By: Harris, Nelson S.B. No. 7
Montford
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the family, including the marriage relationship, the
1-2 parent-child relationship, suits affecting the parent-child
1-3 relationship, and the protection of children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (c), Section 1.05, Family Code, is
1-6 amended to read as follows:
1-7 (c) The affidavit of an absent applicant must include:
1-8 (1) the absent applicant's full name (including the
1-9 maiden surname, if applicable), address, date of birth, place of
1-10 birth (including city, county, and state), citizenship, and social
1-11 security number, if any;
1-12 (2) a statement of whether <declaration that> the
1-13 absent applicant has <not> been divorced within the last 30 days;
1-14 (3) a declaration that the absent applicant is not
1-15 presently married (unless to the other applicant and they wish to
1-16 marry again);
1-17 (4) a declaration that the other applicant is not
1-18 related to the absent applicant as:
1-19 (A) an ancestor or descendant, by blood or
1-20 adoption;
1-21 (B) a brother or sister, of the whole or half
1-22 blood or by adoption;
1-23 (C) a parent's brother or sister of the whole or
1-24 half blood; or
2-1 (D) a son or daughter of a brother or sister of
2-2 the whole or half blood or by adoption;
2-3 (5) a declaration that the absent applicant desires to
2-4 marry, and the name, age, and address of the person to whom the
2-5 absent applicant desires to be married;
2-6 (6) the approximate date on which the marriage is to
2-7 occur;
2-8 (7) the reason the absent applicant is unable to
2-9 appear personally before the county clerk for the issuance of the
2-10 license; and
2-11 (8) if the absent applicant will be unable to attend
2-12 the ceremony, the appointment of any adult, except the other
2-13 applicant, to act as proxy for the purpose of participating in the
2-14 ceremony.
2-15 SECTION 2. Subsection (b), Section 1.91, Family Code, is
2-16 amended to read as follows:
2-17 (b) If a <A> proceeding in which a marriage is to be proved
2-18 under Subsection (a)(2) is not <this section must be> commenced
2-19 before the second anniversary of <not later than one year after>
2-20 the date on which the parties separated and ceased living together,
2-21 it is rebuttably presumed that the parties did not enter into an
2-22 agreement to be married <relationship ended or not later than one
2-23 year after September 1, 1989, whichever is later>.
2-24 SECTION 3. Section 3.521, Family Code, is amended by
2-25 amending Subsection (c) and by adding Subsection (f) to read as
2-26 follows:
2-27 (c) The form authorized in this section and the form
3-1 authorized by Section 102.010 <11.09 of this code> may be combined
3-2 in appropriate situations.
3-3 (f) Notwithstanding Subsection (b), a default judgment may
3-4 not be taken against a party who makes an appearance in a suit for
3-5 dissolution of a marriage without filing an answer unless the court
3-6 gives the party notice of the trial setting for the suit.
3-7 SECTION 4. Subchapter C, Chapter 3, Family Code, is amended
3-8 by adding Section 3.531 to read as follows:
3-9 Sec. 3.531. EXPEDITED HEARING IN UNCONTESTED SUIT. (a) In
3-10 a suit for dissolution of a marriage in which the filed answer does
3-11 not contest any matter stated in the original petition or in which
3-12 a general denial is filed with a motion for expedited hearing, the
3-13 court may set the suit on the court's calendar for uncontested
3-14 matters for an expedited hearing to be held not later than the 30th
3-15 day after the date the answer is filed. At the conclusion of the
3-16 expedited hearing, the court may enter a final decree of divorce.
3-17 (b) A suit for dissolution may not be set for an expedited
3-18 hearing if:
3-19 (1) the parties to the suit are the parents of a child
3-20 younger than 18 years of age;
3-21 (2) there is a contested issue in the suit; or
3-22 (3) a party to the suit objects to the expedited
3-23 hearing.
3-24 (c) Section 3.60 does not apply to a suit for dissolution of
3-25 a marriage set for an expedited hearing under this section.
3-26 SECTION 5. Subchapter C, Chapter 3, Family Code, is amended
3-27 by adding Section 3.541 to read as follows:
4-1 Sec. 3.541. ALTERNATIVE DISPUTE RESOLUTION. (a) A court
4-2 may, on its own motion or on the motion of a party, refer a pending
4-3 suit for the dissolution of a marriage to resolution by an
4-4 alternative dispute resolution procedure in the same manner
4-5 provided for the referral of a pending dispute under Chapter 154,
4-6 Civil Practice and Remedies Code.
4-7 (b) A court may not require the parties to a suit for
4-8 dissolution of a marriage to participate in an alternative dispute
4-9 resolution procedure if an allegation of family violence is made
4-10 concerning one of the parties to the suit.
4-11 (c) Chapter 154, Civil Practice and Remedies Code, applies
4-12 to a suit referred for alternative dispute resolution under this
4-13 section.
4-14 (d) The parties to a suit for dissolution of a marriage who
4-15 are referred to an alternative dispute resolution proceeding under
4-16 this section shall begin participation in the program not later
4-17 than the 30th day after the date the referral is made. The court
4-18 may not schedule a hearing on the suit until proof of completion of
4-19 the alternative dispute resolution program is provided to the
4-20 court. If proof of completion of the program is provided before
4-21 the 60th day after the date the petition for divorce is filed, the
4-22 court may not schedule a hearing in the suit for dissolution until
4-23 the waiting period required by Section 3.60 is concluded.
4-24 (e) The expenses of alternative dispute resolution may be
4-25 taxed as costs against either or both parties.
4-26 SECTION 6. Subsections (b), (c), and (d), Section 3.55,
4-27 Family Code, are amended to read as follows:
5-1 (b) If the parties are parents of a child, as defined by
5-2 Section 101.003 <11.01 of this code>, and the child is not under
5-3 the continuing jurisdiction of any other court as provided by
5-4 Chapter 155 <under Section 11.05 of this code>, the suit for
5-5 divorce, annulment, or to declare the marriage void<,> must include
5-6 a suit affecting the parent-child relationship under Title 5
5-7 <Subtitle A, Title 2, of this code>. If a suit affecting the
5-8 parent-child relationship is pending at the time the suit for
5-9 divorce, annulment, or to declare a marriage void is filed, the
5-10 suit affecting the parent-child relationship shall be transferred
5-11 as provided by Section 103.002 to the court in which the suit for
5-12 dissolution of a marriage is filed.
5-13 (c) If the parties are parents of a child, as defined by
5-14 Section 101.003 <11.01 of this code>, and the child is under the
5-15 continuing jurisdiction of another court under Chapter 155 <Section
5-16 11.05 of this code>, either party to the suit for divorce,
5-17 annulment, or to declare the marriage void may move that court for
5-18 transfer of the suit affecting the parent-child relationship to the
5-19 court having jurisdiction of the suit or divorce, annulment, or to
5-20 declare the marriage void. The court with continuing jurisdiction
5-21 shall then transfer the proceeding to the court with jurisdiction
5-22 of the suit for divorce, annulment, or to declare the marriage void
5-23 as provided by Chapter 155. <Proceedings for transfer under this
5-24 section shall be governed by the procedures governing transfer
5-25 under Section 11.06 of this code.> On transfer of the proceedings
5-26 to the court with jurisdiction of the suit for divorce, annulment,
5-27 or to declare the marriage void, that court shall consolidate the
6-1 suit affecting the parent-child relationship with the suit for
6-2 divorce, annulment, or to declare the marriage void.
6-3 (d) After transfer of a suit affecting the parent-child
6-4 relationship as provided in Subsection (b) or (c) <of this
6-5 section>, or if the parties are parents of a child and no other
6-6 court has jurisdiction of the child, the court with jurisdiction of
6-7 the suit for divorce, annulment, or to declare the marriage void
6-8 has jurisdiction to render an order in the suit <make orders,
6-9 decrees, or judgments> affecting the parent-child relationship as
6-10 provided by Title 5 <in the same manner that a court with
6-11 jurisdiction of a suit affecting the parent-child relationship has
6-12 under Subtitle A, Title 2, of this code, and is subject to the same
6-13 rules, requirements, and standards set forth in Subtitle A, Title
6-14 2, of this code for such suits. On entering its decree or judgment
6-15 affecting the parent-child relationship, the court has continuing
6-16 jurisdiction under Section 11.05 of this code, and the decree or
6-17 judgment shall be treated for all purposes as though it were
6-18 entered in a suit affecting the parent-child relationship>.
6-19 SECTION 7. Subchapter C, Chapter 3, Family Code, is amended
6-20 by adding Section 3.56 to read as follows:
6-21 Sec. 3.56. DISCOVERY. (a) All discovery in a suit for
6-22 dissolution of a marriage must be completed not later than the 90th
6-23 day after the date the original petition is filed.
6-24 (b) A full and accurate inventory of the separate and
6-25 community property of the parties to the suit for dissolution must
6-26 be filed with the court not later than the 30th day after the date
6-27 discovery is completed in the suit.
7-1 SECTION 8. Section 4.02, Family Code, is amended to read as
7-2 follows:
7-3 Sec. 4.02. DUTY TO SUPPORT. Each spouse has the duty to
7-4 support the other spouse. <Each parent has the duty to support his
7-5 or her child during the period that the child is a minor, and
7-6 thereafter so long as the child is fully enrolled in an accredited
7-7 secondary school in a program leading toward a high school diploma
7-8 until the end of the school year in which the child graduates.> A
7-9 spouse <or parent> who fails to discharge the duty of support is
7-10 liable to any person who provides necessaries to the spouse <those>
7-11 to whom support is owed.
7-12 SECTION 9. Subchapter B, Chapter 5, Family Code, is amended
7-13 by adding Section 5.241 to read as follows:
7-14 Sec. 5.241. TRANSFERS AND DEBTS PENDING DIVORCE. (a) After
7-15 a petition for divorce or annulment is filed and until a final
7-16 decree is entered, if a spouse transfers real or personal property
7-17 or incurs a debt that would subject community property to
7-18 liability, in an action brought by the other spouse the transfer or
7-19 debt is voidable with respect to that spouse if the transfer was
7-20 made or the debt incurred with the intent to injure the rights of
7-21 that spouse.
7-22 (b) A transfer or debt under Subsection (a) is not voidable
7-23 if the person dealing with the transferor or debtor spouse did not
7-24 have actual knowledge of the intent to injure the rights of the
7-25 other spouse.
7-26 (c) In an action to void a transfer or debt under this
7-27 section, the spouse seeking to void the transfer or debt has the
8-1 burden of proving that the person dealing with the transferor or
8-2 debtor spouse had actual knowledge of the intent to injure the
8-3 rights of the other spouse.
8-4 SECTION 10. Section 32.001, Family Code, as added by H.B.
8-5 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
8-6 amended to read as follows:
8-7 Sec. 32.001. CONSENT BY NON-PARENT. (a) The following
8-8 persons may consent to medical, dental, psychological, and surgical
8-9 treatment of a child when the person having the right to consent as
8-10 otherwise provided by law cannot be contacted and that person has
8-11 not given actual notice to the contrary:
8-12 (1) a grandparent of the child;
8-13 (2) an adult brother or sister of the child;
8-14 (3) an adult aunt or uncle of the child;
8-15 (4) an educational institution in which the child is
8-16 enrolled that has received written authorization to consent from a
8-17 person having the right to consent;
8-18 (5) an adult who has actual care, control, and
8-19 possession of the child and has written authorization to consent
8-20 from a person having the right to consent;
8-21 (6) a court having jurisdiction over a suit affecting
8-22 the parent-child relationship of which the child is the subject;
8-23 <or>
8-24 (7) an adult responsible for the actual care, control,
8-25 and possession of a child under the jurisdiction of a juvenile
8-26 court or committed by a juvenile court to the care of an agency of
8-27 the state or county; or
9-1 (8) a peace officer who has lawfully taken custody of
9-2 a minor, if the peace officer has reasonable grounds to believe the
9-3 minor is in need of immediate medical treatment.
