child's estate
  14-43  or a guardian or attorney ad litem has been appointed for the
  14-44  child, the right to act as an agent of the child in relation to the
  14-45  child's estate if the child's action is required by a state, the
  14-46  United States, or a foreign government.
  14-47        SECTION 34.  Section 153.371, Family Code, as added by House
  14-48  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  14-49  amended to read as follows:
  14-50        Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
  14-51  SOLE MANAGING CONSERVATOR.  Unless limited by court order or other
  14-52  provisions of this chapter, a nonparent, licensed child-placing
  14-53  agency, or authorized agency appointed as a managing conservator of
  14-54  the child has the following rights and duties:
  14-55              (1)  the right to have physical possession and <,> to
  14-56  direct the moral and religious training<, and to establish the
  14-57  primary residence> of the child;
  14-58              (2)  the duty of care, control, protection, and
  14-59  reasonable discipline of the child;
  14-60              (3)  the duty to provide the child with clothing, food,
  14-61  shelter, <and> education, and medical, psychological, and dental
  14-62  care;
  14-63              (4)  the right to consent for the child to medical,
  14-64  psychiatric, psychological, dental, and surgical treatment;
  14-65              (5)  the right to receive and give receipt for payments
  14-66  for the support of the child and to hold or disburse funds for the
  14-67  benefit of the child;
  14-68              (6)  the right to the services and earnings of the
  14-69  child;
  14-70              (7)  the right to consent to marriage and to enlistment
   15-1  in the armed forces of the United States;
   15-2              (8)  the right to represent the child in legal action
   15-3  and to make other decisions of substantial legal significance
   15-4  concerning the child;
   15-5              (9)  except when a guardian of the child's estate or a
   15-6  guardian or attorney ad litem has been appointed for the child, the
   15-7  right to act as an agent of the child in relation to the child's
   15-8  estate if the child's action is required by a state, the United
   15-9  States, or a foreign government; <and>
  15-10              (10)  the right to establish the primary residence of
  15-11  the child and to make decisions regarding the child's education;
  15-12  and
  15-13              (11)  if the parent-child relationship has been
  15-14  terminated with respect to the parents, or only living parent, or
  15-15  if there is no living parent, the right to consent to the adoption
  15-16  of the child and to make any other decision concerning the child
  15-17  that a parent could make.
  15-18        SECTION 35.  Section 153.256, Family Code, as added by House
  15-19  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  15-20  amended to read as follows:
  15-21        Sec. 153.256.  FACTORS FOR COURT TO CONSIDER.  In ordering
  15-22  the terms of possession of a child under an order other than a
  15-23  standard possession order, the court shall be guided by the
  15-24  guidelines established by the standard possession order and may
  15-25  consider:
  15-26              (1)  the age, developmental status, circumstances,
  15-27  needs, and best interest of the child;
  15-28              (2)  the circumstances of the managing conservator and
  15-29  of the parent named as a possessory conservator; and
  15-30              (3)  any other relevant factor.
  15-31        SECTION 36.  Section 153.313, Family Code, as added by House
  15-32  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  15-33  amended to read as follows:
  15-34        Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART.  If
  15-35  the possessory conservator resides more than 100 miles from the
  15-36  residence of the child, the possessory conservator shall have the
  15-37  right to possession of the child as follows:
  15-38              (1)  either regular weekend possession beginning on the
  15-39  first, third, and fifth Friday as provided under the terms
  15-40  applicable to parents who reside 100 miles or less apart or not
  15-41  more than one weekend per month of the possessory conservator's
  15-42  choice beginning at 6 p.m. on the day school recesses for the
  15-43  weekend and ending at 6 p.m. on the day before school resumes after
  15-44  the weekend, provided that the possessory conservator gives the
  15-45  managing conservator 14 <seven> days' written or telephonic notice
  15-46  preceding a designated weekend, and provided that the possessory
  15-47  conservator elects an option for this alternative period of
  15-48  possession by written notice given to the managing conservator
  15-49  within 90 days after the parties begin to reside more than 100
  15-50  miles apart, as applicable;
  15-51              (2)  each year beginning on the day the child is
  15-52  dismissed from school for the school's spring vacation and ending
  15-53  at 6 p.m. on the day before school resumes after that vacation;
  15-54              (3)  if the possessory conservator:
  15-55                    (A)  gives the managing conservator written
  15-56  notice by May 1 of each year specifying an extended period or
  15-57  periods of summer possession, the possessory conservator shall have
  15-58  possession of the child for 42 days beginning not earlier than the
  15-59  day after the child's school is dismissed for the summer vacation
  15-60  and ending not later than seven days before school resumes at the
  15-61  end of the summer vacation, to be exercised in not more than two
  15-62  separate periods of at least seven consecutive days each; or
  15-63                    (B)  does not give the managing conservator
  15-64  written notice by May 1 of each year specifying an extended period
  15-65  or periods of summer possession, the possessory conservator shall
  15-66  have possession of the child for 42 consecutive days beginning at 6
  15-67  p.m.  on June 15 and ending at 6 p.m. on July 27;
  15-68              (4)  if the managing conservator gives the possessory
  15-69  conservator written notice by June 1 of each year the managing
  15-70  conservator shall have possession of the child on one weekend
   16-1  beginning Friday at 6 p.m. and ending at 6 p.m.  on the following
   16-2  Sunday during one period of possession by the possessory
   16-3  conservator under Subdivision (3), provided that if a period of
   16-4  possession by the possessory conservator exceeds 30 days, the
   16-5  managing conservator may have possession of the child under the
   16-6  terms of this subdivision on two nonconsecutive weekends during
   16-7  that time period, and further provided that the managing
   16-8  conservator picks up the child from the possessory conservator and
   16-9  returns the child to that same place; and
  16-10              (5)  if the managing conservator gives the possessory
  16-11  conservator written notice by June 1 <May 15> of each year <or
  16-12  gives the possessory conservator 30 days' written notice on or
  16-13  after May 16 of each year>, the managing conservator may designate
  16-14  21 days beginning not earlier than the day after the child's school
  16-15  is dismissed for the summer vacation and ending not later than
  16-16  seven days before school resumes at the end of the summer vacation,
  16-17  to be exercised in not more than two separate periods of at least
  16-18  seven consecutive days each, during which the possessory
  16-19  conservator may not have possession of the child, provided that the
  16-20  period or periods so designated do not interfere with the
  16-21  possessory conservator's period or periods of extended summer
  16-22  possession or with Father's Day if the possessory conservator is
  16-23  the father of the child.
  16-24        SECTION 37.  Section 153.316, Family Code, as added by House
  16-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  16-26  amended to read as follows:
  16-27        Sec. 153.316.  GENERAL TERMS AND CONDITIONS.  The court shall
  16-28  order the following general terms and conditions of possession of a
  16-29  child to apply without regard to the distance between the residence
  16-30  of a parent and the child:
  16-31              (1)  the managing conservator shall surrender the child
  16-32  to the possessory conservator at the beginning of each period of
  16-33  the possessory conservator's possession at the residence of the
  16-34  managing conservator;
  16-35              (2)  if the possessory conservator elects to begin a
  16-36  period of possession at the time the child's school is regularly
  16-37  dismissed, the managing conservator shall surrender the child to
  16-38  the possessory conservator at the beginning of each period of
  16-39  possession at the school in which the child is enrolled;
  16-40              (3)  the possessory conservator shall be ordered to do
  16-41  one of the following:
  16-42                    (A)  the possessory conservator shall surrender
  16-43  the child to the managing conservator at the end of each period of
  16-44  possession at the residence of the possessory conservator; or
  16-45                    (B)  the possessory conservator shall return the
  16-46  child to the residence of the managing conservator at the end of
  16-47  each period of possession, except that the order shall provide that
  16-48  the possessory conservator shall surrender the child to the
  16-49  managing conservator at the end of each period of possession at the
  16-50  residence of the possessory conservator if:
  16-51                          (i)  the possessory conservator's county of
  16-52  residence remains the same after the rendition of the order
  16-53  establishing terms and conditions of possession and access, and
  16-54  <if> the managing conservator's county of residence changes <should
  16-55  change>, effective on the date of the change of residence by the
  16-56  managing conservator; or
  16-57                          (ii)  the possessory conservator and
  16-58  managing conservator lived in the same residence at any time during
  16-59  a six-month period preceding the date on which a suit for
  16-60  dissolution of the marriage was filed and the possessory
  16-61  conservator's county of residence remains the same and the managing
  16-62  conservator's county of residence changes after they no longer live
  16-63  in the same residence, effective on the date the order is
  16-64  rendered<, the possessory conservator shall surrender the child to
  16-65  the managing conservator at the end of each period of possession at
  16-66  the residence of the possessory conservator>;
  16-67              (4)  if the possessory conservator elects to end a
  16-68  period of possession at the time the child's school resumes, the
  16-69  possessory conservator shall surrender the child to the managing
  16-70  conservator at the end of each period of possession at the school
   17-1  in which the child is enrolled;
   17-2              (5)  each conservator shall return with the child the
   17-3  personal effects that the child brought at the beginning of the
   17-4  period of possession;
   17-5              (6)  either parent may designate a competent adult to
   17-6  pick up and return the child, as applicable; a parent or a
   17-7  designated competent adult shall be present when the child is
   17-8  picked up or returned;
   17-9              (7)  a parent shall give notice to the person in
  17-10  possession of the child on each occasion that the parent will be
  17-11  unable to exercise that parent's right of possession for a
  17-12  specified period;
  17-13              (8)  written notice shall be deemed to have been timely
  17-14  made if received or postmarked before or at the time that notice is
  17-15  due; and
  17-16              (9)  if a conservator's time of possession of a child
  17-17  ends at the time school resumes and for any reason the child is not
  17-18  or will not be returned to school, the conservator in possession of
  17-19  the child shall immediately notify the school and the other
  17-20  conservator that the child will not be or has not been returned to
  17-21  school.
  17-22        SECTION 38.  Section 153.374(a), Family Code, as added by
  17-23  House Bill 655, Acts of the 74th Legislature, Regular Session,
  17-24  1995, is amended to read as follows:
  17-25        (a)  A parent may designate a competent person, authorized
  17-26  agency, or licensed child-placing agency to serve as managing
  17-27  conservator of the child in an unrevoked or irrevocable affidavit
  17-28  of relinquishment of parental rights executed as provided by
  17-29  Chapter 161 <22>.
  17-30        SECTION 39.  Section 154.001, Family Code, as added by House
  17-31  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  17-32  amended to read as follows:
  17-33        Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order
  17-34  either or both parents to support a child in the manner specified
  17-35  by the order:
  17-36              (1)  until the child is 18 years of age or until
  17-37  graduation from high school, whichever occurs later;
  17-38              (2)  until the child is emancipated through marriage,
  17-39  through removal of the disabilities of minority by court order, or
  17-40  by other operation of law;
  17-41              (3)  until the death of the child; or
  17-42              (4)  if the child is disabled as defined in this
  17-43  chapter, for an indefinite period.
  17-44        (b)  The court may order either or both parents to make
  17-45  periodic payments for the support of a child in a proceeding in
  17-46  which the Department of Protective and Regulatory Services is named
  17-47  temporary managing conservator.  In a proceeding in which the
  17-48  Department of Protective and Regulatory Services is named permanent
  17-49  managing conservator of a child whose parents' rights have not been
  17-50  terminated, the court shall order each parent that is financially
  17-51  able to make periodic payments for the support of the child.
  17-52        SECTION 40.  Subchapter A, Chapter 154, Family Code, as added
  17-53  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  17-54  1995, is amended by adding Section 154.011 to read as follows:
  17-55        Sec. 154.011.  SUPPORT NOT CONDITIONED ON POSSESSION OR
  17-56  ACCESS.  A court may not render an order that conditions the
  17-57  payment of child support on whether a managing conservator allows a
  17-58  possessory conservator to have possession of or access to a child.
  17-59        SECTION 41.  Section 154.062(d), Family Code, as added by
  17-60  House Bill 655, Acts of the 74th Legislature, Regular Session,
  17-61  1995, is amended to read as follows:
  17-62        (d)  The court shall deduct the following items from
  17-63  resources to determine the net resources available for child
  17-64  support:
  17-65              (1)  social security taxes;
  17-66              (2)  federal income tax based on the tax rate for a
  17-67  single person claiming one personal exemption and the standard
  17-68  deduction;
  17-69              (3)  state income tax;
  17-70              (4)  union dues; and
   18-1              (5) <(4)>  expenses for health insurance coverage for
   18-2  the obligor's child.
   18-3        SECTION 42.  Section 154.241, Family Code, as added by House
   18-4  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   18-5  amended by adding Subsection (e) to read as follows:
   18-6        (e)  Subject to Section 154.004, at the request of an
   18-7  obligee, a local registry shall redirect and forward a child
   18-8  support payment to an address and in care of a person or entity
   18-9  designated by the obligee.  A local registry may require that the
  18-10  obligee's request be in writing or be made on a form provided by
  18-11  the local registry for that purpose, but may not charge a fee for
  18-12  receiving the request or redirecting the payments as requested.
  18-13        SECTION 43.  Subchapter F, Chapter 154, Family Code, as added
  18-14  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  18-15  1995, is amended by adding Section 154.309 to read as follows:
  18-16        Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT DISABLED
  18-17  CHILD.  (a)  A court may render an order for the possession of or
  18-18  access to an adult disabled child that is appropriate under the
  18-19  circumstances.
  18-20        (b)  Possession of or access to an adult disabled child is
  18-21  enforceable in the manner provided by Chapter 157.  An adult
  18-22  disabled child may refuse possession or access if the adult
  18-23  disabled child is mentally competent.
  18-24        (c)  A court that obtains continuing, exclusive jurisdiction
  18-25  of a suit affecting the parent-child relationship involving a
  18-26  disabled person who is a child retains continuing, exclusive
  18-27  jurisdiction of subsequent proceedings involving the person,
  18-28  including proceedings after the person is an adult.
  18-29        SECTION 44.  Sections 155.101(a), (b), and (d), Family Code,
  18-30  as added by House Bill 655, Acts of the 74th Legislature, Regular
  18-31  Session, 1995, are amended to read as follows:
  18-32        (a)  The petitioner or the court shall request from the
  18-33  bureau of vital statistics <Department of Protective and Regulatory
  18-34  Services> identification of the court that last had continuing,
  18-35  exclusive jurisdiction of the child in a suit unless:
  18-36              (1)  the petition alleges that no court has continuing,
  18-37  exclusive jurisdiction of the child and the issue is not disputed
  18-38  by the pleadings; or
  18-39              (2)  the petition alleges that the court in which the
  18-40  suit, petition for further remedy, or petition to modify has been
  18-41  filed has acquired and retains continuing, exclusive jurisdiction
  18-42  of the child as the result of a prior proceeding and the issue is
  18-43  not disputed by the pleadings.
  18-44        (b)  The bureau of vital statistics <department> shall, on
  18-45  the written request of the court, an attorney, or a party:
  18-46              (1)  identify the court that last had continuing,
  18-47  exclusive jurisdiction of the child in a suit and give the docket
  18-48  number of the suit; or
  18-49              (2)  state that the child has not been the subject of a
  18-50  suit.
  18-51        (d)  The bureau of vital statistics <department> shall
  18-52  transmit the information not later than the 10th day after the date
  18-53  on which the request is received.
