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 * * * * *