9-4 (b) <The person giving consent, a physician or dentist
9-5 licensed to practice medicine or dentistry in this state, or a
9-6 hospital or medical facility is not liable for the examination and
9-7 treatment of a child under this section except for the person's own
9-8 acts of negligence.>
9-9 <(c)> The Texas Youth Commission may consent to the medical,
9-10 dental, psychological, and surgical treatment of a child committed
9-11 to it under Title 3 when the person having the right to consent has
9-12 been contacted and that person has not given actual notice to the
9-13 contrary.
9-14 (c) <(d)> This section does not apply to consent for the
9-15 immunization of a child.
9-16 (d) A person who consents to the medical treatment of a
9-17 minor under Subsection (a)(7) or (8) is immune from liability for
9-18 damages resulting from the examination or treatment of the minor,
9-19 except to the extent of the person's own acts of negligence. A
9-20 physician or dentist licensed to practice in this state or a
9-21 hospital or medical facility at which a minor is treated is immune
9-22 from liability for damages resulting from the examination or
9-23 treatment of a minor under this section, except to the extent of
9-24 the person's own acts of negligence.
9-25 SECTION 11. Subsection (a), Section 42.006, Family Code, as
9-26 added by H.B. No. 655, Acts of the 74th Legislature, Regular
9-27 Session, 1995, is amended to read as follows:
10-1 (a) Damages may include:
10-2 (1) the actual costs and expenses incurred, including
10-3 attorney's fees, in:
10-4 (A) locating a child who is the subject of the
10-5 order;
10-6 (B) recovering possession of the child if the
10-7 petitioner is entitled to possession; and
10-8 (C) <(2) the actual costs and expenses,
10-9 including attorney's fees, incurred in> enforcing the order and
10-10 prosecuting the suit; and
10-11 (2) <(3)> mental suffering and anguish incurred by the
10-12 plaintiff because of a violation of the order.
10-13 SECTION 12. Section 102.003, Family Code, as added by H.B.
10-14 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
10-15 amended to read as follows:
10-16 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
10-17 suit may be filed at any time by:
10-18 (1) a parent of the child;
10-19 (2) the child through a representative authorized by
10-20 the court;
10-21 (3) a custodian or person having the right of
10-22 visitation with or access to the child appointed by an order of a
10-23 court of another state or country;
10-24 (4) a guardian of the person or of the estate of the
10-25 child;
10-26 (5) a governmental entity;
10-27 (6) an authorized agency;
11-1 (7) a licensed child placing agency;
11-2 (8) a man alleging himself to be the biological father
11-3 of a child filing in accordance with Chapter 160, subject to the
11-4 limitations of Section 160.101, but not otherwise;
11-5 (9) a person who has had actual care, control, and
11-6 possession of the child for not less than six months preceding the
11-7 filing of the petition;
11-8 (10) a person designated as the managing conservator
11-9 in a revoked or unrevoked affidavit of relinquishment under Chapter
11-10 161 or to whom consent to adoption has been given in writing under
11-11 Chapter 162; or
11-12 (11) a person with whom the child and the child's
11-13 guardian, managing conservator, or parent have resided for not less
11-14 than six months preceding the filing of the petition if the child's
11-15 guardian, managing conservator, or parent is deceased at the time
11-16 of the filing of the petition.
11-17 SECTION 13. Subsection (a), Section 102.009, Family Code, as
11-18 added by H.B. No. 655, Acts of the 74th Legislature, Regular
11-19 Session, 1995, is amended to read as follows:
11-20 (a) Except as provided by Subsection (b), the following
11-21 <persons> are entitled to service of citation on the filing of a
11-22 petition in an original suit:
11-23 (1) a managing conservator;
11-24 (2) a possessory conservator;
11-25 (3) a person having possession of or access to the
11-26 child under an order;
11-27 (4) a person required by law or by order to provide
12-1 for the support of the child;
12-2 (5) a guardian of the person of the child;
12-3 (6) a guardian of the estate of the child;
12-4 (7) each parent as to whom the parent-child
12-5 relationship has not been terminated or process has not been waived
12-6 under Chapter 161; <and>
12-7 (8) an alleged father, unless there is attached to the
12-8 petition an affidavit of waiver of interest in a child executed by
12-9 the alleged father as provided by Chapter 161; and
12-10 (9) the Department of Protective and Regulatory
12-11 Services, if the petition requests that the department be appointed
12-12 as managing conservator of the child.
12-13 SECTION 14. Section 104.005, Family Code, as added by H.B.
12-14 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-15 amended to read as follows:
12-16 Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
12-17 (a) If the testimony of a child is taken as provided by this
12-18 chapter <subchapter>, the child may not be compelled to testify in
12-19 court during the proceeding.
12-20 (b) The court may allow the testimony of a child of any age
12-21 to be taken in any manner provided by this chapter if the child,
12-22 because of a medical condition, is incapable of testifying in open
12-23 court.
12-24 SECTION 15. Section 105.002, Family Code, as added by H.B.
12-25 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-26 amended to read as follows:
12-27 Sec. 105.002. JURY. (a) Except as provided by Subsection
13-1 (b) <in a suit in which adoption is requested>, a party may demand
13-2 a jury trial.
13-3 (b) A party may not demand a jury trial in a suit in which
13-4 adoption is sought, including a trial on the issue of denial or
13-5 revocation of consent to the adoption by the managing conservator.
13-6 (c) The court may not render an order that contravenes the
13-7 verdict of the jury, except with respect to the issues of the
13-8 specific terms and conditions of possession of and access to the
13-9 child, support of the child, and the rights, privileges, duties,
13-10 and powers of sole managing conservators, joint managing
13-11 conservators, or possessory conservators, on which the court may
13-12 submit or refuse to submit issues to the jury as the court
13-13 determines appropriate, and on which issues the jury verdict is
13-14 advisory only.
13-15 SECTION 16. Subsections (b), (d), and (e), Section 105.006,
13-16 Family Code, as added by H.B. No. 655, Acts of the 74th
13-17 Legislature, Regular Session, 1995, are amended to read as follows:
13-18 (b) Except as provided by Subsection (c), in an order for
13-19 child support or possession of or access to a child the court shall
13-20 order each party to inform each <the clerk and all> other party
13-21 <parties> of a change in any of the information required by this
13-22 section to be included in the order:
13-23 (1) before the 11th day after the date of the change,
13-24 as long as any person, as a result of the order, is under an
13-25 obligation to pay child support or is entitled to possession of or
13-26 access to a child; and
13-27 (2) if the change in the information is an intended
14-1 change, on or before the 60th day before the date the party intends
14-2 to make the change, as long as any person, as a result of the
14-3 order, is under an obligation to pay child support or is entitled
14-4 to possession of or access to a child.
14-5 (d) An order in a suit that orders child support or
14-6 possession of or access to a child must contain the following
14-7 notice in bold-faced type or in capital letters:
14-8 "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
14-9 POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
14-10 TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
14-11 CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
14-12 MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
14-13 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
14-14 "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
14-15 PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
14-16 PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
14-17 "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
14-18 DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
14-19 CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
14-20 CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
14-21 TO THAT PARTY.
14-22 "A PERSON WHO IS ORDERED TO PAY CHILD SUPPORT OR WHO RECEIVES
14-23 CHILD SUPPORT UNDER AN ORDER WHO BELIEVES THAT A CHANGE OF
14-24 CIRCUMSTANCES WARRANTS A MODIFICATION OF THE CHILD SUPPORT
14-25 OBLIGATION MAY REQUEST A REVIEW AND MODIFICATION OF THE ORDER FROM
14-26 THE TITLE IV-D AGENCY. COURT-ORDERED CHILD SUPPORT CANNOT BE
14-27 INCREASED OR DECREASED UNTIL MODIFICATION IS ORDERED BY THE COURT.
15-1 "A PERSON WHO IS GRANTED POSSESSION OF OR ACCESS TO A CHILD
15-2 OR WHO IS ORDERED TO GIVE ANOTHER PERSON POSSESSION OF OR ACCESS TO
15-3 A CHILD UNDER AN ORDER AND BELIEVES THAT A CHANGE IN CIRCUMSTANCES
15-4 WARRANTS MODIFICATION OF THE TERMS OF POSSESSION OR ACCESS MAY FILE
15-5 A SUIT FOR MODIFICATION OF THE ORDER WITH THE COURT THAT HAS
15-6 CONTINUING JURISDICTION OF THE CHILD.
15-7 "A PERSON WHO SEEKS TO MODIFY AN ORDER FOR CHILD SUPPORT OR
15-8 POSSESSION OF OR ACCESS TO A CHILD MAY EMPLOY AN ATTORNEY TO SEEK
15-9 THE MODIFICATION."
15-10 (e) Except as provided by Subsection (c), an order in a suit
15-11 that orders child support or possession of or access to a child
15-12 must also contain the following order in bold-faced type or in
15-13 capital letters:
15-14 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
15-15 NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
15-16 AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
15-17 ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
15-18 ADDRESS OF PLACE OF EMPLOYMENT, AND WORK TELEPHONE NUMBER. THE
15-19 DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE CLERK OF
15-20 THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
15-21 ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO
15-22 POSSESSION OF OR ACCESS TO A CHILD. FAILURE BY A PARTY TO OBEY THE
15-23 ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY <THE CLERK> WITH
15-24 THE CURRENT MAILING ADDRESS OF THE <A> PARTY MAY RESULT IN THE
15-25 ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY
15-26 CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS
15-27 OF RECORD."
16-1 SECTION 17. Section 105.007, Family Code, as added by H.B.
16-2 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
16-3 amended to read as follows:
16-4 Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING INFORMATION
16-5 REGARDING <NOTICE OF CHANGE OF> CONSERVATOR'S EMPLOYER <RESIDENCE>.
16-6 (a) A party <who intends a change of place of residence> shall
16-7 comply with the order by giving written notice of the name of the
16-8 party's employer, the address of the party's employment, and the
16-9 party's work <intended date of change, new> telephone number<, and
16-10 new street address of residence> to the clerk of the court having
16-11 jurisdiction of the suit in which the order was made <and to every
16-12 other party who has possession of or access to the child>.
16-13 (b) The party must give written notice of any change in the
16-14 information described in Subsection (a) by registered or certified
16-15 mail before the 11th day after the date the information changed
16-16 <must be given on or before the 60th day before the conservator
16-17 changes the conservator's place of residence. If the conservator
16-18 did not know or could not have known of the change of residence or
16-19 if the required information was not available within the 60-day
16-20 period, the conservator shall supply the written notice of the
16-21 change of residence or the related information on or before the
16-22 fifth day after the date that the conservator knew or should have
16-23 known of the change or of the related information>.
16-24 (c) The court may waive the notice required by this section
16-25 on motion by the moving conservator if it finds that the giving of
16-26 notice <of a change of place of residence> would be likely to
16-27 expose the child or the conservator to harassment, abuse, serious
17-1 harm, or injury.