  18-54        SECTION 45.  Section 155.103, Family Code, as added by House
  18-55  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  18-56  amended to read as follows:
  18-57        Sec. 155.103.  RELIANCE ON BUREAU OF VITAL STATISTICS
  18-58  <DEPARTMENT> INFORMATION.  (a)  A court shall have jurisdiction
  18-59  over a suit if it has been, correctly or incorrectly, informed by
  18-60  the bureau of vital statistics <Department of Protective and
  18-61  Regulatory Services> that the child has not been the subject of a
  18-62  suit and the petition states that no other court has continuing,
  18-63  exclusive jurisdiction over the child.
  18-64        (b)  If the bureau of vital statistics <department> notifies
  18-65  the court that the bureau <department> has furnished incorrect
  18-66  information regarding the existence of another court with
  18-67  continuing, exclusive jurisdiction before the rendition of a final
  18-68  order, the provisions of this chapter apply.
  18-69        SECTION 46.  Section 155.104, Family Code, as added by House
  18-70  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   19-1  amended to read as follows:
   19-2        Sec. 155.104.  VOIDABLE ORDER.  (a)  If a request for
   19-3  information from the bureau of vital statistics <Department of
   19-4  Protective and Regulatory Services> relating to the identity of the
   19-5  court having continuing, exclusive jurisdiction of the child has
   19-6  been made under this subchapter, a final order, except an order of
   19-7  dismissal, may not be rendered until the information is filed with
   19-8  the court.
   19-9        (b)  If a final order is rendered in the absence of the
  19-10  filing of the information from the bureau of vital statistics
  19-11  <department>, the order is voidable on a showing that a court other
  19-12  than the court that rendered the order had continuing, exclusive
  19-13  jurisdiction.
  19-14        SECTION 47.  Section 156.101, Family Code, as added by House
  19-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  19-16  amended to read as follows:
  19-17        Sec. 156.101.  GROUNDS FOR MODIFICATION OF SOLE MANAGING
  19-18  CONSERVATORSHIP.  (a) The court may modify an order that designates
  19-19  a sole managing conservator of a child of any age if:
  19-20              (1)  the circumstances of the child, sole managing
  19-21  conservator, possessory conservator, or other party affected by the
  19-22  order have materially and substantially changed since the date of
  19-23  the rendition of the order;  and
  19-24              (2)  <the retention of the present sole managing
  19-25  conservator would be injurious to the welfare of the child; and>
  19-26              <(3)>  the appointment of the new sole managing
  19-27  conservator would be a positive improvement for the child.
  19-28        (b)  The court may modify an order that designates a sole
  19-29  managing conservator of a child 12 years of age or older if:
  19-30              (1)  the child has filed with the court in writing the
  19-31  name of the person who is the child's choice for managing
  19-32  conservator;  and
  19-33              (2)  the court finds that the appointment of the named
  19-34  person is in the best interest of the child.
  19-35        SECTION 48.  Section 156.203, Family Code, as added by House
  19-36  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  19-37  amended to read as follows:
  19-38        Sec. 156.203.  MODIFICATION FROM JOINT MANAGING
  19-39  CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP.  The court may
  19-40  replace a joint managing conservatorship with a sole managing
  19-41  conservatorship if:
  19-42              (1)(A)  the child's present living environment may
  19-43  endanger the child's physical health or significantly impair the
  19-44  child's emotional development <welfare of the child is a matter of
  19-45  immediate and serious concern>;
  19-46                    (B)  there has been a substantial and unexcused
  19-47  violation of the terms and conditions established in the existing
  19-48  conservatorship order; or
  19-49                    (C)  the circumstances of the child or of one or
  19-50  both of the joint managing conservators have so materially and
  19-51  substantially changed since the rendition of the order that it has
  19-52  become unworkable or inappropriate under existing circumstances;
  19-53  and
  19-54              (2)  the appointment of a sole managing conservator
  19-55  would be a positive improvement for and in the best interest of the
  19-56  child.
  19-57        SECTION 49.  Section 157.062(c), Family Code, as added by
  19-58  House Bill 655, Acts of the 74th Legislature, Regular Session,
  19-59  1995, is amended to read as follows:
  19-60        (c)  Notice <Except as provided in this chapter, the notice>
  19-61  of hearing on a motion for enforcement of an existing order
  19-62  providing for child support or possession of or access to a child
  19-63  shall be given to the respondent by personal service of a copy of
  19-64  the motion and notice not later than the 10th day before the date
  19-65  of the hearing.
  19-66        SECTION 50.  Section 157.066, Family Code, as added by House
  19-67  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  19-68  amended to read as follows:
  19-69        Sec. 157.066.  FAILURE TO APPEAR.  <(a)>  If a respondent who
  19-70  has been personally served with <sent> notice <by first class mail>
   20-1  to appear at a hearing does not appear at the designated time,
   20-2  place, and date to respond to a motion for enforcement of an
   20-3  existing court order, regardless of whether the motion is joined
   20-4  with other claims or remedies, the court may not hold the
   20-5  respondent in contempt but may, on proper proof, grant a default
   20-6  judgment for the relief sought and <personal service of notice of a
   20-7  hearing shall be attempted.>
   20-8        <(b)  The court shall> issue a capias for the arrest of the
   20-9  respondent <a party if:>
  20-10              <(1)  the party is allegedly in arrears in
  20-11  court-ordered child support payments;>
  20-12              <(2)  the party has been ordered as provided in Chapter
  20-13  105 to provide the clerk of the court with the party's current
  20-14  mailing address;>
  20-15              <(3)  the party did not appear at the hearing; and>
  20-16              <(4)  subsequently an attempt to serve notice of the
  20-17  hearing by personal service on the party has been unsuccessful
  20-18  despite diligent efforts to serve process at the latest address on
  20-19  file with the clerk and at any other address known to the moving
  20-20  party at which the respondent may be served>.
  20-21        SECTION 51.  Section 157.115(a), Family Code, as added by
  20-22  House Bill 655, Acts of the 74th Legislature, Regular Session,
  20-23  1995, is amended to read as follows:
  20-24        (a)  The court may render a default order for the relief
  20-25  requested if the respondent:
  20-26              (1)  has been personally served,<;>
  20-27              <(2)>  has filed an answer, or has entered an
  20-28  appearance; and
  20-29              (2) <(3)>  does not appear at the designated time,
  20-30  place, and date to respond to the motion.
  20-31        SECTION 52.  Subchapter D, Chapter 157, Family Code, as added
  20-32  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  20-33  1995, is amended by adding Section 157.168 to read as follows:
  20-34        Sec. 157.168.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  A
  20-35  court may order additional periods of possession of or access to a
  20-36  child to compensate for the denial of court-ordered possession or
  20-37  access.
  20-38        SECTION 53.  Section 157.265, Family Code, as added by House
  20-39  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  20-40  amended to read as follows:
  20-41        Sec. 157.265.  ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
  20-42  SUPPORT.  (a)  Interest accrues on delinquent child support at the
  20-43  rate of 12 percent simple interest per year from the date the
  20-44  support is delinquent until the date the support is paid or the
  20-45  arrearages are confirmed and reduced to money judgment.
  20-46        (b)  Interest accrues on child support arrearages that have
  20-47  been confirmed and reduced to money judgment as provided in this
  20-48  subchapter at the rate of 12 percent simple interest per year from
  20-49  the date the order is rendered until the date the judgment is paid.
  20-50        (c)  Interest accrues on a money judgment for retroactive or
  20-51  lump-sum child support at the annual rate of 12 percent simple
  20-52  interest from the date the order is rendered until the judgment is
  20-53  paid.
  20-54        SECTION 54.  Subchapter F, Chapter 157, Family Code, as added
  20-55  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  20-56  1995, is amended by adding Section 157.269 to read as follows:
  20-57        Sec. 157.269.  RETENTION OF JURISDICTION.  A court that
  20-58  renders an order providing for the payment of child support
  20-59  arrearages retains jurisdiction until the arrearages are paid in
  20-60  full as required by the court order.
  20-61        SECTION 55.  Subchapter A, Chapter 158, Family Code, as added
  20-62  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  20-63  1995, is amended by adding Section 158.011 to read as follows:
  20-64        Sec. 158.011.  VOLUNTARY WITHHOLDING BY OBLIGOR.  (a)  An
  20-65  obligor may file with the clerk of the court a notarized request
  20-66  signed by the obligor and the obligee for the issuance and delivery
  20-67  to the obligor's employer of a writ of withholding.  A request may
  20-68  be filed under this section regardless of whether a notice of
  20-69  delinquency has been served on any party or of the existence or
  20-70  amount of an arrearage.
   21-1        (b)  On receipt of a request under this section, the clerk
   21-2  shall issue and deliver a writ of withholding in the manner
   21-3  provided by this chapter.
   21-4        (c)  An employer that receives a writ of withholding issued
   21-5  under this section may request a hearing in the same manner and
   21-6  according to the same terms provided by Section 158.205.
   21-7        (d)  An obligor whose employer receives a writ of withholding
   21-8  issued under this section may request a hearing in the manner
   21-9  provided by Section 158.309.
  21-10        (e)  An obligee may contest a writ of withholding issued
  21-11  under this section by requesting, not later than the 180th day
  21-12  after the date on which the obligee discovers that the writ has
  21-13  been issued, a hearing in the manner provided by Section 158.309.
  21-14        (f)  A writ of withholding under this section may not reduce
  21-15  the total amount of child support, including arrearages, owed by
  21-16  the obligor.
  21-17        SECTION 56.  Subchapter B, Chapter 158, Family Code, as added
  21-18  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  21-19  1995, is amended by adding Section 158.107 to read as follows:
  21-20        Sec. 158.107.  FEES FOR ISSUING AND DELIVERING WRIT.  The
  21-21  clerk of the court may charge a fee in a reasonable amount set by
  21-22  the clerk, not to exceed $15, for each writ issued and delivered
  21-23  under this chapter to an employer by mail.
  21-24        SECTION 57.  Section 158.301(b), Family Code, as added by
  21-25  House Bill 655, Acts of the 74th Legislature, Regular Session,
  21-26  1995, is amended to read as follows:
  21-27        (b)  The notice of withholding may be filed in the court of
  21-28  continuing jurisdiction by:
  21-29              (1)  the Title IV-D agency;
  21-30              (2)  the attorney representing the local domestic
  21-31  relations office;
  21-32              (3)  the attorney appointed a friend of the court as
  21-33  provided in Chapter 202; <or>
  21-34              (4)  the obligor or obligee; or
  21-35              (5)  a private attorney representing the obligor or
  21-36  obligee.
  21-37        SECTION 58.  Section 158.303, Family Code, as added by House
  21-38  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  21-39  amended to read as follows:
  21-40        Sec. 158.303.  INTERSTATE REQUEST FOR INCOME WITHHOLDING.
  21-41  (a)  In a Title IV-D case, the registration of a foreign support
  21-42  order as provided in Chapter 159 <160> is sufficient for the filing
  21-43  of a notice of withholding.
  21-44        (b)  The notice shall be filed with the clerk of the court
  21-45  having venue as provided in Chapter 159 <160>.
  21-46        (c)  Notice of withholding may be delivered to the obligor at
  21-47  the same time that an order is filed for registration under Chapter
  21-48  159 <160>.
  21-49        SECTION 59.  Section 158.309(b), Family Code, as added by
  21-50  House Bill 655, Acts of the 74th Legislature, Regular Session,
  21-51  1995, is amended to read as follows:
  21-52        (b)  The court shall hold a hearing on the motion to stay not
  21-53  later than the 30th day after the date the motion was filed, except
  21-54  that a hearing on a motion to stay in a proceeding that is not in a
  21-55  Title IV-D case may be held later than the 30th day after filing if
  21-56  both the obligor and obligee agree and waive the right to have the
  21-57  motion heard within 30 days.
  21-58        SECTION 60.  Subchapter D, Chapter 158, Family Code, as added
  21-59  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  21-60  1995, is amended by adding Section 158.319 to read as follows:
  21-61        Sec. 158.319.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
  21-62  TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a writ of
  21-63  withholding by the clerk, an attorney authorized to file a notice
  21-64  of withholding under this subchapter may issue the writ of
  21-65  withholding to a subsequent employer of the obligor by delivering
  21-66  to the employer by certified mail a copy of the writ.
  21-67        (b)  The writ must include the name, address, and signature
  21-68  of the attorney and clearly indicate that the writ is being issued
  21-69  to a subsequent employer.
  21-70        (c)  The attorney shall file a copy of the writ with the
   22-1  clerk not later than the third working day following delivery of
   22-2  the writ to the subsequent employer.  The attorney shall pay the
   22-3  clerk a fee of $15 at the time the copy of the writ is filed.
   22-4        (d)  The attorney shall file the postal return receipt from
   22-5  the delivery to the subsequent employer not later than the third
   22-6  working day after the attorney receives the receipt.
   22-7        SECTION 61.  Subchapter E, Chapter 158, Family Code, as added
   22-8  by House Bill 655, Acts of the 74th Legislature, Regular Session,
   22-9  1995, is amended by adding new Sections 158.402 and 158.403 and
  22-10  redesignating existing Sections 158.402 and 158.403 to read as
  22-11  follows:
  22-12        Sec. 158.402.  EFFECT OF AGREEMENT BY PARTIES.  If an obligor
  22-13  and obligee agree on a reduction in or termination of child
  22-14  support, the obligor and obligee may file a notarized request with
  22-15  the clerk of the court under Section 158.011.  The clerk shall
  22-16  issue and deliver a writ of withholding to the obligor's employer
  22-17  that reflects the agreed modification or the termination of
  22-18  withholding.
  22-19        Sec. 158.403.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
  22-20  IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates
  22-21  voluntary withholding under Section 158.011, the obligee or an
  22-22  agency providing child support services may file with the clerk of
  22-23  the court a notarized request signed by the obligor and the obligee
  22-24  or agency, as appropriate, for the issuance and delivery to the
  22-25  obligor of a:
  22-26              (1)  modified writ of withholding that reduces the
  22-27  amount of withholding; or
  22-28              (2)  notice of termination of withholding.
  22-29        (b)  On receipt of a request under this section, the clerk
  22-30  shall issue and deliver a modified writ of withholding or notice of
  22-31  termination in the manner provided by Section 158.402.
  22-32        (c)  The clerk may charge a reasonable fee not to exceed $15
  22-33  for filing the request.
  22-34        (d)  An obligee may contest a modified writ of withholding or
  22-35  notice of termination issued under this section by requesting a
  22-36  hearing in the manner provided by Section 158.309 not later than
  22-37  the 180th day after the date the obligee discovers that the writ or
  22-38  notice has been issued.
  22-39        Sec. 158.404  <158.402>.  DELIVERY OF ORDER OF REDUCTION OR
  22-40  TERMINATION OF WITHHOLDING.  If a court has rendered an order that
  22-41  reduces the amount of child support to be withheld or terminates
  22-42  withholding for child support, any person or governmental entity
  22-43  may deliver to the employer a certified copy of the order without
  22-44  the requirement that the clerk of the court deliver the order.
  22-45        Sec. 158.405 <158.403>.  LIABILITY OF EMPLOYERS.  The
  22-46  provisions of this chapter regarding the liability of employers for
  22-47  withholding apply to an order that reduces or terminates
  22-48  withholding.
  22-49        SECTION 62.  Section 160.101, Family Code, as added by House
  22-50  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  22-51  amended to read as follows:
  22-52        Sec. 160.101.  DENIAL OF PATERNITY.  (a)  The presumption
  22-53  that a <A> man <who> is the biological <a presumed> father of a
  22-54  child under Chapter 151 may be contested by:
  22-55              (1)  <,> the biological mother of the child;
  22-56              (2)  a man presumed to be the father of the child, who
  22-57  may contest his own or another man's presumed paternity;
  22-58              (3)  a man alleging himself to be the biological father
  22-59  of the child; or
  22-60              (4)  <, or> a governmental entity, authorized agency,
  22-61  or a licensed child-placing agency <is entitled in a suit to deny a
  22-62  presumed father's paternity of the child>.