17-2 <(d) The notice may be given to a party by delivery of a
17-3 copy of the notice to the party either in person or by registered
17-4 or certified mail, return receipt requested, to the last known
17-5 address of the party.>
17-6 <(e) The notice may be given to the court by delivery of a
17-7 copy of the notice either in person to the clerk of the court or by
17-8 registered or certified mail addressed to the clerk of the court.>
17-9 SECTION 18. Chapter 107, Family Code, as added by H.B. No.
17-10 655, Acts of the 74th Legislature, Regular Session, 1995, is
17-11 amended to read as follows:
17-12 CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
17-13 SUBCHAPTER A. GUARDIAN AD LITEM REPRESENTATION
17-14 Sec. 107.001. APPOINTMENT OF GUARDIAN AD LITEM. (a) In a
17-15 suit in which termination of the parent-child relationship is
17-16 requested, the court or an associate judge shall appoint a guardian
17-17 ad litem to represent the interests of the child immediately after
17-18 the filing of the petition but before the full adversary hearing to
17-19 ensure adequate representation of the child, unless:
17-20 (1) the child is a petitioner;
17-21 (2) an attorney ad litem has been appointed for the
17-22 child; or
17-23 (3) the court or an associate judge finds that the
17-24 interests of the child will be represented adequately by a party to
17-25 the suit and are not adverse to that party.
17-26 (b) In any other suit, the court or an associate judge may
17-27 appoint a guardian ad litem.
18-1 (c) The managing conservator may be appointed guardian ad
18-2 litem if the managing conservator is not a parent of the child or a
18-3 person petitioning for adoption of the child and has no personal
18-4 interest in the suit.
18-5 (d) A guardian ad litem shall be appointed to represent any
18-6 other person entitled to service of citation under this code if the
18-7 person is incompetent or a child, unless the person has executed an
18-8 affidavit of relinquishment of parental rights or an affidavit of
18-9 waiver of interest in child containing a waiver of service of
18-10 citation.
18-11 (Sections 107.002 to 107.010 reserved for expansion
18-12 SUBCHAPTER B. ATTORNEY AD LITEM
18-13 Sec. 107.011 <107.002>. DISCRETIONARY APPOINTMENT OF
18-14 ATTORNEY AD LITEM. (a) An associate judge shall <may> recommend
18-15 the appointment of an attorney ad litem for any party in a case in
18-16 which the associate judge deems representation necessary to protect
18-17 the interests of the child who is the subject matter of the suit.
18-18 (b) The court shall <may> appoint an attorney ad litem for
18-19 any party in a case in which the court deems representation
18-20 necessary to protect the interests of the child who is the subject
18-21 matter of the suit.
18-22 Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
18-23 CHILD. <(c)> In a suit filed by a governmental entity requesting
18-24 termination of the parent-child relationship or to be named
18-25 conservator of a child, the court shall appoint an attorney ad
18-26 litem to represent the interests of the child immediately after the
18-27 filing, but before the full adversary hearing, <as soon as
19-1 practicable> to ensure adequate representation of the child
19-2 <child's interests>.
19-3 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
19-4 INDIGENT PARENT. (a) <(d)> In a suit in which termination of the
19-5 parent-child relationship is requested, the court shall appoint an
19-6 attorney ad litem to represent the interests of each indigent
19-7 parent of the child who responds in opposition to the termination.
19-8 (b) If both parents of the child are indigent and oppose
19-9 termination and the court finds that the interests of the parents
19-10 are not in conflict, the court may appoint a single attorney ad
19-11 litem to represent the interests of both parents.
19-12 Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
19-13 CHILD. (a) An attorney ad litem appointed under this subchapter
19-14 to represent a child may:
19-15 (1) investigate to the extent the attorney ad litem
19-16 considers appropriate to determine the facts of the case;
19-17 (2) obtain and review copies of all of the child's
19-18 relevant medical, psychological, and school records; and
19-19 (3) call, examine, and cross-examine witnesses.
19-20 (b) An attorney ad litem appointed to represent a child
19-21 shall within a reasonable time after the appointment:
19-22 (1) interview the child if the child is four years of
19-23 age or older; and
19-24 (2) interview individuals with significant knowledge
19-25 of the child's history and condition.
19-26 Sec. 107.015 <107.003>. AD LITEM FEES. (a) An attorney
19-27 appointed to represent a child or parent as authorized by this
20-1 subchapter is entitled to a reasonable fee in the amount set by the
20-2 court to be paid by the parents of the child unless the parents are
20-3 indigent.
20-4 (b) If the court or associate judge determines that the
20-5 parties or litigants are able to defray the costs of an ad litem's
20-6 compensation as determined by the reasonable and customary fees for
20-7 similar services in the county of jurisdiction, the costs may be
20-8 ordered paid by either or both parties, or the court or associate
20-9 judge may order either or both parties, prior to final hearing, to
20-10 pay the sums into the registry of the court or into an account
20-11 authorized by the court for the use and benefit of the ad litem on
20-12 order of the court. The sums may be taxed as costs to be assessed
20-13 against one or more of the parties.
20-14 (c) If indigency of the parents is shown, an attorney
20-15 appointed to represent a child or parent in a suit to terminate the
20-16 parent-child relationship shall be paid from the general funds of
20-17 the county according to the fee schedule that applies to an
20-18 attorney appointed to represent a child in a suit under Title 3 as
20-19 provided by Chapter 51.
20-20 Sec. 107.016. CONTINUED REPRESENTATION. In a suit brought
20-21 by a governmental entity seeking termination of the parent-child
20-22 relationship or appointment of the entity as conservator of the
20-23 child, an order appointing the Department of Protective and
20-24 Regulatory Services as the child's managing conservator may provide
20-25 for the continuation of the attorney ad litem appointment for any
20-26 period set by the court.
20-27 (Sections 107.017 to 107.030 reserved for expansion
21-1 SUBCHAPTER C. OTHER COURT APPOINTMENTS
21-2 Sec. 107.031 <107.004>. VOLUNTEER ADVOCATES. (a) In a suit
21-3 filed by a governmental entity, the court may appoint a person who
21-4 has received the court's approved training and who has been
21-5 certified by the court to appear at court hearings as a volunteer
21-6 advocate on behalf of the child.
21-7 (b) In addition, the court may appoint a group of
21-8 court-certified volunteers to serve as an administrative review
21-9 board to advise the court as to the conservatorship appointment and
21-10 the placement of the child by the Department of Protective and
21-11 Regulatory Services <department> or authorized agency in substitute
21-12 care.
21-13 (c) A court-appointed volunteer, a board member or employee
21-14 of a volunteer advocate charitable organization, or a member of an
21-15 administrative review board <person> is not liable for civil
21-16 damages for a recommendation made or opinion rendered while serving
21-17 or having served as a court-appointed volunteer, board member or
21-18 employee of a volunteer advocate charitable organization, or member
21-19 of an administrative review board under this section unless the act
21-20 or failure to act is wilfully wrongful, committed with conscious
21-21 indifference or reckless disregard for the safety of another,
21-22 committed in bad faith or with malice, or is grossly negligent.
21-23 (Sections 107.032 to 107.050 reserved for expansion
21-24 SUBCHAPTER D. SOCIAL STUDY
21-25 Sec. 107.051 <107.005>. ORDER FOR SOCIAL STUDY. (a) The
21-26 court may order the preparation of a social study into the
21-27 circumstances and condition of the child and of the home of any
22-1 person requesting managing conservatorship or possession of the
22-2 child.
22-3 (b) The social study may be made by a state agency,
22-4 including the Department of Protective and Regulatory Services
22-5 <department>, or a person appointed by the court.
22-6 (c) In a suit in which adoption is requested or possession
22-7 of or access to the child is an issue and in which the Department
22-8 of Protective and Regulatory Services is not a party or has no
22-9 interest, the court shall appoint a private agency or person to
22-10 conduct the social study.
22-11 Sec. 107.052. STANDARDS FOR CONDUCTING SOCIAL STUDY.
22-12 (a) The court may appoint an investigator to conduct the social
22-13 study required by this section who has the qualifications
22-14 established by the rules of the Department of Protective and
22-15 Regulatory Services <department> providing minimum qualifications
22-16 for persons who may conduct social studies. If the Department of
22-17 Protective and Regulatory Services <department> or another
22-18 governmental entity is appointed, the person who conducts the
22-19 investigation and makes the report must also have those
22-20 qualifications.
22-21 (b) <(d)> A study made under this section shall comply with
22-22 the rules of the Department of Protective and Regulatory Services
22-23 <department> establishing minimum standards, guidelines, and
22-24 procedures for social studies or the criteria established by the
22-25 court.
22-26 (c) <(e)> The social study shall contain any history of
22-27 physical, sexual, or emotional abuse suffered by the child.
23-1 <(f) In a suit in which adoption is requested or possession
23-2 of or access to the child is an issue and in which the department
23-3 is not a party or has no interest, the court shall appoint a
23-4 private agency or person to conduct the social study.>
23-5 Sec. 107.053. PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
23-6 <(g)> In all adoptions a copy of the report shall be made
23-7 available to the prospective adoptive parents prior to a final
23-8 order of adoption.
23-9 Sec. 107.054. REPORT FILED WITH COURT. <(h)> The agency or
23-10 person making the social study shall file with the court on a date
23-11 set by the court a report containing its findings and conclusions.
23-12 The report shall be made a part of the record of the suit.
23-13 Sec. 107.055. INTRODUCTION OF REPORT AT TRIAL.
23-14 (a) <(i)> Disclosure to the jury of the contents of a report to
23-15 the court of a social study is subject to the rules of evidence.
23-16 (b) <(j)> In a contested case, the agency or person making
23-17 the social study shall furnish copies of the report to the
23-18 attorneys for the parties before the earlier of:
23-19 (1) the seventh day after the date the social study is
23-20 completed; or
23-21 (2) the fifth day before the date of commencement of
23-22 the trial.
23-23 (c) <(k)> The court may compel the attendance of witnesses
23-24 necessary for the proper disposition of the suit, including a
23-25 representative of the agency making the social study, who may be
23-26 compelled to testify.
23-27 Sec. 107.056. PREPARATION FEE. <(l)> If the court orders
24-1 <the department to prepare> a social study to be conducted and a
24-2 report to be prepared, the court shall award the agency or other
24-3 person <department> a reasonable fee for the preparation of the
24-4 study that shall be taxed as costs and paid directly to the agency
24-5 or other person <department>. The person <department> may enforce
24-6 the order for the fee <in the department's own name>.
24-7 SECTION 19. Section 108.001, Family Code, as added by H.B.
24-8 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
24-9 amended to read as follows:
24-10 Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK.
24-11 (a) Except as provided by this chapter, the clerk of the court
24-12 shall transmit to the bureau of vital statistics <department> a
24-13 copy of the order rendered in a suit, together with the name and
24-14 all prior names, birth date, and place of birth of the child.
24-15 (b) The bureau of vital statistics <department> shall
24-16 maintain these records in a central file according to the name,
24-17 birth date, and place of birth of the child, the court that
24-18 rendered the order, and the docket number of the suit.
24-19 (c) All the records required under this section to be
24-20 maintained by the bureau of vital statistics and the records of a
24-21 child-placing agency that has ceased operations <department> are
24-22 confidential and no person is entitled to access to or information
24-23 from these records except for good cause <as provided by this
24-24 subtitle or> on an order of the court that rendered the order <for
24-25 good cause>.