  22-63        (b)  A contest <The question> of paternity <under this
  22-64  section> must be raised by an express statement denying paternity
  22-65  of the child in a party's pleadings in the suit, without regard to
  22-66  whether the presumed father or biological mother is a petitioner or
  22-67  respondent.
  22-68        (c) <(b)>  In a suit in which a question of paternity is
  22-69  raised <under this section>, the court shall conduct the pretrial
  22-70  proceedings and order scientifically accepted paternity testing as
   23-1  <required in a suit> provided by  this chapter.
   23-2        SECTION 63.  Section 160.110, Family Code, as added by House
   23-3  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   23-4  amended by amending Subsection (a) and adding Subsections (d)-(h)
   23-5  to read as follows:
   23-6        (a)  In a suit in which there is a presumption of parentage
   23-7  under Chapter 151, the party denying a presumed father's paternity
   23-8  of the child has the burden of rebutting the presumption of
   23-9  paternity by clear and convincing evidence.
  23-10        (d)  The court shall dismiss with prejudice a claim regarding
  23-11  a presumed father whose paternity is excluded by scientifically
  23-12  accepted paternity testing.
  23-13        (e)  If two or more presumptions are in conflict, the
  23-14  presumption that is founded on the weightier considerations of
  23-15  policy and logic controls.  The court shall find that the weightier
  23-16  presumption of paternity is that of a presumed father who is not
  23-17  excluded as the biological father of the child by scientifically
  23-18  accepted paternity testing that shows that at least 99 percent of
  23-19  the male population is excluded.
  23-20        (f)  The court shall dismiss a suit contesting a presumption
  23-21  of paternity filed by a man who is not a presumed father, but who
  23-22  alleges himself to be the biological father of a child, if:
  23-23              (1)  the suit is filed after the second anniversary of
  23-24  the later of:
  23-25                    (A)  the date of birth of the child; or
  23-26                    (B)  the time the presumption of paternity came
  23-27  into existence after the child was born; and
  23-28              (2)  the presumed father:
  23-29                    (A)  has resided in the same household as the
  23-30  child in a father-child relationship or has established a
  23-31  father-child relationship with the child through his other actions;
  23-32  and
  23-33                    (B)  requests an order designating him as the
  23-34  father of the child.
  23-35        (g)  A suit contesting a presumption that a man is the
  23-36  biological father of a child may be filed at any time during the
  23-37  minority of the child by:
  23-38              (1)  the biological mother of the child;
  23-39              (2)  a presumed father; or
  23-40              (3)  a governmental entity, authorized agency, or
  23-41  licensed child-placing agency.
  23-42        (h)  If a presumption of paternity is rebutted, the court
  23-43  shall enter an order finding that the man presumed to be the father
  23-44  of the child is not the biological father.
  23-45        SECTION 64.  Subchapter C, Chapter 160, Family Code, as added
  23-46  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  23-47  1995, is amended to read as follows:
  23-48                  SUBCHAPTER C.  VOLUNTARY PATERNITY
  23-49        Sec. 160.201.  VOLUNTARY PATERNITY.  (a)  If a statement of
  23-50  paternity has been executed by a man claiming to be the biological
  23-51  father of a child who has no presumed father, he, the mother of the
  23-52  child, or the child through a representative authorized by the
  23-53  court or a governmental entity may file a petition for an order
  23-54  adjudicating him as a parent of the child.  The statement of
  23-55  paternity must be attached to or filed with the petition.
  23-56        (b)  The court shall render an order ajudicating the child to
  23-57  be the biological child of the child's father and the father to be
  23-58  a parent of the child if the court finds that the statement of
  23-59  paternity was executed as provided by this chapter, and the facts
  23-60  stated are true.
  23-61        (c)  A suit for voluntary paternity may be joined with a suit
  23-62  for termination under Chapter 161.
  23-63        Sec. 160.202.  STATEMENT OF PATERNITY.  (a)  The statement of
  23-64  paternity authorized to be used by this subchapter must:
  23-65              (1)  be in writing;
  23-66              (2)  be signed by the man alleging himself to be the
  23-67  father of the child;
  23-68              (3)  state whether the man alleging himself to be the
  23-69  father is a minor; and
  23-70              (4)  clearly state that the man signing the statement
   24-1  acknowledges the child as his biological child.
   24-2        (b)  The statement may include a waiver of citation in a suit
   24-3  to establish the parent-child relationship and <but> may <not>
   24-4  include a waiver of the right to notice of the proceedings.
   24-5        (c)  The statement must be executed before a person
   24-6  authorized to administer oaths under the laws of this state.
   24-7        (d)  The statement may be signed before the birth of the
   24-8  child.
   24-9        (e)  The statement must include the social security number of
  24-10  the father.
  24-11        Sec. 160.203.  EFFECT OF STATEMENT OF PATERNITY.  (a)  A
  24-12  statement of paternity executed as provided by this subchapter is
  24-13  prima facie evidence that the child is the child of the person
  24-14  executing the statement and that the person has an obligation to
  24-15  support the child.
  24-16        (b)  If an alleged father's address is unknown or he is
  24-17  outside the jurisdiction of the court at the time a suit is
  24-18  instituted under this subchapter, his statement of paternity, in
  24-19  the absence of controverting evidence, is sufficient for the court
  24-20  to render an order establishing his paternity of the child.
  24-21        Sec. 160.204.  <NOTICE AFTER WAIVER OF SERVICE.    If the
  24-22  respondent does not answer or appear after signing a waiver of
  24-23  service of process as authorized by this subchapter, notice of the
  24-24  proceedings shall be given to the respondent by first class mail
  24-25  sent to the address supplied in the waiver.  The waiver shall be
  24-26  valid in a suit filed on or before the first anniversary of the
  24-27  date of signing.>
  24-28        <Sec. 160.205.>  DISPUTED PARENTAGE.  If the paternity of the
  24-29  child is uncertain or is disputed by a party in a suit filed under
  24-30  this subchapter, the provisions of Subchapter B apply.
  24-31        Sec. 160.205 <Sec. 160.206>.  VALIDATION OF PRIOR STATEMENTS.
  24-32  A statement acknowledging paternity or an obligation to support a
  24-33  child that was signed by the father before January 1, 1974, is
  24-34  valid and binding even though the statement is not executed as
  24-35  provided by this subchapter.
  24-36        SECTION 65.  Section 161.001, Family Code, as added by House
  24-37  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  24-38  amended to read as follows:
  24-39        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
  24-40  RELATIONSHIP.  The court may order termination of the parent-child
  24-41  relationship if the court finds by clear and convincing evidence
  24-42  <that>:
  24-43              (1)  that the parent has:
  24-44                    (A)  voluntarily left the child alone or in the
  24-45  possession of another not the parent and expressed an intent not to
  24-46  return;
  24-47                    (B)  voluntarily left the child alone or in the
  24-48  possession of another not the parent without expressing an intent
  24-49  to return, without providing for the adequate support of the child,
  24-50  and remained away for a period of at least three months;
  24-51                    (C)  voluntarily left the child alone or in the
  24-52  possession of another without providing adequate support of the
  24-53  child and remained away for a period of at least six months;
  24-54                    (D)  knowingly placed or knowingly allowed the
  24-55  child to remain in conditions or surroundings which endanger the
  24-56  physical or emotional well-being of the child;
  24-57                    (E)  engaged in conduct or knowingly placed the
  24-58  child with persons who engaged in conduct which endangers the
  24-59  physical or emotional well-being of the child;
  24-60                    (F)  failed to support the child in accordance
  24-61  with his ability during a period of one year ending within six
  24-62  months of the date of the filing of the petition;
  24-63                    (G)  abandoned the child without identifying the
  24-64  child or furnishing means of identification, and the child's
  24-65  identity cannot be ascertained by the exercise of reasonable
  24-66  diligence;
  24-67                    (H)  voluntarily, and with knowledge of the
  24-68  pregnancy, abandoned the mother of the child beginning at a time
  24-69  during her pregnancy with the child and continuing through the
  24-70  birth, failed to provide adequate support or medical care for the
   25-1  mother during the period of abandonment before the birth of the
   25-2  child, and remained apart from the child or failed to support the
   25-3  child since the birth;
   25-4                    (I)  contumaciously refused to submit to a
   25-5  reasonable and lawful order of a court under Chapter 264;
   25-6                    (J)  been the major cause of:
   25-7                          (i)  the failure of the child to be
   25-8  enrolled in school as required by the Education Code; or
   25-9                          (ii)  the child's absence from the child's
  25-10  home without the consent of the parents or guardian for a
  25-11  substantial length of time or without the intent to return;
  25-12                    (K)  executed before or after the suit is filed
  25-13  an unrevoked or irrevocable affidavit of relinquishment of parental
  25-14  rights as provided by this chapter;
  25-15                    (L)  been adjudicated to be criminally
  25-16  responsible for the death or serious injury of a child <another of
  25-17  his or her children>; <or>
  25-18                    (M)  had his or her parent-child relationship
  25-19  terminated with respect to another child based on a finding that
  25-20  the parent's conduct was in violation of Paragraph (D) or (E); or
  25-21                    (N)  constructively abandoned the child who has
  25-22  been in the permanent or temporary managing conservatorship of the
  25-23  Department of Protective and Regulatory Services or an authorized
  25-24  agency for not less than one year, and:
  25-25                          (i)  the department or authorized agency
  25-26  has made reasonable efforts to return the child to the parent;
  25-27                          (ii)  the parent has not visited or
  25-28  maintained contact with the child; and
  25-29                          (iii)  the parent has demonstrated an
  25-30  inability to provide the child with a safe environment; and
  25-31              (2)  that termination is in the best interest of the
  25-32  child.
  25-33        SECTION 66.  Section 161.002(b), Family Code, as added by
  25-34  House Bill 655, Acts of the 74th Legislature, Regular Session,
  25-35  1995, is amended to read as follows:
  25-36        (b)  The rights of an alleged biological father may be
  25-37  terminated if, after being served with citation, he does not
  25-38  respond by timely filing an admission of paternity or a
  25-39  counterclaim for paternity under Chapter 160 <159> prior to the
  25-40  final hearing in the suit.
  25-41        SECTION 67.  Section 161.003(a), Family Code, as added by
  25-42  House Bill 655, Acts of the 74th Legislature, Regular Session,
  25-43  1995, is amended to read as follows:
  25-44        (a)  The court may order termination of the parent-child
  25-45  relationship in a suit filed by the Department of Protective and
  25-46  Regulatory Services if the court finds that:
  25-47              (1)  the parent has a mental or emotional illness or a
  25-48  mental deficiency that renders the parent unable to provide for the
  25-49  physical, emotional, and mental needs of the child;
  25-50              (2)  the illness or deficiency, in all reasonable
  25-51  probability, proved by clear and convincing evidence, will continue
  25-52  to render the parent unable to provide for the child's needs until
  25-53  the 18th birthday of the child;
  25-54              (3)  the department has been the temporary or sole
  25-55  <permanent> managing conservator of the child of the parent for the
  25-56  six months preceding the filing of the petition; <and>
  25-57              (4)  the department has made reasonable efforts to
  25-58  return the child to the parent; and
  25-59              (5)  the termination is in the best interest of the
  25-60  child.
  25-61        SECTION 68.  Section 161.005, Family Code, as added by House
  25-62  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  25-63  amended to read as follows:
  25-64        Sec. 161.005.  TERMINATION WHEN PARENT IS PETITIONER.  (a)  A
  25-65  parent may file a suit for termination of the petitioner's
  25-66  parent-child relationship.  The court may order termination if
  25-67  termination is in the best interest of the child.
  25-68        (b)  If the petition designates the Department of Protective
  25-69  and Regulatory Services as managing conservator, the department
  25-70  shall be given service of citation.  The court shall notify the
   26-1  department if the court appoints the department as the managing
   26-2  conservator of the child.
   26-3        SECTION 69.  Section 161.103(a), Family Code, as added by
   26-4  House Bill 655, Acts of the 74th Legislature, Regular Session,
   26-5  1995, is amended to read as follows:
   26-6        (a)  An affidavit for voluntary relinquishment of parental
   26-7  rights must be:
   26-8              (1)  signed after the birth of the child, but not
   26-9  before 48 hours after the birth of the child, by the parent,
  26-10  whether or not a minor, whose parental rights are to be
  26-11  relinquished;
  26-12              (2)  witnessed by two credible persons; and
  26-13              (3)  verified before a person authorized to take oaths.
  26-14        SECTION 70.  Section 161.104, Family Code, as added by House
  26-15  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  26-16  amended to read as follows:
  26-17        Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
  26-18  PENDING COURT APPOINTMENT.  A person, licensed child-placing
  26-19  agency, or authorized agency designated managing conservator of a
  26-20  child in an irrevocable or unrevoked affidavit of relinquishment
  26-21  has a right to possession of the child superior to the right of the
  26-22  person executing the affidavit, the right to consent to medical,
  26-23  <and> surgical, dental, and psychological treatment of the child,
  26-24  and the rights and duties given by Chapter 153 to a possessory
  26-25  conservator until such time as these rights and duties are modified
  26-26  or terminated by court order.
  26-27        SECTION 71.  Section 161.107(d), Family Code, as added by
  26-28  House Bill 655, Acts of the 74th Legislature, Regular Session,
  26-29  1995, is amended to read as follows:
  26-30        (d)  If the department is not able to locate a missing parent
  26-31  or a relative of that parent and sufficient information is
  26-32  available concerning the physical whereabouts of the parent or
  26-33  relative, the department shall request the state agency designated
  26-34  to administer a statewide plan for child support to use the
  26-35  parental locator service established under 42 U.S.C. Section 653 to
  26-36  determine the location of the missing parent or relative.
  26-37        SECTION 72.  Section 161.206(a), Family Code, as added by
  26-38  House Bill 655, Acts of the 74th Legislature, Regular Session,
  26-39  1995, is amended to read as follows:
  26-40        (a)  If the court finds grounds for termination of the
  26-41  parent-child relationship by clear and convincing evidence, it
  26-42  shall render an order terminating the parent-child relationship.
  26-43        SECTION 73.  Section 162.003, Family Code, as added by H.B.
  26-44  655, Acts of the 74th Legislature, Regular Session, 1995, is
  26-45  amended to read as follows:
  26-46        Sec. 162.003.  SOCIAL STUDY.  (a)  In a suit for adoption,
  26-47  including a suit in which a private agency or individual is
  26-48  responsible for placing the child for adoption, the court shall
  26-49  order a social study as provided in Chapter 107.
  26-50        (b)  The social study required by this section must include a
  26-51  complete investigation of the circumstances and condition of the
  26-52  home of a person petitioning for the adoption of a child under this
  26-53  chapter.
  26-54        (c)  The court shall order that the cost of the social study
  26-55  be paid by the person seeking to adopt the child who is the subject
  26-56  of the social study.
  26-57        SECTION 74.  Section 162.004, Family Code, as added by H.B.
  26-58  655, Acts of the 74th Legislature, Regular Session, 1995, is
  26-59  amended to read as follows:
  26-60        Sec. 162.004.  TIME FOR HEARING.  (a)  The court shall set
  26-61  the date for the hearing on the adoption at a time not before the
  26-62  40th day or later than the 60th day after the later of the date the
  26-63  social study is ordered or the date criminal history record
  26-64  information is requested under Section 162.0085.
  26-65        (b)  For good cause shown, the court may set the hearing at
  26-66  any date after the report is filed and the court has been notified
  26-67  of the criminal history record information for a person seeking to
  26-68  adopt the child <time that provides adequate time for filing the
  26-69  social study>.
  26-70        SECTION 75.  Subchapter A, Chapter 162, Family Code, as added
   27-1  by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
   27-2  is amended by adding Section 162.0085 to read as follows:
   27-3        Sec. 162.0085.  CRIMINAL HISTORY REPORT REQUIRED.  (a)  In a
   27-4  suit affecting the parent-child relationship in which an adoption
   27-5  is sought, the court shall order each person seeking to adopt the
   27-6  child to obtain that person's own criminal history record
   27-7  information.
   27-8        (b)  A person required to obtain information under Subsection
   27-9  (a) shall obtain the information in the manner provided by Section
  27-10  411.128, Government Code.
  27-11        SECTION 76.  Section 162.010(a), Family Code, as added by
  27-12  House Bill 655, Acts of the 74th Legislature, Regular Session,
  27-13  1995, is amended to read as follows:
  27-14        (a)  Unless the managing conservator is the petitioner, the
  27-15  written consent of a managing conservator to the adoption must be
  27-16  filed.  The court may waive the requirement of consent by the
  27-17  managing conservator if the court finds that the consent is being
  27-18  refused or has been revoked without good cause.  A hearing on the
  27-19  issue of consent shall be conducted by the court without a jury.
  27-20        SECTION 77.  Section 162.015, Family Code, as added by House
  27-21  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  27-22  amended to read as follows:
  27-23        Sec. 162.015.  RACE OR ETHNICITY.  (a)  In determining the
  27-24  best interest of the child, the court may not deny or delay the
  27-25  adoption or otherwise discriminate on the basis of race or
  27-26  ethnicity of the child or the prospective adoptive parents.
  27-27        (b)  This section does not apply to a person, entity, tribe,
  27-28  organization, or child custody proceeding subject to the Indian
  27-29  Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.).  In
  27-30  this subsection "child custody proceeding" has the meaning provided
  27-31  by 25 U.S.C. Section 1903.
  27-32        SECTION 78.  Section 162.021(b), Family Code, as added by
  27-33  House Bill 655, Acts of the 74th Legislature, Regular Session,
  27-34  1995, is amended to read as follows:
  27-35        (b)  Rendition of the order does not relieve the clerk from
  27-36  the duty to send information regarding <the files or petitions and
  27-37  decrees of> adoption to the bureau of vital statistics <department>
  27-38  as required by this subchapter and Chapter 108.
  27-39        SECTION 79.  Sections 162.405(b)-(g), Family Code, as added
  27-40  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  27-41  1995, are amended to read as follows:
  27-42        (b)  <The clerk of the court in which an adoption is granted
  27-43  shall, on or before the 10th day of the first month after the month
  27-44  in which the adoption is granted, transmit to the administrator of
  27-45  the central registry a report of adoption with respect to each
  27-46  adoption granted.  The report must include the following
  27-47  information:>
  27-48              <(1)  the name of the adopted child after adoption as
  27-49  shown in the final adoption decree;>
  27-50              <(2)  the birth date of the adopted child;>
  27-51              <(3)  the docket number of the adoption suit;>
  27-52              <(4)  the identity of the court granting the adoption;>
  27-53              <(5)  the date of the final adoption decree;>
  27-54              <(6)  the name and address of each parent, guardian,
  27-55  managing conservator, or other person whose consent to adoption was
  27-56  required or waived under Section 162.010 or whose parental rights
  27-57  were terminated in the adoption suit;>
  27-58              <(7)  the identity of the authorized agency, if any,
  27-59  through which the adopted child was placed for adoption; and>
  27-60              <(8)  the identity, address, and telephone number of
  27-61  the registry through which the adopted child may register as an
  27-62  adoptee.>
  27-63        <(c)>  An authorized agency may file with the administrator
  27-64  of the central registry a report of adoption with respect to any
  27-65  person adopted during the person's minority before January 1, 1984.
  27-66  The report may include:
  27-67              (1)  the name of the adopted child after adoption as
  27-68  shown in the final adoption decree;
  27-69              (2)  the birth date of the adopted child;
  27-70              (3)  the docket number of the adoption suit;
   28-1              (4)  the identity of the court granting the adoption;
   28-2              (5)  the date of the final adoption decree;
   28-3              (6)  the identity of the agency, if any, through which
   28-4  the adopted child was placed; and
   28-5              (7)  the identity, address, and telephone number of the
   28-6  registry through which the adopted child may register as an
   28-7  adoptee.
   28-8        (c) <(d)>  On receiving an inquiry by an adoptee who has
   28-9  provided satisfactory proof of age and identity and paid all
  28-10  required inquiry fees, the administrator of the central registry
  28-11  shall review the information on file in the central index.  If the
  28-12  index reveals that the adoptee was not placed for adoption through
  28-13  an authorized agency, the administrator of the central registry
  28-14  shall issue the adoptee an official certificate stating that the
  28-15  adoptee is entitled to apply for registration through the central
  28-16  registry.  If the index identifies an authorized agency through
  28-17  which the adoptee was placed for adoption, the administrator of the
  28-18  central registry shall determine the identity of the registry
  28-19  through which the adoptee may register.  If the administrator of
  28-20  the central registry cannot determine from the index whether the
  28-21  adoptee was placed for adoption through an authorized agency, the
  28-22  administrator of the central registry shall determine the identity
  28-23  of the registry with which the adoptee may register.
  28-24        (d) <(e)>  Each administrator shall, not later than the 30th
  28-25  day after the date of receiving an inquiry from the administrator
  28-26  of the central registry, respond in writing to the inquiry that the
  28-27  registrant was not placed for adoption by an agency served by that
  28-28  registry or that the registrant was placed for adoption by an
  28-29  agency served by that registry.  If the registrant was placed for
  28-30  adoption by an agency served by the registry, the administrator
  28-31  shall file a report with the administrator of the central registry
  28-32  including the information described by Subsections (b) <(c)>
  28-33  (1)-(6).
  28-34        (e) <(f)>  After completing the investigation, the
  28-35  administrator of the central registry shall issue an official
  28-36  certificate stating:
  28-37              (1)  the identity of the registry through which the
  28-38  adoptee may apply for registration, if known; or
  28-39              (2)  if the administrator cannot make a conclusive
  28-40  determination, that the adoptee is entitled to apply for
  28-41  registration through the central registry and is entitled to apply
  28-42  for registration through other registries created under this
  28-43  subchapter.
  28-44        (f) <(g)>  On receiving an inquiry by a birth parent who has
  28-45  provided satisfactory proof of identity and age and paid all
  28-46  required inquiry fees, the administrator of the central registry
  28-47  shall review the information on file in the central index and
  28-48  consult with the administrators of other registries in the state in
  28-49  order to determine the identity of the appropriate registry or
  28-50  registries through which the birth parent may register.  Each
  28-51  administrator shall, not later than the 30th day after the date of
  28-52  receiving an inquiry from the administrator of the central
  28-53  registry, respond in writing to the inquiry.  After completing the
  28-54  investigation, the administrator of the central registry shall
  28-55  provide the birth parent with a written statement either
  28-56  identifying the name, address, and telephone number of each
  28-57  registry through which registration would be appropriate or stating
  28-58  that after diligent inquiry the administrator cannot determine the
  28-59  specific registry or registries through which registration would be
  28-60  appropriate.
  28-61        SECTION 80.  Subchapter B, Chapter 201, Family Code, as added
  28-62  by House Bill 655, Acts of the 74th Legislature, Regular Session,
  28-63  1995, is amended by adding Section 201.111 to read as follows:
  28-64        Sec. 201.111.  TIME TO ACT ON MASTER'S REPORT.  (a)  Except
  28-65  as provided by Subsection (b), not later than the 30th day after
  28-66  the date a master's report is filed, the referring court shall:
  28-67              (1)  adopt, approve, or reject the master's report;
  28-68              (2)  hear further evidence; or
  28-69              (3)  recommit the matter for further proceedings.
  28-70        (b)  The time limit in Subsection (a) does not apply if a
   29-1  party has filed a written notice of appeal to the referring court.
   29-2        SECTION 81.  Section 202.002(c), Family Code, as added by
   29-3  House Bill 655, Acts of the 74th Legislature, Regular Session,
   29-4  1995, is amended to read as follows:
   29-5        (c)  A friend of the court may file a notice of delinquency
   29-6  and a request for a writ of income withholding under Chapter 158
   29-7  <19> in order to enforce a child support order.
   29-8        SECTION 82.  Section 231.006, Family Code, as added by House
   29-9  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  29-10  amended to read as follows:
  29-11        Sec. 231.006.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  29-12  OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS.  (a)  A child support
  29-13  obligor who is more than 30 days delinquent in paying child support
  29-14  and a business entity in which the obligor is a sole proprietor,
  29-15  partner, shareholder, or owner with an ownership interest of at
  29-16  least 25 percent is not eligible to:
  29-17              (1)  receive payments from state funds under <submit a
  29-18  bid or enter into> a contract to provide property, materials, or
  29-19  services <under a contract with the state>; or
  29-20              (2)  receive a state-funded grant or loan.
  29-21        (b)  <A sole proprietorship, partnership, corporation, or
  29-22  other entity in which a sole proprietor, partner, majority
  29-23  shareholder, or substantial owner is a delinquent obligor who is
  29-24  ineligible to bid on a state contract as provided by this section
  29-25  may not bid on a state contract.>
  29-26        <(c)>  A child support obligor or business entity ineligible
  29-27  to receive payments under Subsection (a) remains ineligible <to
  29-28  submit a bid on or enter into a state contract or apply for a
  29-29  state-funded grant or loan as provided by this section> until:
  29-30              (1)  all arrearages have been paid; or
  29-31              (2)  the obligor is in compliance with a written
  29-32  repayment agreement or court order as to any existing delinquency.
  29-33        (c)  A bid or an application for a contract, grant, or loan
  29-34  paid from state funds must include the name and social security
  29-35  number of the individual or sole proprietor and each partner,
  29-36  shareholder, or owner with an ownership interest of at least 25
  29-37  percent of the business entity submitting the bid or application.
  29-38        (d)  A contract, bid, or application subject to the
  29-39  requirements of this section must include the following statement:
  29-40        "Under Section 231.006, Family Code, the vendor or applicant
  29-41  certifies that the individual or business entity named in this
  29-42  contract, bid, or application is not ineligible to receive the
  29-43  specified grant, loan, or payment and acknowledges that this
  29-44  contract may be terminated and payment may be withheld if this
  29-45  certification is inaccurate."
  29-46        (e)  If a state agency determines that an individual or
  29-47  business entity holding a state contract is ineligible to receive
  29-48  payment under Subsection (a), the contract may be terminated.
  29-49        (f)  If the certificate required under Subsection (d) is
  29-50  shown to be false, the vendor is liable to the state for attorney's
  29-51  fees, the costs necessary to complete the contract, including the
  29-52  cost of advertising and awarding a second contract, and any other
  29-53  damages provided by law or contract.
  29-54        (g)  This section does not create a cause of action to
  29-55  contest a bid or award of a state grant, loan, or contract.  This
  29-56  section does not impose a duty on the Title IV-D agency to collect
  29-57  information to send to the comptroller to withhold a payment to a
  29-58  business entity.  The Title IV-D agency and other affected agencies
  29-59  are encouraged to develop a system by which the Title IV-D agency
  29-60  may identify a business entity that is ineligible to receive a
  29-61  state payment under Subsection (a) and to ensure that a state
  29-62  payment to the entity is not made.  This system should be
  29-63  implemented using existing funds and only if the Title IV-D agency,
  29-64  comptroller, and other affected agencies determine that it will be
  29-65  cost-effective.
  29-66        (h)  This section does not apply to a contract between
  29-67  governmental entities.
  29-68        (i) <(d)  Each bidder for a state contract or applicant for a
  29-69  state-funded loan or grant as provided by this section shall submit
  29-70  a signed, sworn statement accompanying any bid or application for a
   30-1  grant or loan affirming that the bidder or applicant is not more
   30-2  than 30 days delinquent in providing child support under a court
   30-3  order or a written repayment agreement.>
   30-4        <(e)>  The Title IV-D agency <and the General Services
   30-5  Commission> may adopt rules or prescribe forms to implement any
   30-6  provision of this section.
   30-7        SECTION 83.  Section 231.007(g), Family Code, as added by
   30-8  House Bill 655, Acts of the 74th Legislature, Regular Session,
   30-9  1995, is amended to read as follows:
  30-10        (g)  The amount of weekly workers' compensation benefits that
  30-11  may be withheld or assigned under this section may not exceed the
  30-12  percentage of the person's benefits that would apply if the
  30-13  benefits equalled the person's monthly net resources as provided by
  30-14  Chapter 154 <15>, except that in no event may more than 50 percent
  30-15  of the person's weekly compensation benefits be withheld or
  30-16  assigned.
  30-17        SECTION 84.  Section 231.302, Family Code, as added by House
  30-18  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  30-19  amended by adding Subsections (c), (d), (e), and (f) to read as
  30-20  follows:
  30-21        (c)  To assist in the administration of laws relating to
  30-22  child support enforcement under Parts A and D of Title IV of the
  30-23  federal Social Security Act (42 U.S.C. Sections 601-617 and
  30-24  651-669):
  30-25              (1)  each licensing authority shall request and each
  30-26  applicant for a license shall provide the applicant's social
  30-27  security number;
  30-28              (2)  each agency administering a contract that provides
  30-29  for a payment of state funds shall request and each individual or
  30-30  entity bidding on a state contract shall provide the individual's
  30-31  or entity's social security number as required by Section 231.006,
  30-32  Family Code; and
  30-33              (3)  each agency administering a state-funded grant or
  30-34  loan program shall request and each applicant for a grant or loan
  30-35  shall provide the applicant's social security number as required by
  30-36  Section 231.006, Family Code.
  30-37        (d)  This section does not limit the right of an agency or
  30-38  licensing authority to collect and use a social security number
  30-39  under another provision of law.
  30-40        (e)  Except as provided by Subsection (d), a social security
  30-41  number provided under this section is confidential and may be
  30-42  disclosed only for the purposes of responding to a request for
  30-43  information from an agency operating under the provisions of Parts
  30-44  A and D of Title IV of the federal Social Security Act (42 U.S.C.
  30-45  Sections 601-617 and 651-669).
  30-46        (f)  Information collected by the Title IV-D agency under
  30-47  this section may be used only for child support purposes.
  30-48        SECTION 85.  Subtitle D, Title 5, Family Code, as added by
  30-49  House Bill 655, Acts of the 74th Legislature, Regular Session,
  30-50  1995, is amended by adding Chapter 232 to read as follows:
  30-51            CHAPTER 232.  SUSPENSION OF LICENSE FOR FAILURE
  30-52                         TO PAY CHILD SUPPORT
  30-53        Sec. 232.001.  DEFINITIONS.  In this chapter:
  30-54              (1)  "License" means a license, certificate,
  30-55  registration, permit, or other authorization that:
  30-56                    (A)  is issued by a licensing authority;
  30-57                    (B)  is subject before expiration to suspension,
  30-58  revocation, forfeiture, or termination by the issuing licensing
  30-59  authority; and
  30-60                    (C)  a person must obtain to:
  30-61                          (i)  practice or engage in a particular
  30-62  business, occupation, or profession;
  30-63                          (ii)  operate a motor vehicle; or
  30-64                          (iii)  engage in any other regulated
  30-65  activity, including hunting, fishing, or other recreational
  30-66  activity for which a license or permit is required.