24-26 SECTION 20. Section 108.003, Family Code, as added by H.B.
24-27 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
25-1 amended to read as follows:
25-2 Sec. 108.003. TRANSMITTAL OF FILES OF ADOPTION. (a) The
25-3 <On rendition of an order of adoption, the> clerk of a <the> court
25-4 that renders a decree of adoption shall, not later than the 10th
25-5 day of the first month after the month in which the adoption is
25-6 rendered, transmit to the central registry of the bureau of vital
25-7 statistics <department>:
25-8 (1) a complete file in the case, including all
25-9 pleadings, papers, studies, and records in the suit other than the
25-10 minutes of the court, if the petitioner has requested that the
25-11 complete file be sent;
25-12 (2) <, or> a certified copy of the petition and order
25-13 of adoption, excluding pleadings, papers, studies, and records
25-14 relating to a suit for divorce or annulment or to declare a
25-15 marriage void, if the petitioner did not request that the complete
25-16 file be sent; and
25-17 (3) <(2)> a report of adoption that includes:
25-18 (A) the name of the adopted child after adoption
25-19 as shown in the adoption order;
25-20 (B) the birth date of the adopted child;
25-21 (C) the docket number of the adoption suit;
25-22 (D) the identity of the court rendering the
25-23 adoption;
25-24 (E) the date of the adoption order;
25-25 (F) the name and address of each parent,
25-26 guardian, managing conservator, or other person whose consent to
25-27 adoption was required or waived under Chapter 162 <23>, or whose
26-1 parental rights were terminated in the adoption suit;
26-2 (G) the identity of the licensed child placing
26-3 agency, if any, through which the adopted child was placed for
26-4 adoption; and
26-5 (H) the identity, address, and telephone number
26-6 of the registry through which the adopted child may register as an
26-7 adoptee.
26-8 (b) Except for good cause shown or on an order of the court
26-9 that granted the adoption or terminated the proceedings under
26-10 Section 155.001, the records concerning a child maintained by the
26-11 district clerk after rendition of a decree of adoption, the records
26-12 of a child-placing agency that has ceased operations, and the
26-13 records required under this section to be maintained by the bureau
26-14 of vital statistics are confidential, and no person is entitled to
26-15 access to or information from these records.
26-16 SECTION 21. Section 108.004, Family Code, as added by H.B.
26-17 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
26-18 amended to read as follows:
26-19 Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
26-20 On the loss of jurisdiction of a court under Chapter 155, the clerk
26-21 of the court shall transmit to the central registry of the bureau
26-22 of vital statistics <department>:
26-23 (1) a complete file in the case, including all
26-24 pleadings, papers, studies, and records in the suit other than the
26-25 minutes of the court<, if the petitioner has requested that a
26-26 complete file be sent>; and <or>
26-27 (2) the <a certified copy of the petition, excluding
27-1 pleadings,> papers, studies, and records relating to a suit for
27-2 divorce or annulment or to declare a marriage void.
27-3 SECTION 22. Section 108.005, Family Code, as added by H.B.
27-4 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
27-5 amended to read as follows:
27-6 Sec. 108.005. ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
27-7 STATISTICS <DEPARTMENT>. (a) When the bureau of vital statistics
27-8 <department> receives the complete file or petition and order of
27-9 adoption, the bureau <it> shall close the records concerning that
27-10 child. Except for statistical purposes, the bureau <department>
27-11 may not disclose any information concerning the prior proceedings
27-12 affecting the child. Except as provided in Chapter 162, any
27-13 subsequent inquiry concerning the child who has been adopted shall
27-14 be handled as though the child had not been previously the subject
27-15 of a suit affecting the parent-child relationship.
27-16 (b) On the receipt of additional records concerning a child
27-17 who has been the subject of a suit affecting the parent-child
27-18 relationship in which the records have been closed, a new file
27-19 shall be made and maintained.
27-20 SECTION 23. Section 108.006, Family Code, as added by H.B.
27-21 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
27-22 amended to read as follows:
27-23 Sec. 108.006. FEES. (a) The bureau of vital statistics
27-24 <department> may charge a reasonable fee to cover the cost of
27-25 determining and sending information concerning the identity of the
27-26 court with continuing, exclusive jurisdiction.
27-27 (b) On the filing of a suit requesting the adoption of a
28-1 child, the clerk of the court shall collect an additional fee of
28-2 $15.
28-3 (c) The clerk shall send the fees collected under Subsection
28-4 (b) to the bureau of vital statistics for deposit in a special fund
28-5 in the state treasury from which the legislature may appropriate
28-6 money only to operate and maintain the central file and central
28-7 registry of the bureau <department>.
28-8 (d) The receipts from the fees charged under Subsection (a)
28-9 shall be deposited in a financial institution as determined by the
28-10 <executive> director of the bureau of vital statistics <department>
28-11 and withdrawn as necessary for the sole purpose of operating and
28-12 maintaining the central record file.
28-13 <(e) The funds received under Subsection (b) shall be
28-14 deposited in a special account in the general revenue fund. Funds
28-15 in the account may only be used for the operation of the central
28-16 record file. Sections 403.094 and 403.095, Government Code, do not
28-17 apply to the special account.>
28-18 SECTION 24. Section 108.007, Family Code, as added by H.B.
28-19 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
28-20 amended to read as follows:
28-21 Sec. 108.007. MICROFILM. (a) The bureau of vital
28-22 statistics <department> may use microfilm or other suitable means
28-23 for maintaining the central record file.
28-24 (b) A certified reproduction of a document maintained by the
28-25 bureau of vital statistics <department> is admissible in evidence
28-26 as the original document.
28-27 SECTION 25. Subsection (b), Section 151.002, Family Code, as
29-1 added by H.B. No. 655, Acts of the 74th Legislature, Regular
29-2 Session, 1995, is amended to read as follows:
29-3 (b) A presumption under this section may be rebutted as
29-4 provided by Section 160.110 <only by clear and convincing evidence.
29-5 If two or more presumptions arise that conflict, the presumption
29-6 that is founded on the weightier considerations of policy and logic
29-7 controls. The presumption is rebutted by a court order
29-8 establishing paternity of the child by another man>.
29-9 SECTION 26. Subsection (a), Section 151.003, Family Code, as
29-10 added by H.B. No. 655, Acts of the 74th Legislature, Regular
29-11 Session, 1995, is amended to read as follows:
29-12 (a) A parent of a child has the following rights and duties:
29-13 (1) the right to have physical possession, to direct
29-14 the moral and religious training, and to establish the residence of
29-15 the child;
29-16 (2) the duty of care, control, protection, and
29-17 reasonable discipline of the child;
29-18 (3) the duty to support the child, including providing
29-19 the child with clothing, food, shelter, medical and dental care,
29-20 and education;
29-21 (4) the duty, except when a guardian of the child's
29-22 estate has been appointed, to manage the estate of the child,
29-23 including the right <a power> as an agent of the child to act in
29-24 relation to the child's estate if the child's action is required by
29-25 a state, the United States, or a foreign government;
29-26 (5) the right to the services and earnings of the
29-27 child;
30-1 (6) the right to consent to the child's marriage,
30-2 enlistment in the armed forces of the United States, medical and
30-3 dental care, and psychiatric, psychological, and surgical
30-4 treatment;
30-5 (7) the right to represent the child in legal action
30-6 and to make other decisions of substantial legal significance
30-7 concerning the child;
30-8 (8) the right to receive and give receipt for payments
30-9 for the support of the child and to hold or disburse funds for the
30-10 benefit of the child;
30-11 (9) the right to inherit from and through the child;
30-12 <and>
30-13 (10) the right to make decisions concerning the
30-14 child's education; and
30-15 (11) any other right or duty existing between a parent
30-16 and child by virtue of law.
30-17 SECTION 27. Section 152.003, Family Code, as added by H.B.
30-18 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
30-19 amended by adding Subsection (e) to read as follows:
30-20 (e) A court that has jurisdiction of a suit under Subsection
30-21 (a)(3) for which a court in another state may exercise jurisdiction
30-22 under prerequisites substantially in accordance with Subsection
30-23 (a)(1) or (2) may enter only a temporary order to protect the
30-24 child. The suit shall be dismissed in this state on the date a
30-25 court of competent jurisdiction in another state signs an order in
30-26 the suit or on the 91st day after the date the court in this state
30-27 exercised its jurisdiction, whichever date occurs first.
31-1 SECTION 28. Section 153.001, Family Code, as added by H.B.
31-2 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
31-3 amended to read as follows:
31-4 Sec. 153.001. PUBLIC POLICY. (a) The public policy of this
31-5 state is to:
31-6 (1) assure that children will have frequent and
31-7 continuing contact with parents who have shown the ability to act
31-8 in the best interest of the child;
31-9 (2) provide a stable environment for the child; and
31-10 (3) encourage parents to share in the rights and
31-11 duties of raising their child after the parents have separated or
31-12 dissolved their marriage.
31-13 (b) A court may not render an order that conditions the
31-14 right of a conservator to possession of or access to a child on the
31-15 payment of child support.
31-16 SECTION 29. Subsection (c), Section 153.007, Family Code, as
31-17 added by H.B. No. 655, Acts of the 74th Legislature, Regular
31-18 Session, 1995, is amended to read as follows:
31-19 (c) Terms of the agreement contained in the order or
31-20 incorporated by reference regarding conservatorship or support of
31-21 or access to a child in an order may be enforced by all remedies
31-22 available for enforcement of a judgment, including contempt, but
31-23 are not enforceable as a contract <terms unless provided by the
31-24 agreement>.
31-25 SECTION 30. Subchapter A, Chapter 153, as added by H.B. No.
31-26 655, Acts of the 74th Legislature, Regular Session, 1995, is
31-27 amended by adding Section 153.013 to read as follows:
32-1 Sec. 153.013. FALSE REPORT OF CHILD ABUSE. (a) If a party
32-2 to a pending suit affecting the parent-child relationship makes a
32-3 report alleging child abuse by another party to the suit that the
32-4 reporting party knows lacks a factual foundation, the court shall
32-5 deem the report to be a knowingly false report.
32-6 (b) Evidence of a false report of child abuse is admissible
32-7 in a suit between the involved parties regarding the terms of
32-8 conservatorship of a child.
32-9 SECTION 31. Subsection (a), Section 153.073, Family Code, as
32-10 added by H.B. No. 655, Acts of the 74th Legislature, Regular
32-11 Session, 1995, is amended to read as follows:
32-12 (a) Unless limited by court order, a parent appointed as a
32-13 conservator of a child has at all times the right:
32-14 (1) as specified by court order:
32-15 (A) to receive information from the other parent
32-16 concerning the health, education, and welfare of the child; and
32-17 (B) <(2)> to confer with the other parent to the
32-18 extent possible before making a decision concerning the health,
32-19 education, and welfare of the child;
32-20 (2) <(3)> of access to medical, dental, psychological,
32-21 and educational records of the child;
32-22 (3) <(4)> to consult with a physician, dentist, or
32-23 psychologist of the child;
32-24 (4) <(5)> to consult with school officials concerning
32-25 the child's welfare and educational status, including school
32-26 activities;
32-27 (5) <(6)> to attend school activities;
33-1 (6) <(7)> to be designated on the child's records as a
33-2 person to be notified in case of an emergency;
33-3 (7) <(8)> to consent to medical, dental, and surgical
33-4 treatment during an emergency involving an immediate danger to the
33-5 health and safety of the child; and
33-6 (8) <(9)> to manage the estate of the child to the
33-7 extent the estate has been created by the parent or the parent's
33-8 family.