  30-67              (2)  "Licensing authority" means a department,
  30-68  commission, board, office, or other agency of the state or a
  30-69  political subdivision of the state that issues a license.
  30-70              (3)  "Order suspending license" means an order issued
   31-1  by the Title IV-D agency or a court directing a licensing authority
   31-2  to suspend a license.
   31-3        Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
   31-4  following state agencies are licensing authorities subject to this
   31-5  chapter:
   31-6              (1)  Department of Agriculture;
   31-7              (2)  Texas Commission on Alcohol and Drug Abuse;
   31-8              (3)  Texas Alcoholic Beverage Commission;
   31-9              (4)  Texas Appraiser Licensing and Certification Board;
  31-10              (5)  Texas Board of Architectural Examiners;
  31-11              (6)  State Board of Barber Examiners;
  31-12              (7)  Texas Board of Chiropractic Examiners;
  31-13              (8)  Comptroller of Public Accounts;
  31-14              (9)  Texas Cosmetology Commission;
  31-15              (10)  Court Reporters Certification Board;
  31-16              (11)  State Board of Dental Examiners;
  31-17              (12)  Texas State Board of Examiners of Dietitians;
  31-18              (13)  Texas Funeral Service Commission;
  31-19              (14)  Texas Department of Health;
  31-20              (15)  Texas Board of Professional Land Surveying;
  31-21              (16)  Texas Department of Licensing and Regulation;
  31-22              (17)  Texas State Board of Examiners of Marriage and
  31-23  Family Therapists;
  31-24              (18)  Texas State Board of Medical Examiners;
  31-25              (19)  Midwifery Board;
  31-26              (20)  Texas Natural Resource Conservation Commission;
  31-27              (21)  Board of Nurse Examiners;
  31-28              (22)  Texas Board of Nursing Facility Administrators;
  31-29              (23)  Texas Board of Occupational Therapy Examiners;
  31-30              (24)  Texas Optometry Board;
  31-31              (25)  Parks and Wildlife Department;
  31-32              (26)  Texas State Board of Examiners of Perfusionists;
  31-33              (27)  Texas State Board of Pharmacy;
  31-34              (28)  Texas Board of Physical Therapy Examiners;
  31-35              (29)  Texas State Board of Plumbing Examiners;
  31-36              (30)  Texas State Board of Podiatry Examiners;
  31-37              (31)  Polygraph Examiners Board;
  31-38              (32)  Texas Board of Private Investigators and Private
  31-39  Security Agencies;
  31-40              (33)  Texas State Board of Examiners of Professional
  31-41  Counselors;
  31-42              (34)  State Board of Registration for Professional
  31-43  Engineers;
  31-44              (35)  Department of Protective and Regulatory Services;
  31-45              (36)  Texas State Board of Examiners of Psychologists;
  31-46              (37)  Texas State Board of Public Accountancy;
  31-47              (38)  Department of Public Safety of the State of
  31-48  Texas;
  31-49              (39)  Public Utility Commission of Texas;
  31-50              (40)  Railroad Commission of Texas;
  31-51              (41)  Texas Real Estate Commission;
  31-52              (42)  State Bar of Texas;
  31-53              (43)  Texas State Board of Social Worker Examiners;
  31-54              (44)  State Board of Examiners for Speech-Language
  31-55  Pathology and Audiology;
  31-56              (45)  Texas Structural Pest Control Board;
  31-57              (46)  Board of Tax Professional Examiners;
  31-58              (47)  Secretary of State;
  31-59              (48)  Supreme Court of Texas;
  31-60              (49)  Texas Transportation Commission;
  31-61              (50)  State Board of Veterinary Medical Examiners;
  31-62              (51)  Board of Vocational Nurse Examiners;
  31-63              (52)  Texas Ethics Commission;
  31-64              (53)  Advisory Board of Athletic Trainers;
  31-65              (54)  State Committee of Examiners in the Fitting and
  31-66  Dispensing of Hearing Instruments;
  31-67              (55)  Texas Board of Licensure for Professional Medical
  31-68  Physicists; and
  31-69              (56)  Texas Department of Insurance.
  31-70        Sec. 232.003.  SUSPENSION OF LICENSE.  A court or the Title
   32-1  IV-D agency may issue an order suspending a license as provided by
   32-2  this chapter if an obligor:
   32-3              (1)  has an arrearage equal to or greater than the
   32-4  total support due for 90 days under a support order;
   32-5              (2)  has been provided an opportunity to make payments
   32-6  toward the child support arrearage under an agreed or court-ordered
   32-7  repayment schedule; and
   32-8              (3)  has failed to comply with the repayment schedule.
   32-9        Sec. 232.004.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
  32-10  child support agency or obligee may file a petition to suspend a
  32-11  license.
  32-12        (b)  In a Title IV-D case, the petition shall be filed with
  32-13  the Title IV-D agency.
  32-14        (c)  In a case other than a Title IV-D case, the petition
  32-15  shall be filed in the court of continuing jurisdiction or the court
  32-16  in which a child support order has been registered under Chapter
  32-17  159.
  32-18        (d)  A proceeding in a case filed with the Title IV-D agency
  32-19  under this chapter is governed by the contested case provisions of
  32-20  Chapter 2001, Government Code, except that Section 2001.054 does
  32-21  not apply to the proceeding.  The director of the Title IV-D agency
  32-22  is responsible for rendering a final decision in the contested case
  32-23  proceeding.
  32-24        Sec. 232.005.  CONTENTS OF PETITION.  (a)  A petition under
  32-25  this chapter must state that license suspension is required under
  32-26  Section 232.003 and allege:
  32-27              (1)  the name and, if known, social security number of
  32-28  the obligor;
  32-29              (2)  the type of license the obligor is believed to
  32-30  hold and the name of the licensing authority; and
  32-31              (3)  the amount owed under the child support order, the
  32-32  amount of support paid, and the amount of arrearages.
  32-33        (b)  A petition under this chapter may include as an
  32-34  attachment a copy of the record of child support payments
  32-35  maintained by the Title IV-D registry or local registry.
  32-36        Sec. 232.006.  NOTICE.  (a)  On the filing of a petition
  32-37  under Section 232.004, the court or Title IV-D agency shall issue
  32-38  to the obligor:
  32-39              (1)  notice of the obligor's right to a hearing before
  32-40  the court or agency;
  32-41              (2)  notice of the deadline for requesting a hearing;
  32-42  and
  32-43              (3)  a hearing request form if the proceeding is in a
  32-44  Title IV-D case.
  32-45        (b)  Notice under this section may be served as in civil
  32-46  cases generally.
  32-47        (c)  The notice must state that an order suspending license
  32-48  shall be rendered on the 60th day after the date of service of the
  32-49  notice unless by that date:
  32-50              (1)  the court or Title IV-D agency receives proof that
  32-51  all arrearages and the current month's child support obligation
  32-52  have been paid;
  32-53              (2)  the child support agency or obligee files a
  32-54  certification that the obligor is in compliance with a reasonable
  32-55  repayment schedule; or
  32-56              (3)  the obligor appears at a hearing before the court
  32-57  or Title IV-D agency and shows that the request for suspension
  32-58  should be denied or stayed.
  32-59        Sec. 232.007.  HEARING ON PETITION TO SUSPEND LICENSE.
  32-60  (a)  A request for a hearing and motion to stay suspension must be
  32-61  filed with the court or Title IV-D agency by the obligor not later
  32-62  than the 20th day after the date of service of the notice under
  32-63  Section 232.006.
  32-64        (b)  If a request for a hearing is filed, the court or Title
  32-65  IV-D agency shall:
  32-66              (1)  promptly schedule a hearing;
  32-67              (2)  notify each party of the date, time, and location
  32-68  of the hearing; and
  32-69              (3)  stay suspension pending the hearing.
  32-70        (c)  A record of child support payments made by the Title
   33-1  IV-D agency or a local registry is evidence of whether the payments
   33-2  were made.  A copy of the record appearing regular on its face
   33-3  shall be admitted as evidence at a hearing under this chapter,
   33-4  including a hearing on a motion to revoke a stay.  Either party may
   33-5  offer controverting evidence.
   33-6        Sec. 232.008.  ORDER SUSPENDING LICENSE.  (a)  On making the
   33-7  findings required by Section 232.003, the court or Title IV-D
   33-8  agency shall render an order suspending the license unless the
   33-9  obligor proves that all arrearages and the current month's support
  33-10  have been paid.
  33-11        (b)  The court or Title IV-D agency may stay an order
  33-12  suspending a license conditioned on the obligor's compliance with a
  33-13  reasonable repayment schedule that is incorporated in the order.
  33-14  An order suspending a license with a stay of the suspension may not
  33-15  be served on the licensing authority unless the stay is revoked as
  33-16  provided by this chapter.
  33-17        (c)  A final order suspending license rendered by a court or
  33-18  the Title IV-D agency shall be forwarded to the appropriate
  33-19  licensing authority.
  33-20        (d)  If the court or Title IV-D agency renders an order
  33-21  suspending license, the obligor may also be ordered not to engage
  33-22  in the licensed activity.
  33-23        (e)  If the court or Title IV-D agency finds that the
  33-24  petition for suspension should be denied, the petition shall be
  33-25  dismissed without prejudice, and an order suspending license may
  33-26  not be rendered.
  33-27        Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency
  33-28  shall consider the allegations of the petition for suspension to be
  33-29  admitted and shall render an order suspending license if the
  33-30  obligor fails to:
  33-31              (1)  respond to a notice issued under Section 232.006;
  33-32              (2)  request a hearing; or
  33-33              (3)  appear at a hearing.
  33-34        Sec. 232.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An
  33-35  order issued by a Title IV-D agency under this chapter is a final
  33-36  agency decision and is subject to review under the substantial
  33-37  evidence rule as provided by Chapter 2001, Government Code.
  33-38        Sec. 232.011.  ACTION BY LICENSING AUTHORITY.  (a)  On
  33-39  receipt of a final order suspending license, the licensing
  33-40  authority shall immediately determine if the authority has issued a
  33-41  license to the obligor named on the order and, if a license has
  33-42  been issued:
  33-43              (1)  record the suspension of the license in the
  33-44  licensing authority's records;
  33-45              (2)  report the suspension as appropriate; and
  33-46              (3)  demand surrender of the suspended license if
  33-47  required by law for other cases in which a license is suspended.
  33-48        (b)  A licensing authority shall implement the terms of a
  33-49  final order suspending license without additional review or
  33-50  hearing.  The authority may provide notice as appropriate to the
  33-51  license holder or to others concerned with the license.
  33-52        (c)  A licensing authority may not modify, remand, reverse,
  33-53  vacate, or stay an order suspending license issued under this
  33-54  chapter and may not review, vacate, or reconsider the terms of a
  33-55  final order suspending license.
  33-56        (d)  An obligor who is the subject of a final order
  33-57  suspending license is not entitled to a refund for any fee or
  33-58  deposit paid to the licensing authority.
  33-59        (e)  An obligor who continues to engage in the business,
  33-60  occupation, profession, or other licensed activity after the
  33-61  implementation of the order suspending license by the licensing
  33-62  authority is liable for the same civil and criminal penalties
  33-63  provided for engaging in the licensed activity without a license or
  33-64  while a license is suspended that apply to any other license holder
  33-65  of that licensing authority.
  33-66        (f)  A licensing authority is exempt from liability to a
  33-67  license holder for any act authorized under this chapter performed
  33-68  by the authority.
  33-69        (g)  Except as provided by this chapter, an order suspending
  33-70  license or dismissing a petition for the suspension of a license
   34-1  does not affect the power of a licensing authority to grant, deny,
   34-2  suspend, revoke, terminate, or renew a license.
   34-3        (h)  The denial or suspension of a driver's license under
   34-4  this chapter is governed by this chapter and not by the general
   34-5  licensing provisions of Chapter 173, Acts of the 47th Legislature,
   34-6  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
   34-7  Statutes).
   34-8        Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee,
   34-9  support enforcement agency, court, or Title IV-D agency may file a
  34-10  motion to revoke the stay of an order suspending license if the
  34-11  obligor does not comply with the terms of a reasonable repayment
  34-12  plan entered into by the obligor.
  34-13        (b)  Notice to the obligor of a motion to revoke stay under
  34-14  this section may be given by personal service or by mail to the
  34-15  address provided by the obligor, if any, in the order suspending
  34-16  license.  The notice must include a notice of hearing.  The notice
  34-17  must be provided to the obligor not less than 10 days before the
  34-18  date of the hearing.
  34-19        (c)  A motion to revoke stay must allege the manner in which
  34-20  the obligor failed to comply with the repayment plan.
  34-21        (d)  If the court or Title IV-D agency finds that the obligor
  34-22  is not in compliance with the terms of the repayment plan, the
  34-23  court or agency shall revoke the stay of the order suspending
  34-24  license and render a final order suspending license.
  34-25        Sec. 232.013.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
  34-26  (a)  The court or Title IV-D agency may render an order vacating or
  34-27  staying an order suspending license if the obligor has paid all
  34-28  delinquent child support or has established a satisfactory payment
  34-29  record.
  34-30        (b)  The court or Title IV-D agency shall promptly deliver an
  34-31  order vacating or staying an order suspending license to the
  34-32  appropriate licensing authority.
  34-33        (c)  On receipt of an order vacating or staying an order
  34-34  suspending license, the licensing authority shall promptly issue
  34-35  the affected license to the obligor if the obligor is otherwise
  34-36  qualified for the license.
  34-37        (d)  An order rendered under this section does not affect the
  34-38  right of the child support agency or obligee to any other remedy
  34-39  provided by law, including the right to seek relief under this
  34-40  chapter.  An order rendered under this section does not affect the
  34-41  power of a licensing authority to grant, deny, suspend, revoke,
  34-42  terminate, or renew a license as otherwise provided by law.
  34-43        Sec. 232.014.  FEE BY LICENSING AUTHORITY.  A licensing
  34-44  authority may charge a fee to an obligor who is the subject of an
  34-45  order suspending license in an amount sufficient to recover the
  34-46  administrative costs incurred by the authority under this chapter.
  34-47        Sec. 232.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
  34-48  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
  34-49  each licensing authority the name, address, social security number,
  34-50  license renewal date, and other identifying information for each
  34-51  individual who holds, applies for, or renews a license issued by
  34-52  the authority.
  34-53        (b)  A licensing authority shall provide the requested
  34-54  information in the manner agreed to by the Title IV-D agency and
  34-55  the licensing authority.
  34-56        (c)  The Title IV-D agency may enter into a cooperative
  34-57  agreement with a licensing authority to administer this chapter in
  34-58  a cost-effective manner.
  34-59        (d)  The Title IV-D agency may adopt a reasonable
  34-60  implementation schedule for the requirements of this section.
  34-61        (e)  The Title IV-D agency, the comptroller, and the Texas
  34-62  Alcoholic Beverage Commission shall by rule specify additional
  34-63  prerequisites for the suspension of licenses relating to state
  34-64  taxes collected under Title 2, Tax Code.  The joint rules must be
  34-65  adopted not later than March 1, 1996.
  34-66        Sec. 232.016.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
  34-67  agency by rule shall prescribe forms and procedures for the
  34-68  implementation of this chapter.