33-9 SECTION 32. Section 153.074, Family Code, as added by H.B.
33-10 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
33-11 amended to read as follows:
33-12 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
33-13 Unless limited by court order, a parent appointed as a conservator
33-14 of a child has the following rights and duties during the period
33-15 that the parent has possession of the child:
33-16 (1) the duty of care, control, protection, and
33-17 reasonable discipline of the child;
33-18 (2) the duty to support the child, including providing
33-19 the child with clothing, food, shelter, and medical and dental care
33-20 not involving an invasive procedure; <and>
33-21 (3) the right to consent for the child to medical and
33-22 dental care not involving an invasive procedure;
33-23 (4) the right to consent for the child to medical,
33-24 dental, and surgical treatment during an emergency involving
33-25 immediate danger to the health and safety of the child; and
33-26 (5) the right to direct the moral and religious
33-27 training of the child.
34-1 SECTION 33. Section 153.132, Family Code, as added by H.B.
34-2 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
34-3 amended to read as follows:
34-4 Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
34-5 MANAGING CONSERVATOR. Unless limited by court order, a parent
34-6 appointed as sole managing conservator of a child has the rights
34-7 and duties provided by Subchapter B and the following exclusive
34-8 rights:
34-9 (1) the right to establish the primary residence of
34-10 the child;
34-11 (2) the right to consent to medical, dental, and
34-12 surgical treatment involving invasive procedures, and to consent to
34-13 psychiatric and psychological treatment;
34-14 (3) the right to receive and give receipt for periodic
34-15 payments for the support of the child and to hold or disburse these
34-16 funds for the benefit of the child;
34-17 (4) the right to represent the child in legal action
34-18 and to make other decisions of substantial legal significance
34-19 concerning the child;
34-20 (5) the right to consent to marriage and to enlistment
34-21 in the armed forces of the United States;
34-22 (6) the right to make decisions concerning the child's
34-23 education;
34-24 (7) the right to the services and earnings of the
34-25 child; and
34-26 (8) <(7)> except when a guardian of the child's estate
34-27 or a guardian or attorney ad litem has been appointed for the
35-1 child, the right to act as an agent of the child in relation to the
35-2 child's estate if the child's action is required by a state, the
35-3 United States, or a foreign government.
35-4 SECTION 34. Section 153.371, Family Code, as added by H.B.
35-5 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
35-6 amended to read as follows:
35-7 Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
35-8 SOLE MANAGING CONSERVATOR. Unless limited by court order or other
35-9 provisions of this chapter, a nonparent, licensed child-placing
35-10 agency, or authorized agency appointed as a managing conservator of
35-11 the child has the following rights and duties:
35-12 (1) the right to have physical possession and <,> to
35-13 direct the moral and religious training<, and to establish the
35-14 primary residence> of the child;
35-15 (2) the duty of care, control, protection, and
35-16 reasonable discipline of the child;
35-17 (3) the duty to provide the child with clothing, food,
35-18 shelter, <and> education, and medical, psychological, and dental
35-19 care;
35-20 (4) the right to consent for the child to medical,
35-21 psychiatric, psychological, dental, and surgical treatment;
35-22 (5) the right to receive and give receipt for payments
35-23 for the support of the child and to hold or disburse funds for the
35-24 benefit of the child;
35-25 (6) the right to the services and earnings of the
35-26 child;
35-27 (7) the right to consent to marriage and to enlistment
36-1 in the armed forces of the United States;
36-2 (8) the right to represent the child in legal action
36-3 and to make other decisions of substantial legal significance
36-4 concerning the child;
36-5 (9) except when a guardian of the child's estate or a
36-6 guardian or attorney ad litem has been appointed for the child, the
36-7 right to act as an agent of the child in relation to the child's
36-8 estate if the child's action is required by a state, the United
36-9 States, or a foreign government; <and>
36-10 (10) the right to establish the primary residence of
36-11 the child and to make decisions regarding the child's education;
36-12 and
36-13 (11) if the parent-child relationship has been
36-14 terminated with respect to the parents, or only living parent, or
36-15 if there is no living parent, the right to consent to the adoption
36-16 of the child and to make any other decision concerning the child
36-17 that a parent could make.
36-18 SECTION 35. Section 153.256, Family Code, as added by H.B.
36-19 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
36-20 amended to read as follows:
36-21 Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
36-22 the terms of possession of a child under an order other than a
36-23 standard possession order, the court shall be guided by the
36-24 guidelines established by the standard possession order and may
36-25 consider:
36-26 (1) the age, developmental status, circumstances,
36-27 needs, and best interest of the child;
37-1 (2) the circumstances of the managing conservator and
37-2 of the parent named as a possessory conservator; and
37-3 (3) any other relevant factor.
37-4 SECTION 36. Section 153.313, Family Code, as added by H.B.
37-5 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
37-6 amended to read as follows:
37-7 Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
37-8 the possessory conservator resides more than 100 miles from the
37-9 residence of the child, the possessory conservator shall have the
37-10 right to possession of the child as follows:
37-11 (1) either regular weekend possession beginning on the
37-12 first, third, and fifth Friday as provided under the terms
37-13 applicable to parents who reside 100 miles or less apart or not
37-14 more than one weekend per month of the possessory conservator's
37-15 choice beginning at 6 p.m. on the day school recesses for the
37-16 weekend and ending at 6 p.m. on the day before school resumes after
37-17 the weekend, provided that the possessory conservator gives the
37-18 managing conservator 14 <seven> days' written or telephonic notice
37-19 preceding a designated weekend, and provided that the possessory
37-20 conservator elects an option for this alternative period of
37-21 possession by written notice given to the managing conservator
37-22 within 90 days after the parties begin to reside more than 100
37-23 miles apart, as applicable;
37-24 (2) each year beginning on the day the child is
37-25 dismissed from school for the school's spring vacation and ending
37-26 at 6 p.m. on the day before school resumes after that vacation;
37-27 (3) if the possessory conservator:
38-1 (A) gives the managing conservator written
38-2 notice by May 1 of each year specifying an extended period or
38-3 periods of summer possession, the possessory conservator shall have
38-4 possession of the child for 42 days beginning not earlier than the
38-5 day after the child's school is dismissed for the summer vacation
38-6 and ending not later than seven days before school resumes at the
38-7 end of the summer vacation, to be exercised in not more than two
38-8 separate periods of at least seven consecutive days each; or
38-9 (B) does not give the managing conservator
38-10 written notice by May 1 of each year specifying an extended period
38-11 or periods of summer possession, the possessory conservator shall
38-12 have possession of the child for 42 consecutive days beginning at 6
38-13 p.m. on June 15 and ending at 6 p.m. on July 27;
38-14 (4) if the managing conservator gives the possessory
38-15 conservator written notice by June 1 of each year the managing
38-16 conservator shall have possession of the child on one weekend
38-17 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
38-18 Sunday during one period of possession by the possessory
38-19 conservator under Subdivision (3), provided that if a period of
38-20 possession by the possessory conservator exceeds 30 days, the
38-21 managing conservator may have possession of the child under the
38-22 terms of this subdivision on two nonconsecutive weekends during
38-23 that time period, and further provided that the managing
38-24 conservator picks up the child from the possessory conservator and
38-25 returns the child to that same place; and
38-26 (5) if the managing conservator gives the possessory
38-27 conservator written notice by June 1 <May 15> of each year <or
39-1 gives the possessory conservator 30 days' written notice on or
39-2 after May 16 of each year>, the managing conservator may designate
39-3 21 days beginning not earlier than the day after the child's school
39-4 is dismissed for the summer vacation and ending not later than
39-5 seven days before school resumes at the end of the summer vacation,
39-6 to be exercised in not more than two separate periods of at least
39-7 seven consecutive days each, during which the possessory
39-8 conservator may not have possession of the child, provided that the
39-9 period or periods so designated do not interfere with the
39-10 possessory conservator's period or periods of extended summer
39-11 possession or with Father's Day if the possessory conservator is
39-12 the father of the child.
39-13 SECTION 37. Section 154.001, Family Code, as added by H.B.
39-14 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
39-15 amended to read as follows:
39-16 Sec. 154.001. SUPPORT OF CHILD. (a) The court may order
39-17 either or both parents to support a child in the manner specified
39-18 by the order:
39-19 (1) until the child is 18 years of age or until
39-20 graduation from high school, whichever occurs later;
39-21 (2) until the child is emancipated through marriage,
39-22 through removal of the disabilities of minority by court order, or
39-23 by other operation of law;
39-24 (3) until the death of the child; or
39-25 (4) if the child is disabled as defined in this
39-26 chapter, for an indefinite period.
39-27 (b) The court may order either or both parents to make
40-1 periodic payments for the support of a child in a proceeding in
40-2 which the Department of Protective and Regulatory Services is named
40-3 temporary managing conservator. In a proceeding in which the
40-4 Department of Protective and Regulatory Services is named permanent
40-5 managing conservator of a child whose parents' rights have not been
40-6 terminated, the court shall order each parent that is financially
40-7 able to make periodic payments for the support of the child.
40-8 SECTION 38. Subchapter A, Chapter 154, Family Code, as added
40-9 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
40-10 1995, is amended by adding Section 154.011 to read as follows:
40-11 Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR
40-12 ACCESS. A court may not render an order that conditions the
40-13 payment of child support on whether a managing conservator allows a
40-14 possessory conservator to have possession of or access to a child.
40-15 SECTION 39. Subsection (d), Section 154.062, Family Code, as
40-16 added by H.B. No. 655, Acts of the 74th Legislature, Regular
40-17 Session, 1995, is amended to read as follows:
40-18 (d) The court shall deduct the following items from
40-19 resources to determine the net resources available for child
40-20 support:
40-21 (1) social security taxes;
40-22 (2) federal income tax based on the tax rate for a
40-23 single person claiming one personal exemption and the standard
40-24 deduction;
40-25 (3) state income tax;
40-26 (4) union dues; and
40-27 (5) <(4)> expenses for health insurance coverage for
41-1 the obligor's child.
41-2 SECTION 40. Section 154.241, Family Code, as added by H.B.
41-3 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
41-4 amended by adding Subsection (e) to read as follows:
41-5 (e) Subject to Section 154.004, at the request of an
41-6 obligee, a local registry shall redirect and forward a child
41-7 support payment to an address and in care of a person or entity
41-8 designated by the obligee. A local registry may require that the
41-9 obligee's request be in writing or be made on a form provided by
41-10 the local registry for that purpose, but may not charge a fee for
41-11 receiving the request or redirecting the payments as requested.
41-12 SECTION 41. Subchapter F, Chapter 154, Family Code, as added
41-13 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
41-14 1995, is amended by adding Section 154.309 to read as follows:
41-15 Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT DISABLED
41-16 CHILD. (a) A court may render an order for the possession of or
41-17 access to an adult disabled child that is appropriate under the
41-18 circumstances.
41-19 (b) Possession of or access to an adult disabled child is
41-20 enforceable in the manner provided by Chapter 157. An adult
41-21 disabled child may refuse possession or access if the adult
41-22 disabled child is mentally competent.
41-23 SECTION 42. Subsections (a), (b), and (d), Section 155.101,
41-24 Family Code, as added by H.B. No. 655, Acts of the 74th
41-25 Legislature, Regular Session, 1995, are amended to read as follows:
41-26 (a) The petitioner or the court shall request from the
41-27 bureau of vital statistics <Department of Protective and Regulatory
42-1 Services> identification of the court that last had continuing,
42-2 exclusive jurisdiction of the child in a suit unless:
42-3 (1) the petition alleges that no court has continuing,
42-4 exclusive jurisdiction of the child and the issue is not disputed
42-5 by the pleadings; or
42-6 (2) the petition alleges that the court in which the
42-7 suit, petition for further remedy, or petition to modify has been
42-8 filed has acquired and retains continuing, exclusive jurisdiction
42-9 of the child as the result of a prior proceeding and the issue is
42-10 not disputed by the pleadings.
42-11 (b) The bureau of vital statistics <department> shall, on
42-12 the written request of the court, an attorney, or a party:
42-13 (1) identify the court that last had continuing,
42-14 exclusive jurisdiction of the child in a suit and give the docket
42-15 number of the suit; or
42-16 (2) state that the child has not been the subject of a
42-17 suit.
42-18 (d) The bureau of vital statistics <department> shall
42-19 transmit the information not later than the 10th day after the date
42-20 on which the request is received.
42-21 SECTION 43. Section 155.103, Family Code, as added by H.B.
42-22 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
42-23 amended to read as follows:
42-24 Sec. 155.103. RELIANCE ON DEPARTMENT INFORMATION. (a) A
42-25 court shall have jurisdiction over a suit if it has been, correctly
42-26 or incorrectly, informed by the bureau of vital statistics
42-27 <Department of Protective and Regulatory Services> that the child
43-1 has not been the subject of a suit and the petition states that no
43-2 other court has continuing, exclusive jurisdiction over the child.
43-3 (b) If the bureau of vital statistics <department> notifies
43-4 the court that the bureau <department> has furnished incorrect
43-5 information regarding the existence of another court with
43-6 continuing, exclusive jurisdiction before the rendition of a final
43-7 order, the provisions of this chapter apply.
43-8 SECTION 44. Section 155.104, Family Code, as added by H.B.
43-9 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
43-10 amended to read as follows:
43-11 Sec. 155.104. VOIDABLE ORDER. (a) If a request for
43-12 information from the bureau of vital statistics <Department of
43-13 Protective and Regulatory Services> relating to the identity of the
43-14 court having continuing, exclusive jurisdiction of the child has
43-15 been made under this subchapter, a final order, except an order of
43-16 dismissal, may not be rendered until the information is filed with
43-17 the court.
43-18 (b) If a final order is rendered in the absence of the
43-19 filing of the information from the bureau of vital statistics
43-20 <department>, the order is voidable on a showing that a court other
43-21 than the court that rendered the order had continuing, exclusive
43-22 jurisdiction.
43-23 SECTION 45. Section 156.101, Family Code, as added by H.B.
43-24 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
43-25 amended to read as follows:
43-26 Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
43-27 CONSERVATORSHIP. (a) The court may modify an order that
44-1 designates a sole managing conservator of a child of any age if:
44-2 (1) the circumstances of the child, sole managing
44-3 conservator, possessory conservator, or other party affected by the
44-4 order have materially and substantially changed since the date of
44-5 the rendition of the order;
44-6 (2) the retention of the present sole managing
44-7 conservator would be injurious to the welfare of the child; and
44-8 (3) the appointment of the new sole managing
44-9 conservator would be a positive improvement for the child.
44-10 (b) The court may modify an order that designates a sole
44-11 managing conservator of a child 12 years of age or older if:
44-12 (1) the child has filed with the court in writing the
44-13 name of the person who is the child's choice for managing
44-14 conservator; and
44-15 (2) the court finds that the appointment of the named
44-16 person is in the best interest of the child.
44-17 SECTION 46. Section 156.203, Family Code, as added by H.B.
44-18 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
44-19 amended to read as follows:
44-20 Sec. 156.203. MODIFICATION FROM JOINT MANAGING
44-21 CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP. The court may
44-22 replace a joint managing conservatorship with a sole managing
44-23 conservatorship if:
44-24 (1)(A) the child's present living environment may
44-25 endanger the child's physical health or significantly impair the
44-26 child's emotional development <welfare of the child is a matter of
44-27 immediate and serious concern>;
45-1 (B) there has been a substantial and unexcused
45-2 violation of the terms and conditions established in the existing
45-3 conservatorship order; or
45-4 (C) the circumstances of the child or of one or
45-5 both of the joint managing conservators have so materially and
45-6 substantially changed since the rendition of the order that it has
45-7 become unworkable or inappropriate under existing circumstances;
45-8 and
45-9 (2) the appointment of a sole managing conservator
45-10 would be a positive improvement for and in the best interest of the
45-11 child.
45-12 SECTION 47. Subsection (c), Section 157.062, Family Code, as
45-13 added by H.B. No. 655, Acts of the 74th Legislature, Regular
45-14 Session, 1995, is amended to read as follows:
45-15 (c) Notice <Except as provided in this chapter, the notice>
45-16 of hearing on a motion for enforcement of an existing order
45-17 providing for child support or possession of or access to a child
45-18 shall be given to the respondent by personal service of a copy of
45-19 the motion and notice not later than the 10th day before the date
45-20 of the hearing.
45-21 SECTION 48. Section 157.066, Family Code, as added by H.B.
45-22 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
45-23 amended to read as follows:
45-24 Sec. 157.066. FAILURE TO APPEAR. <(a)> If a respondent who
45-25 has been personally served with <sent> notice <by first class mail>
45-26 to appear at a hearing does not appear at the designated time,
45-27 place, and date to respond to a motion for enforcement of an
46-1 existing court order, regardless of whether the motion is joined
46-2 with other claims or remedies, the court may not hold the
46-3 respondent in contempt but may, on proper proof, grant a default
46-4 judgment for the relief sought and <personal service of notice of a
46-5 hearing shall be attempted.>
46-6 <(b) The court shall> issue a capias for the arrest of the
46-7 respondent <a party if:>
46-8 <(1) the party is allegedly in arrears in
46-9 court-ordered child support payments;>
46-10 <(2) the party has been ordered as provided in Chapter
46-11 105 to provide the clerk of the court with the party's current
46-12 mailing address;>
46-13 <(3) the party did not appear at the hearing; and>
46-14 <(4) subsequently an attempt to serve notice of the
46-15 hearing by personal service on the party has been unsuccessful
46-16 despite diligent efforts to serve process at the latest address on
46-17 file with the clerk and at any other address known to the moving
46-18 party at which the respondent may be served>.
46-19 SECTION 49. Subchapter D, Chapter 157, Family Code, as added
46-20 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
46-21 1995, is amended by adding Section 157.168 to read as follows:
46-22 Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. A
46-23 court may order additional periods of possession of or access to a
46-24 child to compensate for the denial of court-ordered possession or
46-25 access.
46-26 SECTION 50. Section 157.265, Family Code, as added by H.B.
46-27 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
47-1 amended to read as follows:
47-2 Sec. 157.265. ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
47-3 SUPPORT. (a) Interest accrues on delinquent child support at the
47-4 rate of 12 percent simple interest per year from the date the
47-5 support is delinquent until the date the support is paid or the
47-6 arrearages are confirmed and reduced to money judgment.
47-7 (b) Interest accrues on child support arrearages that have
47-8 been confirmed and reduced to money judgment as provided in this
47-9 subchapter at the rate of 12 percent simple interest per year from
47-10 the date the order is rendered until the date the judgment is paid.
47-11 (c) Interest accrues on a money judgment for retroactive or
47-12 lump-sum child support at the annual rate of 12 percent simple
47-13 interest from the date the order is rendered until the judgment is
47-14 paid.
47-15 SECTION 51. Subchapter F, Chapter 157, Family Code, as added
47-16 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
47-17 1995, is amended by adding Section 157.269 to read as follows:
47-18 Sec. 157.269. RETENTION OF JURISDICTION. A court that
47-19 renders an order providing for the payment of child support
47-20 arrearages retains jurisdiction until the arrearages are paid in
47-21 full as required by the court order.
47-22 SECTION 52. Subchapter A, Chapter 158, Family Code, as added
47-23 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
47-24 1995, is amended by adding Section 158.011 to read as follows:
47-25 Sec. 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR. (a) An
47-26 obligor may file with the clerk of the court a notarized request
47-27 signed by the obligor and the obligee for the issuance and delivery
48-1 to the obligor's employer of a writ of withholding. A request may
48-2 be filed under this section regardless of whether a notice of
48-3 delinquency has been served on any party or of the existence or
48-4 amount of an arrearage.
48-5 (b) On receipt of a request under this section, the clerk
48-6 shall issue and deliver a writ of withholding in the manner
48-7 provided by this chapter.
48-8 (c) An employer that receives a writ of withholding issued
48-9 under this section may request a hearing in the same manner and
48-10 according to the same terms provided by Section 158.205.
48-11 (d) An obligor whose employer receives a writ of withholding
48-12 issued under this section may request a hearing in the manner
48-13 provided by Section 158.309.
48-14 (e) An obligee may contest a writ of withholding issued
48-15 under this section by requesting, not later than the 180th day
48-16 after the date on which the obligee discovers that the writ has
48-17 been issued, a hearing in the manner provided by Section 158.309.
48-18 (f) A writ of withholding under this section may not reduce
48-19 the total amount of child support, including arrearages, owed by
48-20 the obligor.
48-21 SECTION 53. Subchapter B, Chapter 158, Family Code, as added
48-22 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
48-23 1995, is amended by adding Section 158.107 to read as follows:
48-24 Sec. 158.107. FEES FOR ISSUING AND DELIVERING WRIT. The
48-25 clerk of the court may charge a fee in a reasonable amount set by
48-26 the clerk, not to exceed $15, for each writ issued and delivered
48-27 under this chapter to an employer by mail.
49-1 SECTION 54. Subsection (b), Section 158.301, Family Code, as
49-2 added by H.B. No. 655, Acts of the 74th Legislature, Regular
49-3 Session, 1995, is amended to read as follows:
49-4 (b) The notice of withholding may be filed in the court of
49-5 continuing jurisdiction by:
49-6 (1) the Title IV-D agency;
49-7 (2) the attorney representing the local domestic
49-8 relations office;
49-9 (3) the attorney appointed a friend of the court as
49-10 provided in Chapter 202; <or>
49-11 (4) the obligor or obligee; or
49-12 (5) a private attorney representing the obligor or
49-13 obligee.
49-14 SECTION 55. Subsection (b), Section 158.309, Family Code, as
49-15 added by H.B. No. 655, Acts of the 74th Legislature, Regular
49-16 Session, 1995, is amended to read as follows:
49-17 (b) The court shall hold a hearing on the motion to stay not
49-18 later than the 30th day after the date the motion was filed, except
49-19 that a hearing on a motion to stay in a proceeding that is not in a
49-20 Title IV-D case may be held later than the 30th day after filing if
49-21 both the obligor and obligee agree and waive the right to have the
49-22 motion heard within 30 days.
49-23 SECTION 56. Subchapter D, Chapter 158, Family Code, as added
49-24 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
49-25 1995, is amended by adding Section 158.319 to read as follows:
49-26 Sec. 158.319. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
49-27 TO SUBSEQUENT EMPLOYER. (a) After the issuance of a writ of
50-1 withholding by the clerk, an attorney authorized to file a notice
50-2 of withholding under this subchapter may issue the writ of
50-3 withholding to a subsequent employer of the obligor by delivering
50-4 to the employer by certified mail a copy of the writ.