  34-69        SECTION 86.  Sections 261.001(1), (4), and (6), Family Code,
  34-70  as added by House Bill 655, Acts of the 74th Legislature, Regular
   35-1  Session, 1995, are amended to read as follows:
   35-2              (1)  "Abuse" includes the following acts or omissions
   35-3  by a person:
   35-4                    (A)  mental or emotional injury to a child that
   35-5  results in an observable and material impairment in the child's
   35-6  growth, development, or psychological functioning;
   35-7                    (B)  causing or permitting the child to be in a
   35-8  situation in which the child sustains a mental or emotional injury
   35-9  that results in an observable and material impairment in the
  35-10  child's growth, development, or psychological functioning;
  35-11                    (C)  physical injury that results in substantial
  35-12  harm to the child, or the genuine threat of substantial harm from
  35-13  physical injury to the child, including an injury that is at
  35-14  variance with the history or explanation given and excluding an
  35-15  accident or reasonable discipline by a parent, guardian, or
  35-16  managing or possessory conservator that does not expose the child
  35-17  to a substantial risk of harm;
  35-18                    (D)  failure to make a reasonable effort to
  35-19  prevent an action by another person that results in physical injury
  35-20  that results in substantial harm to the child;
  35-21                    (E)  sexual conduct harmful to a child's mental,
  35-22  emotional, or physical welfare <offenses under the Penal Code
  35-23  inflicted on, shown to, or intentionally or recklessly practiced in
  35-24  the presence of a child, including:>
  35-25                          <(i)  sexual conduct as defined by Section
  35-26  43.01, Penal Code;>
  35-27                          <(ii)  sexual assault as provided by
  35-28  Section 22.011, Penal Code; or>
  35-29                          <(iii)  prohibited sexual conduct as
  35-30  provided by Section 25.02, Penal Code>;
  35-31                    (F)  failure to make a reasonable effort to
  35-32  prevent sexual conduct harmful to a child <or sexual assault as
  35-33  defined or provided by Sections 43.01 and 22.011, Penal Code, or
  35-34  prohibited sexual conduct as provided by Section 25.02, Penal Code,
  35-35  from being inflicted on or shown to a child by another person or
  35-36  being intentionally or recklessly practiced in the presence of a
  35-37  child by another person>;
  35-38                    (G)  compelling or encouraging the child to
  35-39  engage in sexual conduct as defined by Section 43.01, Penal Code;
  35-40  or
  35-41                    (H)  causing, permitting, encouraging, engaging
  35-42  in, or allowing the photographing, filming, or depicting of the
  35-43  child if the person knew or should have known that the resulting
  35-44  photograph, film, or depiction of the child is obscene as defined
  35-45  by Section 43.21, Penal Code, or pornographic.
  35-46              (4)  "Neglect" includes:
  35-47                    (A)  the leaving of a child in a situation where
  35-48  the child would be exposed to a substantial risk of physical or
  35-49  mental harm, without arranging for necessary care for the child,
  35-50  and the demonstration of an intent not to return by a parent,
  35-51  guardian, or managing or possessory conservator of the child;
  35-52                    (B)  the following acts or omissions by a person:
  35-53                          (i)  placing a child in or failing to
  35-54  remove a child from a situation that a reasonable person would
  35-55  realize requires judgment or actions beyond the child's level of
  35-56  maturity, physical condition, or mental abilities and that results
  35-57  in bodily injury or a substantial risk of immediate harm to the
  35-58  child;
  35-59                          (ii)  failing to seek, obtain, or follow
  35-60  through with medical care for a child, with the failure resulting
  35-61  in or presenting a substantial risk of death, disfigurement, or
  35-62  bodily injury or with the failure resulting in an observable and
  35-63  material impairment to the growth, development, or functioning of
  35-64  the child; <or>
  35-65                          (iii)  the failure to provide a child with
  35-66  food, clothing, or shelter necessary to sustain the life or health
  35-67  of the child, excluding failure caused primarily by financial
  35-68  inability unless relief services had been offered and refused; or
  35-69                          (iv) placing a child in or failing to
  35-70  remove the child from a situation in which the child would be
   36-1  exposed to a substantial risk of sexual conduct harmful to the
   36-2  child; or
   36-3                    (C)  the failure by the person responsible for a
   36-4  child's care, custody, or welfare to permit the child to return to
   36-5  the child's home without arranging for the necessary care for the
   36-6  child after the child has been absent from the home for any reason,
   36-7  including having been in residential placement or having run away.
   36-8              (6)  "Report" means a report that <of> alleged or
   36-9  suspected abuse or neglect of a child has occurred or may occur.
  36-10        SECTION 87.  Section 261.101, Family Code, as added by House
  36-11  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-12  amended by amending Subsection (b) and adding Subsections (c) and
  36-13  (d) to read as follows:
  36-14        (b)  If a professional has cause to believe that a child has
  36-15  been or may be abused or neglected, the professional shall make a
  36-16  report not later than the 48th hour after the hour the professional
  36-17  first suspects that the child has been or may be abused or
  36-18  neglected.  A professional may not delegate to or rely on another
  36-19  person to make the report.  In this subsection, "professional"
  36-20  means an individual who is licensed or certified by the state or
  36-21  who is an employee of a facility licensed, certified, or operated
  36-22  by the state and who, in the normal course of official duties or
  36-23  duties for which a license or certification is required, has direct
  36-24  contact with children.  The term includes teachers, nurses,
  36-25  doctors, and day-care employees.
  36-26        (c)  The requirement to report under this section applies
  36-27  without exception to an individual whose personal communications
  36-28  may otherwise be privileged, including an attorney, a member of the
  36-29  clergy, a medical practitioner, a social worker, and a mental
  36-30  health professional.
  36-31        (d)  The identity of an individual making a report under this
  36-32  chapter is confidential and may be disclosed only on the order of a
  36-33  court or to a law enforcement officer for the purposes of
  36-34  conducting a criminal investigation of the report.
  36-35        SECTION 88.  Section 261.102, Family Code, as added by House
  36-36  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-37  amended to read as follows:
  36-38        Sec. 261.102.  MATTERS TO BE REPORTED.  A report should
  36-39  reflect the reporter's belief that a child<:>
  36-40              <(1)>  has been or may be abused or neglected or has
  36-41  died of abuse or neglect<;>
  36-42              <(2)  has violated the compulsory school attendance
  36-43  laws on three or more occasions; or>
  36-44              <(3)  has, on three or more occasions, been voluntarily
  36-45  absent from home without the consent of the child's parent or
  36-46  guardian for a substantial length of time or without the intent to
  36-47  return>.
  36-48        SECTION 89.  Section 261.103, Family Code, as added by House
  36-49  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-50  amended to read as follows:
  36-51        Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  A report
  36-52  shall be made to:
  36-53              (1)  any local or state law enforcement agency;
  36-54              (2)  the department if the alleged or suspected abuse
  36-55  involves a person responsible for the care, custody, or welfare of
  36-56  the child;
  36-57              (3)  the state agency that operates, licenses,
  36-58  certifies, or registers the facility in which the alleged abuse or
  36-59  neglect occurred; or
  36-60              (4)  the agency designated by the court to be
  36-61  responsible for the protection of children.
  36-62        SECTION 90.  Section 261.104, Family Code, as added by House
  36-63  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-64  amended to read as follows:
  36-65        Sec. 261.104.  CONTENTS OF REPORT.  The person making a
  36-66  report shall identify, if known:
  36-67              (1)  the name and address of the child;
  36-68              (2)  the name and address of the person responsible for
  36-69  the care, custody, or welfare of the child; and
  36-70              (3)  any other pertinent information concerning the
   37-1  alleged or suspected abuse or neglect.
   37-2        SECTION 91.  Section 261.106, Family Code, as added by House
   37-3  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   37-4  amended to read as follows:
   37-5        Sec. 261.106.  IMMUNITIES.  (a)  A <Except for a person who
   37-6  reports the person's own conduct or who acts in bad faith or with
   37-7  malicious purpose, a> person acting in good faith who reports
   37-8  <reporting> or assists <assisting> in the investigation of a report
   37-9  of alleged child abuse or neglect or who testifies or otherwise
  37-10  participates in a judicial proceeding arising from a report,
  37-11  petition, or investigation of alleged child abuse or neglect <under
  37-12  this chapter> is immune from civil or criminal liability that might
  37-13  otherwise be incurred or imposed.
  37-14        (b)  Immunity from civil and criminal liability extends to an
  37-15  authorized volunteer of the department or a law enforcement officer
  37-16  who participates at the request of the department in an
  37-17  investigation of alleged or suspected abuse or neglect or in an
  37-18  action arising from an investigation if the person was acting in
  37-19  good faith and in the scope of the person's responsibilities
  37-20  <participation in a judicial proceeding resulting from the report>.
  37-21        (c)  A person who reports the person's own abuse or neglect
  37-22  of a child or who acts in bad faith or with malicious purpose in
  37-23  reporting alleged child abuse or neglect is not immune from civil
  37-24  or criminal liability.
  37-25        SECTION 92.  Section 261.107, Family Code, as added by House
  37-26  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  37-27  amended to read as follows:
  37-28        Sec. 261.107.  FALSE REPORT; PENALTY.  <(a)>  A person
  37-29  commits an offense if the person knowingly or intentionally makes a
  37-30  report as provided in this chapter that the person knows is false
  37-31  or lacks factual foundation.  An offense under this subsection is a
  37-32  Class B misdemeanor.
  37-33        <(b)  If, in connection with a pending suit affecting the
  37-34  parent-child relationship, a parent of a child makes a report
  37-35  alleging child abuse by the other parent that the parent making the
  37-36  report knows is false or lacks factual foundation, evidence of the
  37-37  report is admissible in a suit between the parents involving terms
  37-38  of conservatorship.>
  37-39        SECTION 93.  Section 261.201, Family Code, as added by House
  37-40  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  37-41  amended to read as follows:
  37-42        Sec. 261.201.  CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
  37-43  (a)  The following information is confidential, is not subject to
  37-44  public release under Chapter 552, Government Code, and may be
  37-45  disclosed only for purposes consistent with this code and
  37-46  applicable federal or state law or under rules adopted by an
  37-47  investigating agency:
  37-48              (1)  a report of alleged or suspected abuse or neglect
  37-49  made under this chapter and the identity of the person making the
  37-50  report; and
  37-51              (2)  except <Except> as otherwise provided in this
  37-52  section, the files, <Subsections (b) and (c), the> reports,
  37-53  records, communications, and working papers used or developed in an
  37-54  investigation under this chapter or in providing services as a
  37-55  result of an investigation <are confidential and may be disclosed
  37-56  only for purposes consistent with the purposes of this code under
  37-57  rules adopted by the investigating agency>.
  37-58        (b)  A court may order the disclosure of information that is
  37-59  confidential under this section if:
  37-60              (1)  a motion has been filed with the court requesting
  37-61  the release of the information;
  37-62              (2)  a notice of hearing has been served on the
  37-63  investigating agency and all other interested parties; and
  37-64              (3)  after hearing and an in camera review of the
  37-65  requested information, the court determines that the disclosure of
  37-66  the requested information is:
  37-67                    (A)  essential to the administration of justice;
  37-68  and
  37-69                    (B)  not likely to endanger the life or safety
  37-70  of:
   38-1                          (i)  a child who is the subject of the
   38-2  report of alleged or suspected abuse or neglect;
   38-3                          (ii)  a person who makes a report of
   38-4  alleged or suspected abuse or neglect; or
   38-5                          (iii)  any other person who participates in
   38-6  an investigation of reported abuse or neglect.
   38-7        (c)  The adoptive parents of a child who was the subject of
   38-8  an investigation and an adult who was the subject of an
   38-9  investigation as a child are entitled to examine and make copies of
  38-10  any report, record, working paper, or other information in the
  38-11  possession, custody, or control of the state that pertains to the
  38-12  history of the child.  The department may edit the documents to
  38-13  protect the identity of the biological parents and any other person
  38-14  whose identity is confidential.
  38-15        (d) <(c)>  Before placing a child who was the subject of an
  38-16  investigation, the department shall notify the prospective adoptive
  38-17  parents of their right to examine any report, record, working
  38-18  paper, or other information in the possession, custody, or control
  38-19  of the state that pertains to the history of the child.
  38-20        (e) <(d)>  The department shall provide prospective adoptive
  38-21  parents an opportunity to examine information under this section as
  38-22  early as practicable before placing a child.
  38-23        (f)  Notwithstanding Subsection (b), the department, on
  38-24  request and subject to department rule, shall provide to the
  38-25  parent, managing conservator, or other legal representative of a
  38-26  child who is the subject of reported abuse or neglect information
  38-27  concerning the reported abuse or neglect that would otherwise be
  38-28  confidential under this section if the department has edited the
  38-29  information to protect the confidentiality of the identity of the
  38-30  person who made the report and any other person whose life or
  38-31  safety may be endangered by the disclosure.
  38-32        SECTION 94.  Sections 261.301(d) and (e), Family Code, as
  38-33  added by House Bill 655, Acts of the 74th Legislature, Regular
  38-34  Session, 1995, are amended to read as follows:
  38-35        (d)  The department may by rule assign priorities and
  38-36  prescribe investigative procedures for <to> investigations based on
  38-37  the severity and immediacy of the alleged harm to the child.  The
  38-38  primary purpose of the investigation shall be the protection of the
  38-39  child.
  38-40        (e)  As necessary to provide for the protection of the child
  38-41  <complete a thorough investigation>, the department or designated
  38-42  agency shall determine:
  38-43              (1)  the nature, extent, and cause of the abuse or
  38-44  neglect;
  38-45              (2)  the identity of the person responsible for the
  38-46  abuse or neglect;
  38-47              (3)  the names and conditions of the other children in
  38-48  the home;
  38-49              (4)  an evaluation of the parents or persons
  38-50  responsible for the care of the child;
  38-51              (5)  the adequacy of the home environment;
  38-52              (6)  the relationship of the child to the persons
  38-53  responsible for the care, custody, or welfare of the child; and
  38-54              (7)  all other pertinent data.
  38-55        SECTION 95.  Section 261.302, Family Code, as added by House
  38-56  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  38-57  amended by adding Subsection (d) to read as follows:
  38-58        (d)  If, before an investigation is completed, the
  38-59  investigating agency believes that the immediate removal of a child
  38-60  from the child's home is necessary to protect the child from
  38-61  further abuse or neglect, the investigating agency shall file a
  38-62  petition or take other action under Chapter 262 to provide for the
  38-63  temporary care and protection of the child.
  38-64        SECTION 96.  Section 261.303, Family Code, as added by House
  38-65  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  38-66  amended to read as follows:
  38-67        Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER
  38-68  <TO ASSIST INVESTIGATION>.  (a)  A person may not interfere with an
  38-69  investigation of a report of child abuse or neglect conducted by
  38-70  the department or designated agency.
   39-1        (b)  If admission to the home, school, or any place where the
   39-2  child may be cannot be obtained, then for good cause shown the
   39-3  court having family law jurisdiction shall order the parent, the
   39-4  person responsible for the care of the children, or the person in
   39-5  charge of any place where the child may be to allow entrance for
   39-6  the interview, examination, and investigation.
   39-7        (c) <(b)>  If a parent or person responsible for the child's
   39-8  care does not consent to a medical, psychological, or psychiatric
   39-9  examination of the child that is requested by the department or
  39-10  designated agency, the court having family law jurisdiction shall,
  39-11  for good cause shown, order the examination to be made at the times
  39-12  and places designated by the court.
  39-13        SECTION 97.  Section 261.308, Family Code, as added by House
  39-14  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  39-15  amended by adding Subsection (c) to read as follows:
  39-16        (c)  On receipt of the report and recommendations, the court
  39-17  may direct the department or designated agency to file a petition
  39-18  requesting appropriate relief as provided in this title.