50-5 (b) The writ must include the name, address, and signature
50-6 of the attorney and clearly indicate that the writ is being issued
50-7 to a subsequent employer.
50-8 (c) The attorney shall file a copy of the writ with the
50-9 clerk not later than the third working day following delivery of
50-10 the writ to the subsequent employer. The attorney shall pay the
50-11 clerk a fee of $15 at the time the copy of the writ is filed.
50-12 (d) The attorney shall file the postal return receipt from
50-13 the delivery to the subsequent employer not later than the third
50-14 working day after the attorney receives the receipt.
50-15 SECTION 57. Subchapter E, Chapter 158, Family Code, as added
50-16 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
50-17 1995, is amended by adding new Sections 158.402 and 158.403 and
50-18 redesignating existing Sections 158.402 and 158.403 to read as
50-19 follows:
50-20 Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. If an obligor
50-21 and obligee agree on a reduction in or termination of child
50-22 support, the obligor and obligee may file a notarized request with
50-23 the clerk of the court under Section 158.011. The clerk shall
50-24 issue and deliver a writ of withholding to the obligor's employer
50-25 that reflects the agreed modification or the termination of
50-26 withholding.
50-27 Sec. 158.403. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
51-1 IN VOLUNTARY WITHHOLDING CASES. (a) If an obligor initiates
51-2 voluntary withholding under Section 158.011, the obligee or an
51-3 agency providing child support services may file with the clerk of
51-4 the court a notarized request signed by the obligor and the obligee
51-5 or agency, as appropriate, for the issuance and delivery to the
51-6 obligor of a:
51-7 (1) modified writ of withholding that reduces the
51-8 amount of withholding; or
51-9 (2) notice of termination of withholding.
51-10 (b) On receipt of a request under this section, the clerk
51-11 shall issue and deliver a modified writ of withholding or notice of
51-12 termination in the manner provided by Section 158.402.
51-13 (c) The clerk may charge a reasonable fee not to exceed $15
51-14 for filing the request.
51-15 (d) An obligee may contest a modified writ of withholding or
51-16 notice of termination issued under this section by requesting a
51-17 hearing in the manner provided by Section 158.309 not later than
51-18 the 180th day after the date the obligee discovers that the writ or
51-19 notice has been issued.
51-20 Sec. 158.404 <158.402>. DELIVERY OF ORDER OF REDUCTION OR
51-21 TERMINATION OF WITHHOLDING. If a court has rendered an order that
51-22 reduces the amount of child support to be withheld or terminates
51-23 withholding for child support, any person or governmental entity
51-24 may deliver to the employer a certified copy of the order without
51-25 the requirement that the clerk of the court deliver the order.
51-26 Sec. 158.405 <158.403>. LIABILITY OF EMPLOYERS. The
51-27 provisions of this chapter regarding the liability of employers for
52-1 withholding apply to an order that reduces or terminates
52-2 withholding.
52-3 SECTION 58. Section 160.101, Family Code, as added by H.B.
52-4 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
52-5 amended to read as follows:
52-6 Sec. 160.101. DENIAL OF PATERNITY. (a) The presumption
52-7 that a <A> man <who> is the biological <a presumed> father of a
52-8 child under Chapter 151 may be contested by:
52-9 (1) <,> the biological mother of the child;
52-10 (2) a man presumed to be the father of the child, who
52-11 may contest his own or another man's presumed paternity;
52-12 (3) a man alleging himself to be the biological father
52-13 of the child; or
52-14 (4) <, or> a governmental entity, authorized agency,
52-15 or a licensed child-placing agency <is entitled in a suit to deny a
52-16 presumed father's paternity of the child>.
52-17 (b) A contest <The question> of paternity <under this
52-18 section> must be raised by an express statement denying paternity
52-19 of the child in a party's pleadings in the suit, without regard to
52-20 whether the presumed father or biological mother is a petitioner or
52-21 respondent.
52-22 (c) <(b)> In a suit in which a question of paternity is
52-23 raised <under this section>, the court shall conduct the pretrial
52-24 proceedings and order scientifically accepted paternity testing as
52-25 <required in a suit> provided by this chapter.
52-26 SECTION 59. Section 160.110, Family Code, as added by H.B.
52-27 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
53-1 amended by amending Subsection (a) and by adding Subsections (d),
53-2 (e), (f), (g), and (h) to read as follows:
53-3 (a) In a suit in which there is a presumption of parentage
53-4 under Chapter 151, the party denying a presumed father's paternity
53-5 of the child has the burden of rebutting the presumption of
53-6 paternity by clear and convincing evidence.
53-7 (d) The court shall dismiss with prejudice a claim regarding
53-8 a presumed father whose paternity is excluded by scientifically
53-9 accepted paternity testing.
53-10 (e) If two or more presumptions are in conflict, the
53-11 presumption that is founded on the weightier considerations of
53-12 policy and logic controls. The court shall find that the weightier
53-13 presumption of paternity is that of a presumed father who is not
53-14 excluded as the biological father of the child by scientifically
53-15 accepted paternity testing that shows that at least 99 percent of
53-16 the male population is excluded.
53-17 (f) The court shall dismiss a suit contesting a presumption
53-18 of paternity filed by a man who is not a presumed father, but who
53-19 alleges himself to be the biological father of a child, if:
53-20 (1) the suit is filed after the second anniversary of
53-21 the later of:
53-22 (A) the date of birth of the child; or
53-23 (B) the time the presumption of paternity came
53-24 into existence after the child was born; and
53-25 (2) the presumed father:
53-26 (A) has resided in the same household as the
53-27 child in a father-child relationship or has established a
54-1 father-child relationship with the child through his other actions;
54-2 and
54-3 (B) requests an order designating him as the
54-4 father of the child.
54-5 (g) A suit contesting a presumption that a man is the
54-6 biological father of a child may be filed at any time during the
54-7 minority of the child by:
54-8 (1) the biological mother of the child;
54-9 (2) a presumed father; or
54-10 (3) a governmental entity, authorized agency, or
54-11 licensed child-placing agency.
54-12 (h) If a presumption of paternity is rebutted, the court
54-13 shall enter an order finding that the man presumed to be the father
54-14 of the child is not the biological father.
54-15 SECTION 60. Section 161.001, Family Code, as added by H.B.
54-16 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
54-17 amended to read as follows:
54-18 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
54-19 RELATIONSHIP. The court may order termination of the parent-child
54-20 relationship if the court finds <that>:
54-21 (1) that the parent has:
54-22 (A) voluntarily left the child alone or in the
54-23 possession of another not the parent and expressed an intent not to
54-24 return;
54-25 (B) voluntarily left the child alone or in the
54-26 possession of another not the parent without expressing an intent
54-27 to return, without providing for the adequate support of the child,
55-1 and remained away for a period of at least three months;
55-2 (C) voluntarily left the child alone or in the
55-3 possession of another without providing adequate support of the
55-4 child and remained away for a period of at least six months;
55-5 (D) knowingly placed or knowingly allowed the
55-6 child to remain in conditions or surroundings which endanger the
55-7 physical or emotional well-being of the child;
55-8 (E) engaged in conduct or knowingly placed the
55-9 child with persons who engaged in conduct which endangers the
55-10 physical or emotional well-being of the child;
55-11 (F) failed to support the child in accordance
55-12 with his ability during a period of one year ending within six
55-13 months of the date of the filing of the petition;
55-14 (G) abandoned the child without identifying the
55-15 child or furnishing means of identification, and the child's
55-16 identity cannot be ascertained by the exercise of reasonable
55-17 diligence;
55-18 (H) voluntarily, and with knowledge of the
55-19 pregnancy, abandoned the mother of the child beginning at a time
55-20 during her pregnancy with the child and continuing through the
55-21 birth, failed to provide adequate support or medical care for the
55-22 mother during the period of abandonment before the birth of the
55-23 child, and remained apart from the child or failed to support the
55-24 child since the birth;
55-25 (I) contumaciously refused to submit to a
55-26 reasonable and lawful order of a court under Chapter 264;
55-27 (J) been the major cause of:
56-1 (i) the failure of the child to be
56-2 enrolled in school as required by the Education Code; or
56-3 (ii) the child's absence from the child's
56-4 home without the consent of the parents or guardian for a
56-5 substantial length of time or without the intent to return;
56-6 (K) executed before or after the suit is filed
56-7 an unrevoked or irrevocable affidavit of relinquishment of parental
56-8 rights as provided by this chapter;
56-9 (L) been adjudicated to be criminally
56-10 responsible for the death or serious injury of a child <another of
56-11 his or her children>; <or>
56-12 (M) had his or her parent-child relationship
56-13 terminated with respect to another child based on a finding that
56-14 the parent's conduct was in violation of Paragraph (D) or (E); or
56-15 (N) constructively abandoned the child who has
56-16 been in the permanent or temporary managing conservatorship of the
56-17 Department of Protective and Regulatory Services or an authorized
56-18 agency for not less than one year, and:
56-19 (i) the department or authorized agency
56-20 has made reasonable efforts to return the child to the parent;
56-21 (ii) the parent has not visited or
56-22 maintained contact with the child; and
56-23 (iii) the parent has demonstrated an
56-24 inability to provide the child with a safe environment; and
56-25 (2) that termination is in the best interest of the
56-26 child.
56-27 SECTION 61. Subsection (a), Section 161.003, Family Code, as
57-1 added by H.B. No. 655, Acts of the 74th Legislature, Regular
57-2 Session, 1995, is amended to read as follows:
57-3 (a) The court may order termination of the parent-child
57-4 relationship in a suit filed by the Department of Protective and
57-5 Regulatory Services if the court finds that:
57-6 (1) the parent has a mental or emotional illness or a
57-7 mental deficiency that renders the parent unable to provide for the
57-8 physical, emotional, and mental needs of the child;
57-9 (2) the illness or deficiency, in all reasonable
57-10 probability, proved by clear and convincing evidence, will continue
57-11 to render the parent unable to provide for the child's needs until
57-12 the 18th birthday of the child;
57-13 (3) the department has been the temporary or sole
57-14 <permanent> managing conservator of the child of the parent for the
57-15 six months preceding the filing of the petition; and
57-16 (4) the termination is in the best interest of the
57-17 child.
57-18 SECTION 62. Section 161.005, Family Code, as added by H.B.
57-19 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
57-20 amended to read as follows:
57-21 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A
57-22 parent may file a suit for termination of the petitioner's
57-23 parent-child relationship. The court may order termination if
57-24 termination is in the best interest of the child.
57-25 (b) If the petition designates the Department of Protective
57-26 and Regulatory Services as managing conservator, the department
57-27 shall be given service of citation. The court shall notify the
58-1 department if the court appoints the department as the managing
58-2 conservator of the child.
58-3 SECTION 63. Subsection (a), Section 162.010, Family Code, as
58-4 added by H.B. No. 655, Acts of the 74th Legislature, Regular
58-5 Session, 1995, is amended to read as follows:
58-6 (a) Unless the managing conservator is the petitioner, the
58-7 written consent of a managing conservator to the adoption must be
58-8 filed. The court may waive the requirement of consent by the
58-9 managing conservator if the court finds that the consent is being
58-10 refused or has been revoked without good cause. A hearing on the
58-11 issue of consent shall be conducted by the court without a jury.
58-12 SECTION 64. Section 161.104, Family Code, as added by H.B.