  39-19        SECTION 98.  Sections 261.401(b) and (c), Family Code, as
  39-20  added by House Bill 655, Acts of the 74th Legislature, Regular
  39-21  Session, 1995, are amended to read as follows:
  39-22        (b)  <A state agency shall notify the department of each
  39-23  report of abuse or neglect it receives under this subchapter
  39-24  relating to abuse or neglect in a facility operated by the agency
  39-25  according to rules adopted by the department.>
  39-26        <(c)>  A state agency shall adopt rules relating to the
  39-27  investigation and resolution of reports received as provided by
  39-28  <under> this subchapter.  The Health and Human Services Commission
  39-29  shall review and approve the rules to ensure that all agencies
  39-30  implement appropriate standards for the conduct of investigations
  39-31  and that uniformity exists among agencies in the investigation and
  39-32  resolution of reports.
  39-33        SECTION 99.  Sections 261.402(b), (c), and (e), Family Code,
  39-34  as added by House Bill 655, Acts of the 74th Legislature, Regular
  39-35  Session, 1995, are amended to read as follows:
  39-36        (b)  A state agency shall immediately notify the appropriate
  39-37  state or local law enforcement agency of any report the agency
  39-38  receives, other than a report from a law enforcement agency, that
  39-39  concerns the suspected abuse or neglect of a child or the death of
  39-40  a child from abuse or neglect.  <If the investigation relates to a
  39-41  report of abuse or neglect in a facility operated by a state
  39-42  agency, the agency responsible for the investigation shall submit a
  39-43  copy of the investigative report to the department.>
  39-44        <(c)>  If the state agency finds evidence indicating that a
  39-45  child may have <has> been <or may be> abused or neglected, the
  39-46  agency shall <submit a copy of the> report the evidence <of its
  39-47  investigation> to the appropriate law enforcement agency.
  39-48        (e)  A state agency <The department> shall compile, maintain,
  39-49  and make available statistics on the incidence of child abuse and
  39-50  neglect in a facility operated by the <a> state agency.
  39-51        SECTION 100.  Chapter 261, Family Code, as added by House
  39-52  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  39-53  amended by adding Sections 261.404, 261.405, and 261.406 to read as
  39-54  follows:
  39-55        Sec. 261.404.  INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
  39-56  OF MENTAL HEALTH AND MENTAL RETARDATION.  The department shall
  39-57  investigate a report of abuse or neglect in a facility operated by,
  39-58  regulated by, or providing services under a contract with the Texas
  39-59  Department of Mental Health and Mental Retardation under rules
  39-60  developed jointly between the department and the Texas Department
  39-61  of Mental Health and Mental Retardation.
  39-62        Sec. 261.405.  INVESTIGATIONS IN COUNTY JUVENILE DETENTION
  39-63  FACILITIES.  A report of alleged abuse or neglect in a county
  39-64  juvenile detention facility shall be made to a local law
  39-65  enforcement agency for investigation.
  39-66        Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a) On receipt of
  39-67  a report of alleged or suspected abuse or neglect of a child in a
  39-68  public or private school under the jurisdiction of the Central
  39-69  Education Agency, the department shall perform an investigation as
  39-70  provided by this chapter.
   40-1        (b)  The department shall send a written report of the
   40-2  department's investigation to the Central Education Agency and the
   40-3  local school board or local governing body for appropriate action.
   40-4  On request, the department shall provide a copy of the report of
   40-5  investigation to the parent, managing conservator, or legal
   40-6  guardian of a child who is the subject of the report.  The report
   40-7  of investigation shall be edited to protect the identity of the
   40-8  persons who prepared the report of abuse or neglect or provided
   40-9  information for the report.
  40-10        (c)  Nothing in this section may prevent a law enforcement
  40-11  agency from conducting an investigation of a report made under this
  40-12  section.
  40-13        SECTION 101.  Section 262.004, Family Code, as added by House
  40-14  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-15  amended to read as follows:
  40-16        Sec. 262.004.  ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
  40-17  CHILD.  A <An authorized representative of the Department of
  40-18  Protective and Regulatory Services, a> law enforcement officer<,>
  40-19  or a juvenile probation officer may take possession of a child
  40-20  without a court order on the voluntary delivery of the child by the
  40-21  parent, managing conservator, possessory conservator, guardian,
  40-22  caretaker, or custodian who is presently entitled to possession of
  40-23  the child.
  40-24        SECTION 102.  Section 262.005, Family Code, as added by House
  40-25  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-26  amended to read as follows:
  40-27        Sec. 262.005.  FILING PETITION AFTER ACCEPTING VOLUNTARY
  40-28  DELIVERY OF POSSESSION OF CHILD.  When possession of the child has
  40-29  been acquired through voluntary delivery of the child to a law
  40-30  enforcement officer or juvenile probation officer <governmental
  40-31  entity>, the law enforcement officer or juvenile probation officer
  40-32  <entity> taking the child into possession shall cause a suit to be
  40-33  filed not later than the 60th day after the date the child is taken
  40-34  into possession.
  40-35        SECTION 103.  Section 262.101, Family Code, as added by House
  40-36  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-37  amended to read as follows:
  40-38        Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  40-39  CHILD.  A petition or affidavit filed by a governmental entity
  40-40  requesting permission to take possession of a child in an emergency
  40-41  shall be sworn to by a person with personal knowledge and shall
  40-42  state facts sufficient to satisfy a person of ordinary prudence and
  40-43  caution that:
  40-44              (1)  there is an immediate danger to the physical
  40-45  health or safety of the child or the child has been a victim of
  40-46  sexual abuse and that continuation in the home would be contrary to
  40-47  the child's welfare; and
  40-48              (2)  there is no time, consistent with the physical
  40-49  health or safety of the child, for an adversary hearing or to make
  40-50  reasonable efforts to prevent or eliminate the need for the removal
  40-51  of the child.
  40-52        SECTION 104.  Section 262.102, Family Code, as added by House
  40-53  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-54  amended to read as follows:
  40-55        Sec. 262.102.  EMERGENCY ORDER AUTHORIZING POSSESSION OF
  40-56  CHILD.  (a)  Before a court may issue a temporary restraining order
  40-57  or attachment of a child in a suit requesting an emergency order
  40-58  brought by a governmental entity, the court must find <be satisfied
  40-59  from a sworn petition or affidavit> that:
  40-60              (1)  there is an immediate danger to the physical
  40-61  health or safety of the child or the child has been a victim of
  40-62  sexual abuse and that continuation in the home would be contrary to
  40-63  the child's welfare; and
  40-64              (2)  there is no time, consistent with the physical
  40-65  health or safety of the child and the nature of the emergency, to
  40-66  hold <for> an adversary hearing or to make reasonable efforts to
  40-67  prevent or eliminate the need for removal of the child.
  40-68        (b)  In determining whether there is an immediate danger to
  40-69  the physical health or safety of a child, the court may consider
  40-70  whether the child's household includes a person who has <possession
   41-1  of the child has>:
   41-2              (1)  abused or neglected another child in a manner that
   41-3  caused serious injury to or the death of the other child; or
   41-4              (2)  sexually abused another child.
   41-5        SECTION 105.  Section 262.107, Family Code, as added by House
   41-6  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
   41-7  amended to read as follows:
   41-8        Sec. 262.107.  STANDARD FOR DECISION AT INITIAL HEARING AFTER
   41-9  TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.  (a)
  41-10  The court shall order the return of the child at the initial
  41-11  hearing regarding a child taken in possession without a court order
  41-12  by a governmental entity unless the court is satisfied that:
  41-13              (1)  there is a continuing danger to the physical
  41-14  health or safety of the child if the child is returned to the
  41-15  parent, managing conservator, possessory conservator, guardian,
  41-16  caretaker, or custodian who is presently entitled to possession of
  41-17  the child<;> or
  41-18              <(2)>  the evidence shows that the child has been the
  41-19  victim of sexual abuse on one or more occasions and that there is a
  41-20  substantial risk <reasonable likelihood> that the child will be the
  41-21  victim of sexual abuse in the future; and
  41-22              (2)  the nature of the emergency and the continuing
  41-23  danger to the welfare of the child make efforts to allow the child
  41-24  to remain with or return to the person entitled to possession of
  41-25  the child impossible or unreasonable.
  41-26        (b)  In determining whether there is a continuing danger to
  41-27  the physical health or safety of a child, the court may consider
  41-28  whether the household to which <person to whom> the child would be
  41-29  returned includes a person who has:
  41-30              (1)  abused or neglected another child in a manner that
  41-31  caused serious injury to or the death of the other child; or
  41-32              (2)  sexually abused another child.
  41-33        SECTION 106.  Subchapter B, Chapter 262, Family Code, as
  41-34  added by House Bill 655, Acts of the 74th Legislature, Regular
  41-35  Session, 1995, is amended by adding Section 262.111 to read as
  41-36  follows:
  41-37        Sec. 262.111.  FINDING THAT CHILD CANNOT REMAIN IN OR BE
  41-38  RETURNED TO HOME.  In the absence of a specific finding to the
  41-39  contrary, the issuance of a temporary restraining order or
  41-40  attachment pending a full adversary hearing or the issuance of an
  41-41  order after a full adversary hearing constitutes a finding by the
  41-42  court that for the child to remain in the home is contrary to the
  41-43  child's welfare or safety and that the emergency made efforts to
  41-44  prevent or eliminate the need for the removal of the child
  41-45  impossible or unreasonable.
  41-46        SECTION 107.  Section 262.201, Family Code, as added by House
  41-47  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  41-48  amended to read as follows:
  41-49        Sec. 262.201.  FULL ADVERSARY HEARING;  FINDINGS OF THE
  41-50  COURT.  (a)  Unless the child has already been returned to the
  41-51  parent, managing conservator, possessory conservator, guardian,
  41-52  caretaker, or custodian entitled to possession and the temporary
  41-53  order, if any, has been dissolved, a full adversary hearing shall
  41-54  be held not later than the 14th day after the date the child was
  41-55  taken into possession by the governmental entity.
  41-56        (b)  At the conclusion of the full adversary hearing, the
  41-57  court shall order the return of the child to the parent, managing
  41-58  conservator, possessory conservator, guardian, caretaker, or
  41-59  custodian entitled to possession unless the court finds sufficient
  41-60  evidence to satisfy a person of ordinary prudence and caution that:
  41-61              (1)  there was a danger to the physical health or
  41-62  safety of the child which was caused by an act or failure to act of
  41-63  the person entitled to possession and for the child to remain in
  41-64  the home is contrary to the welfare of the child; <and>
  41-65              (2)  the urgent need for protection required the
  41-66  immediate removal of the child and makes efforts to eliminate or
  41-67  prevent the child's removal impossible or unreasonable; and
  41-68              (3)  notwithstanding reasonable efforts to eliminate
  41-69  the need for the child's removal and enable the child to return
  41-70  home, there is a substantial risk <reasonable probability> of a
   42-1  continuing danger if the child is returned home.
   42-2        (c)  If the court finds sufficient evidence to satisfy a
   42-3  person of ordinary prudence and caution that there is a continuing
   42-4  danger to the physical health or safety of the child and for the
   42-5  child to remain in the home is contrary to the welfare of the
   42-6  child, the court shall issue an appropriate temporary order under
   42-7  Chapter 105.
   42-8        (d)  In determining whether there is a continuing danger to
   42-9  the physical health or safety of the child, the court may consider
  42-10  whether the household <person> to which <whom> the child would be
  42-11  returned includes a person who:
  42-12              (1)  has abused or neglected another child in a manner
  42-13  that caused serious injury to or the death of the other child; or
  42-14              (2)  has sexually abused another child.
  42-15        SECTION 108.  Section 263.001(a), Family Code, as added by
  42-16  House Bill 655, Acts of the 74th Legislature, Regular Session,
  42-17  1995, is amended by amending Subdivision (2) and adding
  42-18  Subdivisions (3) and (4) to read as follows:
  42-19              (2)  "Child's home" means the place of residence of at
  42-20  least one of the child's parents.
  42-21              (3)  "Household" means a unit composed of persons
  42-22  living together in the same dwelling, without regard to whether
  42-23  they are related to each other.
  42-24              (4)  "Substitute care" means the placement of a child
  42-25  who is in the conservatorship of the department or an authorized
  42-26  agency in care outside the child's home. The term includes foster
  42-27  care, institutional care, adoption, or placement with a relative of
  42-28  the child.
  42-29        SECTION 109.  Section 263.002, Family Code, as added by House
  42-30  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  42-31  amended to read as follows:
  42-32        Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT.  In a suit
  42-33  affecting the parent-child relationship in which the department or
  42-34  an authorized agency has been appointed by the court or designated
  42-35  in an affidavit of relinquishment of parental rights as the
  42-36  temporary or permanent managing conservator of a child, the court
  42-37  shall hold a hearing to review the conservatorship appointment and
  42-38  substitute <the department's or authorized agency's placement of
  42-39  the child in foster home care, group home care, or institutional>
  42-40  care.
  42-41        SECTION 110.  Section 263.003(c), Family Code, as added by
  42-42  House Bill 655, Acts of the 74th Legislature, Regular Session,
  42-43  1995, is amended to read as follows:
  42-44        (c)  The department shall request a review of substitute <the
  42-45  placement of the child in foster home care, group home care, or
  42-46  institutional> care, and its petition shall state that the purpose
  42-47  of the suit is to initiate periodic review of the necessity and
  42-48  propriety of the child's placement under this chapter.
  42-49        SECTION 111.  Section 263.202(b), Family Code, as added by
  42-50  House Bill 655, Acts of the 74th Legislature, Regular Session,
  42-51  1995, is amended to read as follows:
  42-52        (b)  A status hearing shall be limited to matters related to
  42-53  the contents and execution of the service plan filed with the
  42-54  court.  The court shall review the service plan that the department
  42-55  or other agency filed under this chapter for reasonableness,
  42-56  accuracy, and compliance with requirements of court orders and make
  42-57  findings as to whether:
  42-58              (1)  a plan that has the goal of returning the child to
  42-59  the child's parents adequately ensures that reasonable efforts are
  42-60  made to enable the child's parents to provide a safe environment
  42-61  for the child; and
  42-62              (2)  the child's parents have reviewed and understand
  42-63  the service plan and have been advised that unless the parents are
  42-64  willing and able to provide the child with a safe environment, even
  42-65  with the assistance of a service plan, within the reasonable period
  42-66  of time specified in the plan, the parents' parental and custodial
  42-67  duties and rights may be subject to restriction or to termination
  42-68  under this code or the child may not be returned to the parents.
  42-69        SECTION 112.  Section 263.303(b), Family Code, as added by
  42-70  House Bill 655, Acts of the 74th Legislature, Regular Session,
   43-1  1995, is amended to read as follows:
   43-2        (b)  The status report must:
   43-3              (1)  evaluate all relevant information concerning each
   43-4  of the guidelines under this chapter and the parties' compliance
   43-5  with the service plan; <and>
   43-6              (2)  recommend one of the following actions:
   43-7                    (A)  that the child be returned to the child's
   43-8  home and that the suit be dismissed;
   43-9                    (B)  that the child be returned to the child's
  43-10  home with the department or other agency retaining conservatorship;
  43-11                    (C)  that the child remain in substitute <foster>
  43-12  care for a specified period and that the child's parents continue
  43-13  to work toward providing the child with a safe environment;
  43-14                    (D)  that the child remain in substitute <foster>
  43-15  care for a specified period and that termination of parental rights
  43-16  be sought under this code;
  43-17                    (E)  that a child who has resided in substitute
  43-18  <foster> care for at least 18 months be placed or remain in
  43-19  permanent or long-term substitute <foster> care because of the
  43-20  child's special needs or circumstances; or
  43-21                    (F)  that other plans be made or other services
  43-22  provided in accordance with the child's special needs or
  43-23  circumstances; and
  43-24              (3)  with respect to a child 16 years of age or older,
  43-25  identify the services needed to assist the child in the transition
  43-26  to adult life.
  43-27        SECTION 113.  Section 263.304, Family Code, as added by House
  43-28  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  43-29  amended to read as follows:
  43-30        Sec. 263.304.  INITIAL REVIEW HEARING; TIME.  Not later than
  43-31  the 180th day after the date of the conclusion of the full
  43-32  adversary hearing under Chapter 262, the court shall hold a
  43-33  <review> hearing to review the status of, and permanency plan for,
  43-34  a child in substitute care in the court's jurisdiction, including
  43-35  the time for the completion of the plan and the projected date for
  43-36  the achievement of the child's permanency plan.
  43-37        SECTION 114.  Section 263.306, Family Code, as added by House
  43-38  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  43-39  amended to read as follows:
  43-40        Sec. 263.306.  REVIEW HEARINGS:  PROCEDURE.  At each review
  43-41  hearing the court shall determine:
  43-42              (1)  the identity of <identify> all persons or parties
  43-43  present at the hearing or those given notice but failing to appear;
  43-44              (2)  <consider all relevant information pertaining to
  43-45  the factors under this chapter to determine> whether the child's
  43-46  parents are willing and able to provide the child with a safe
  43-47  environment;
  43-48              (3)  <determine> the extent to which the child's
  43-49  parents have taken the necessary actions or responsibilities toward
  43-50  achieving the plan goal during the period of the service plan and
  43-51  the extent to which the department or other authorized agency has
  43-52  provided assistance to the parents as provided in the service plan;
  43-53              (4)  whether the child continues to need substitute
  43-54  care and whether the child's current placement is appropriate for
  43-55  meeting the child's needs;
  43-56              (5)  a date for achieving the child's permanency plan;
  43-57              (6)  if the child has been in substitute care for not
  43-58  less than 18 months, the future status of the child and the
  43-59  appropriateness of the date by which the child may return home and
  43-60  whether to render further appropriate orders;
  43-61              (7)  if the child is in substitute care outside the
  43-62  state, whether the out-of-state placement continues to be
  43-63  appropriate and in the best interest of the child;
  43-64              (8)  <determine> whether the child's parents are
  43-65  willing and able to provide the child with a safe environment
  43-66  without the assistance of a service plan and, if so, return the
  43-67  child to the parents;
  43-68              (9) <(5)  determine> whether the child's parents are
  43-69  willing and able to provide the child with a safe environment with
  43-70  the assistance of a service plan and, if so, return the child or
   44-1  continue the placement of the child in the child's home under the
   44-2  department's or other agency's supervision;
   44-3              (10) <(6)  determine> whether the child's parents are
   44-4  presently unwilling or unable to provide the child with a safe
   44-5  environment, even with the assistance of a service plan, and, if
   44-6  so, order the child to remain under the department's or other
   44-7  agency's managing conservatorship for a period of time specified by
   44-8  the court;
   44-9              (11) <(7)  determine> whether a long-term substitute
  44-10  <foster> care placement is in the child's best interest because of
  44-11  the child's special needs or circumstances and, if so, begin a
  44-12  long-term substitute <foster> care placement and if the child is
  44-13  placed in institutional care, whether efforts have been made to
  44-14  ensure placement of the child in the least restrictive environment
  44-15  consistent with the best interest and special needs of the child;
  44-16              (12) <(8)  determine> whether a child is 16 years of
  44-17  age or older and, if so, order the services that are needed to
  44-18  assist the child in making the transition from substitute <foster>
  44-19  care to independent living if the services are available in the
  44-20  community;
  44-21              (13) <(9)  determine> whether the child has been placed
  44-22  with the department under a voluntary placement agreement and, if
  44-23  so, order that the department will institute further proceedings or
  44-24  return the child to the parents;
  44-25              (14) <(10)  determine> whether the department or
  44-26  authorized agency has custody, care, and control of the child under
  44-27  an affidavit of relinquishment of parental rights naming the
  44-28  department managing conservator and, if so, direct the department
  44-29  or authorized agency to institute further proceedings; and
  44-30              (15) <(11)  determine> whether parental rights to the
  44-31  child have been terminated and, if so, determine whether the
  44-32  department or authorized agency will attempt to place the child for
  44-33  adoption.
  44-34        SECTION 115.  Section 263.308, Family Code, as added by House
  44-35  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  44-36  amended to read as follows:
  44-37        Sec. 263.308.  PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
  44-38  <(a)>  In a case in which the court determines that an order for
  44-39  the child to remain in the managing conservatorship of the
  44-40  department or other agency is appropriate, the court shall make a
  44-41  finding that the child's parents understand that unless the parents
  44-42  are willing and able to provide the child with a safe environment,
  44-43  even with the assistance of a service plan, the parents' parental
  44-44  and custodial duties and rights may be subject to restriction or to
  44-45  termination under this code.
  44-46        <(b)  In the case of a child residing in foster care for at
  44-47  least 18 months, the court shall determine the appropriateness of
  44-48  the target date by which the child may return home.  The court may
  44-49  also enter further orders that are appropriate.>
  44-50        SECTION 116.  Section 264.009, Family Code, as added by House
  44-51  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  44-52  amended to read as follows:
  44-53        Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
  44-54  COURT>.  (a) Except as provided by Subsection (b), in <In> any
  44-55  action <suit brought> under this title <in which the department
  44-56  requests to be named conservator of a child>, the department shall
  44-57  be represented in <the trial> court by the:
  44-58              (1)  prosecuting attorney who represents the state in
  44-59  criminal cases in the district or county court of the county where
  44-60  the action <suit> is brought <filed or transferred>; or
  44-61              (2)  attorney general.
  44-62        (b)  In a county with a population of 2,800,000 or more, in
  44-63  an action under this title, the department shall be represented in
  44-64  court by the:
  44-65              (1)  attorney who represents the state in civil cases
  44-66  in the district or county court of the county where the action is
  44-67  brought;  or
  44-68              (2)  attorney general.
  44-69        SECTION 117.  Subchapter B, Chapter 264, Family Code, as
  44-70  added by House Bill 655, Acts of the 74th Legislature, Regular
   45-1  Session, 1995, is amended by adding Section 264.109 to read as
   45-2  follows:
   45-3        Sec. 264.109.  ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE
   45-4  CARE CASES.  (a)  The placement of a child in substitute care by
   45-5  the department constitutes an assignment to the state of any
   45-6  support rights attributable to the child as of the date the child
   45-7  is placed in substitute care.
   45-8        (b)  If a child placed by the department in substitute care
   45-9  is entitled under federal law to Title IV-D child support
  45-10  enforcement services without the requirement of an application for
  45-11  services, the department shall immediately refer the case to the
  45-12  Title IV-D agency.  If an application for Title IV-D services is
  45-13  required and the department has been named managing conservator of
  45-14  the child, then an authorized representative of the department
  45-15  shall be the designated individual entitled to apply for services
  45-16  on behalf of the child and shall promptly apply for the services.
  45-17        (c)  The department and the Title IV-D agency shall execute a
  45-18  memorandum of understanding for the implementation of the
  45-19  provisions of this section and for the allocation between the
  45-20  department and the agency, consistent with federal laws and
  45-21  regulations, of any child support funds recovered by the Title IV-D
  45-22  agency in substitute care cases.  All child support funds recovered
  45-23  under this section and retained by the department or the Title IV-D
  45-24  agency and any federal matching or incentive funds resulting from
  45-25  child support collection efforts in substitute care cases shall be
  45-26  in excess of amounts otherwise appropriated to either the
  45-27  department or the Title IV-D agency by the legislature.
  45-28        SECTION 118.  Section 264.602(a), Family Code, as added by
  45-29  House Bill 655, Acts of the 74th Legislature, Regular Session,
  45-30  1995, is amended to read as follows:
  45-31        (a)  The statewide organization with which the attorney
  45-32  general contracts under Section 264.603 shall contract for services
  45-33  with <each> eligible volunteer advocate programs <program> to
  45-34  expand the existing services of the programs <program>.
  45-35        SECTION 119.  Section 264.603, Family Code, as added by House
  45-36  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  45-37  amended to read as follows:
  45-38        Sec. 264.603.  Administrative Contracts.  (a)  The attorney
  45-39  general shall contract with one statewide organization of
  45-40  individuals or groups of individuals who have expertise in the
  45-41  dynamics of child abuse and neglect and experience in operating
  45-42  volunteer advocate programs to<:>
  45-43              <(1)>  provide training, technical assistance, and
  45-44  evaluation services for the benefit of local volunteer advocate
  45-45  programs<; and>
  45-46              <(2)  manage the attorney general's contracts under
  45-47  Section 264.602>.
  45-48        (b)  The contract under this section shall provide that not
  45-49  more than 12 percent of the annual legislative appropriation to
  45-50  implement this subchapter may be spent for administrative purposes
  45-51  by the statewide organization with which the attorney general
  45-52  contracts under this section.
  45-53        SECTION 120.  Section 264.604(b), Family Code, as added by
  45-54  House Bill 655, Acts of the 74th Legislature, Regular Session,
  45-55  1995, is amended to read as follows:
  45-56        (b)  The statewide organization with which the attorney
  45-57  general contracts under Section 264.603 may not contract with a
  45-58  person that is not eligible under this section.  However, the
  45-59  statewide organization <attorney general> may waive the requirement
  45-60  in Subsection (a)(3) for an established program in a rural area or
  45-61  under other special circumstances.
  45-62        SECTION 121.  Section 264.606, Family Code, as added by House
  45-63  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
  45-64  amended to read as follows:
  45-65        Sec. 264.606.  Criteria for Award of Contracts.  The
  45-66  statewide organization with which the attorney general contracts
  45-67  under Section 264.603 shall consider the following in awarding a
  45-68  contract under Section 264.602:
  45-69              (1)  the volunteer advocate program's eligibility for
  45-70  and use of funds from local, state, or federal governmental
   46-1  sources, philanthropic organizations, and other sources;
   46-2              (2)  community support for the volunteer advocate
   46-3  program as indicated by financial contributions from civic
   46-4  organizations, individuals, and other community resources;
   46-5              (3)  whether the volunteer advocate program provides
   46-6  services that encourage the permanent placement of children through
   46-7  reunification with their families or timely placement with an
   46-8  adoptive family; and
   46-9              (4)  whether the volunteer advocate program has the
  46-10  endorsement and cooperation of the local juvenile court system.
  46-11        SECTION 122.  Section 264.607(b), Family Code, as added by
  46-12  House Bill 655, Acts of the 74th Legislature, Regular Session,
  46-13  1995, is amended to read as follows:
  46-14        (b)  The statewide organization with which the attorney
  46-15  general contracts under Section 264.603  may require that a
  46-16  contract under Section 264.602 require the volunteer advocate
  46-17  program to use forms provided by the attorney general.
  46-18        SECTION 123.  Subchapter F, Chapter 411, Government Code, is
  46-19  amended by adding Section 411.128 to read as follows:
  46-20        Sec. 411.128.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
  46-21  PERSON SEEKING TO ADOPT CHILD.  (a)  A person seeking to adopt a
  46-22  child under Chapter 162, Family Code, who is ordered by the court
  46-23  to obtain the person's own criminal history record information from
  46-24  the department under Section 162.0085, Family Code, shall request
  46-25  the information as provided by this section.
  46-26        (b)  A person requesting information under this section shall
  46-27  provide the department with the name and address of the court and
  46-28  the date set for the adoption hearing.
  46-29        (c)  The department shall provide the court with criminal
  46-30  history record information not later than the 10th day after the
  46-31  date on which the criminal history record information is requested.
  46-32        (d)  Criminal history record information requested under this
  46-33  section may not be released or disclosed to a person other than the
  46-34  court ordering the investigation except on court order or with the
  46-35  consent of the person who is the subject of the criminal history
  46-36  record information.
  46-37        SECTION 124.  Section 192.003, Health and Safety Code, is
  46-38  amended by amending Subsection (d), as added by Section 1, Chapter
  46-39  519, Acts of the 73rd Legislature, Regular Session, 1993, and
  46-40  Subsections (e) and (f) to read as follows:
  46-41        (e)  If the mother of the child is not married to the father
  46-42  of the child, a person listed by Subsection (a) or (b) who is
  46-43  responsible for filing the birth certificate shall <(d)  On the
  46-44  birth of a child, the hospital, physician, midwife, or person
  46-45  acting as a midwife in attendance or their designee at a birth
  46-46  may>:
  46-47              (1)  provide an opportunity for the child's mother and
  46-48  biological father to sign the birth certificate or a form
  46-49  prescribed by the department in which the biological father
  46-50  consents to be named as the child's father on the child's birth
  46-51  certificate; and
  46-52              (2)  provide written information about establishing
  46-53  paternity, including an explanation of the rights and
  46-54  responsibilities of acknowledging paternity and information about
  46-55  the availability of<, including an application for> child support
  46-56  services, <furnished by the attorney general,> to the child's
  46-57  mother and the father, if present <regarding the benefits of having
  46-58  her child's paternity established and of the availability of
  46-59  paternity establishment services>.
  46-60        (f) <(e)>  The local registrar shall transmit signed consent
  46-61  forms to the state registrar.
  46-62        (g) <(f)>  The state registrar shall transmit signed consent
  46-63  forms to the attorney general who may use such forms for any
  46-64  purpose directly connected with the provision of child support
  46-65  services pursuant to Chapter 231, Family Code <76, Human Resources
  46-66  Code>.
  46-67        SECTION 125.  Section 8, Article 1.05, Title 79, Revised
  46-68  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
  46-69  amended to read as follows:
  46-70        Sec. 8.  This article does not apply to interest that accrues
   47-1  on <delinquent> child support under Section 157.265 <14.34>, Family
   47-2  Code.
   47-3        SECTION 126.  Section 107B(f), Uniform Act Regulating Traffic
   47-4  on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
   47-5  amended to read as follows:
   47-6        (f)  Use or nonuse of a child passenger safety seat system is
   47-7  not admissible evidence in a civil trial, other than a proceeding
   47-8  under Subtitle A or B, Title 5, Family Code.
   47-9        SECTION 127.  Section 107C(j), Uniform Act Regulating Traffic
  47-10  on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
  47-11  amended to read as follows:
  47-12        (j)  Use or nonuse of a safety belt is not admissible
  47-13  evidence in a civil trial, other than a proceeding under Subtitle A
  47-14  or B, Title 5, Family Code.
  47-15        SECTION 128.  Sections 105.006(f), 162.023, 162.024, and
  47-16  264.612(c), Family Code, as added by House Bill 655, Acts of the
  47-17  74th Legislature, Regular Session, 1995, are repealed.
  47-18        SECTION 129.  This Act takes effect September 1, 1995, and
  47-19  applies to a pending suit affecting the parent-child relationship
  47-20  without regard to whether the suit was commenced before, on, or
  47-21  after the effective date of this Act.
  47-22        SECTION 130.  The importance of this legislation and the
  47-23  crowded condition of the calendars in both houses create an
  47-24  emergency and an imperative public necessity that the
  47-25  constitutional rule requiring bills to be read on three several
  47-26  days in each house be suspended, and this rule is hereby suspended.
  47-27                               * * * * *