58-13 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
58-14 amended to read as follows:
58-15 Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
58-16 PENDING COURT APPOINTMENT. A person, licensed child-placing
58-17 agency, or authorized agency designated managing conservator of a
58-18 child in an irrevocable or unrevoked affidavit of relinquishment
58-19 has a right to possession of the child superior to the right of the
58-20 person executing the affidavit, the right to consent to medical,
58-21 <and> surgical, dental, and psychological treatment of the child,
58-22 and the rights and duties given by Chapter 153 to a possessory
58-23 conservator until such time as these rights and duties are modified
58-24 or terminated by court order.
58-25 SECTION 65. Subsection (d), Section 161.107, Family Code, as
58-26 added by H.B. No. 655, Acts of the 74th Legislature, Regular
58-27 Session, 1995, is amended to read as follows:
59-1 (d) If the department is not able to locate a missing parent
59-2 or a relative of that parent and sufficient information is
59-3 available concerning the physical whereabouts of the parent or
59-4 relative, the department shall request the state agency designated
59-5 to administer a statewide plan for child support to use the
59-6 parental locator service established under 42 U.S.C. Section 653 to
59-7 determine the location of the missing parent or relative.
59-8 SECTION 66. Subsection (b), Section 162.004, Family Code, as
59-9 added by H.B. No. 655, Acts of the 74th Legislature, Regular
59-10 Session, 1995, is amended to read as follows:
59-11 (b) For good cause shown, the court may set the hearing at
59-12 any date after the report is filed <time that provides adequate
59-13 time for filing the social study>.
59-14 SECTION 67. Section 162.015, Family Code, as added by H.B.
59-15 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
59-16 amended to read as follows:
59-17 Sec. 162.015. RACE OR ETHNICITY. (a) In determining the
59-18 best interest of the child, the court may not deny or delay the
59-19 adoption or otherwise discriminate on the basis of race or
59-20 ethnicity of the child or the prospective adoptive parents.
59-21 (b) This section does not apply to a person, entity, tribe,
59-22 organization, or child custody proceeding subject to the Indian
59-23 Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). In
59-24 this subsection "child custody proceeding" has the meaning provided
59-25 by 25 U.S.C. Section 1903.
59-26 SECTION 68. Subsection (b), Section 162.021, Family Code, as
59-27 added by H.B. No. 655, Acts of the 74th Legislature, Regular
60-1 Session, 1995, is amended to read as follows:
60-2 (b) Rendition of the order does not relieve the clerk from
60-3 the duty to send the files or petitions and decrees of adoption to
60-4 the bureau of vital statistics <department> as required by this
60-5 subchapter.
60-6 SECTION 69. Subsections (b), (c), (d), (e), (f), and (g),
60-7 Section 162.405, Family Code, as added by H.B. No. 655, Acts of the
60-8 74th Legislature, Regular Session, 1995, are amended to read as
60-9 follows:
60-10 (b) <The clerk of the court in which an adoption is granted
60-11 shall, on or before the 10th day of the first month after the month
60-12 in which the adoption is granted, transmit to the administrator of
60-13 the central registry a report of adoption with respect to each
60-14 adoption granted. The report must include the following
60-15 information:>
60-16 <(1) the name of the adopted child after adoption as
60-17 shown in the final adoption decree;>
60-18 <(2) the birth date of the adopted child;>
60-19 <(3) the docket number of the adoption suit;>
60-20 <(4) the identity of the court granting the adoption;>
60-21 <(5) the date of the final adoption decree;>
60-22 <(6) the name and address of each parent, guardian,
60-23 managing conservator, or other person whose consent to adoption was
60-24 required or waived under Section 162.010 or whose parental rights
60-25 were terminated in the adoption suit;>
60-26 <(7) the identity of the authorized agency, if any,
60-27 through which the adopted child was placed for adoption; and>
61-1 <(8) the identity, address, and telephone number of
61-2 the registry through which the adopted child may register as an
61-3 adoptee.>
61-4 <(c)> An authorized agency may file with the administrator
61-5 of the central registry a report of adoption with respect to any
61-6 person adopted during the person's minority before January 1, 1984.
61-7 The report may include:
61-8 (1) the name of the adopted child after adoption as
61-9 shown in the final adoption decree;
61-10 (2) the birth date of the adopted child;
61-11 (3) the docket number of the adoption suit;
61-12 (4) the identity of the court granting the adoption;
61-13 (5) the date of the final adoption decree;
61-14 (6) the identity of the agency, if any, through which
61-15 the adopted child was placed; and
61-16 (7) the identity, address, and telephone number of the
61-17 registry through which the adopted child may register as an
61-18 adoptee.
61-19 (c) <(d)> On receiving an inquiry by an adoptee who has
61-20 provided satisfactory proof of age and identity and paid all
61-21 required inquiry fees, the administrator of the central registry
61-22 shall review the information on file in the central index. If the
61-23 index reveals that the adoptee was not placed for adoption through
61-24 an authorized agency, the administrator of the central registry
61-25 shall issue the adoptee an official certificate stating that the
61-26 adoptee is entitled to apply for registration through the central
61-27 registry. If the index identifies an authorized agency through
62-1 which the adoptee was placed for adoption, the administrator of the
62-2 central registry shall determine the identity of the registry
62-3 through which the adoptee may register. If the administrator of
62-4 the central registry cannot determine from the index whether the
62-5 adoptee was placed for adoption through an authorized agency, the
62-6 administrator of the central registry shall determine the identity
62-7 of the registry with which the adoptee may register.
62-8 (d) <(e)> Each administrator shall, not later than the 30th
62-9 day after the date of receiving an inquiry from the administrator
62-10 of the central registry, respond in writing to the inquiry that the
62-11 registrant was not placed for adoption by an agency served by that
62-12 registry or that the registrant was placed for adoption by an
62-13 agency served by that registry. If the registrant was placed for
62-14 adoption by an agency served by the registry, the administrator
62-15 shall file a report with the administrator of the central registry
62-16 including the information described by Subsections (b) <(c)>
62-17 (1)-(6).
62-18 (e) <(f)> After completing the investigation, the
62-19 administrator of the central registry shall issue an official
62-20 certificate stating:
62-21 (1) the identity of the registry through which the
62-22 adoptee may apply for registration, if known; or
62-23 (2) if the administrator cannot make a conclusive
62-24 determination, that the adoptee is entitled to apply for
62-25 registration through the central registry and is entitled to apply
62-26 for registration through other registries created under this
62-27 subchapter.
63-1 (f) <(g)> On receiving an inquiry by a birth parent who has
63-2 provided satisfactory proof of identity and age and paid all
63-3 required inquiry fees, the administrator of the central registry
63-4 shall review the information on file in the central index and
63-5 consult with the administrators of other registries in the state in
63-6 order to determine the identity of the appropriate registry or
63-7 registries through which the birth parent may register. Each
63-8 administrator shall, not later than the 30th day after the date of
63-9 receiving an inquiry from the administrator of the central
63-10 registry, respond in writing to the inquiry. After completing the
63-11 investigation, the administrator of the central registry shall
63-12 provide the birth parent with a written statement either
63-13 identifying the name, address, and telephone number of each
63-14 registry through which registration would be appropriate or stating
63-15 that after diligent inquiry the administrator cannot determine the
63-16 specific registry or registries through which registration would be
63-17 appropriate.
63-18 SECTION 70. Subchapter B, Chapter 201, Family Code, as added
63-19 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
63-20 1995, is amended by adding Section 201.111 to read as follows:
63-21 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT. (a) Except
63-22 as provided by Subsection (b), not later than the 30th day after
63-23 the date a master's report is filed, the referring court shall:
63-24 (1) adopt, approve, or reject the master's report;
63-25 (2) hear further evidence; or
63-26 (3) recommit the matter for further proceedings.
63-27 (b) The time limit in Subsection (a) does not apply if a
64-1 party has filed a written notice of appeal to the referring court.
64-2 SECTION 71. Section 231.006, Family Code, as added by H.B.
64-3 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
64-4 amended to read as follows:
64-5 Sec. 231.006. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
64-6 OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS. (a) A child support
64-7 obligor who is more than 30 days delinquent in paying child support
64-8 and a business entity in which the obligor is a sole proprietor,
64-9 partner, shareholder, or owner with an ownership interest of at
64-10 least 25 percent is not eligible to:
64-11 (1) receive payments from state funds under <submit a
64-12 bid or enter into> a contract to provide property, materials, or
64-13 services <under a contract with the state>; or
64-14 (2) receive a state-funded grant or loan.
64-15 (b) <A sole proprietorship, partnership, corporation, or
64-16 other entity in which a sole proprietor, partner, majority
64-17 shareholder, or substantial owner is a delinquent obligor who is
64-18 ineligible to bid on a state contract as provided by this section
64-19 may not bid on a state contract.>
64-20 <(c)> A child support obligor or business entity ineligible
64-21 to receive payments under Subsection (a) remains ineligible <to
64-22 submit a bid on or enter into a state contract or apply for a
64-23 state-funded grant or loan as provided by this section> until:
64-24 (1) all arrearages have been paid; or
64-25 (2) the obligor is in compliance with a written
64-26 repayment agreement or court order as to any existing delinquency.
64-27 (c) A bid or an application for a contract, grant, or loan
65-1 paid from state funds must include the name and social security
65-2 number of the individual or sole proprietor and each partner,
65-3 shareholder, or owner with an ownership interest of at least 25
65-4 percent of the business entity submitting the bid or application.
65-5 (d) A contract, bid, or application subject to the
65-6 requirements of this section must include the following statement:
65-7 "Under Section 231.006, Family Code, the vendor or applicant
65-8 certifies that the individual or business entity named in this
65-9 contract, bid, or application is not ineligible to receive the
65-10 specified grant, loan, or payment and acknowledges that this
65-11 contract may be terminated and payment may be withheld if this
65-12 certification is inaccurate."
65-13 (e) If a state agency determines that an individual or
65-14 business entity holding a state contract is ineligible to receive
65-15 payment under Subsection (a), the contract may be terminated.
65-16 (f) If the certificate required under Subsection (d) is
65-17 shown to be false, the vendor is liable to the state for attorney's
65-18 fees, the costs necessary to complete the contract, including the
65-19 cost of advertising and awarding a second contract, and any other
65-20 damages provided by law or contract.
65-21 (g) This section does not create a cause of action to
65-22 contest a bid or award of a state grant, loan, or contract. This
65-23 section does not impose a duty on the Title IV-D agency to collect
65-24 information to send to the comptroller to withhold a payment to a
65-25 business entity. The Title IV-D agency and other affected agencies
65-26 are encouraged to develop a system by which the Title IV-D agency
65-27 may identify a business entity that is ineligible to receive a
66-1 state payment under Subsection (a) and to ensure that a state
66-2 payment to the entity is not made. This system should be
66-3 implemented using existing funds and only if the Title IV-D agency,
66-4 comptroller, and other affected agencies determine that it will be
66-5 cost-effective.
66-6 (h) This section does not apply to a contract between
66-7 governmental entities.
66-8 (i) <(d) Each bidder for a state contract or applicant for a
66-9 state funded loan or grant as provided by this section shall submit
66-10 a signed, sworn statement accompanying any bid or application for a
66-11 grant or loan affirming that the bidder or applicant is not more
66-12 than 30 days delinquent in providing child support under a court
66-13 order or a written repayment agreement.>
66-14 <(e)> The Title IV-D agency <and the General Services
66-15 Commission> may adopt rules or prescribe forms to implement any
66-16 provision of this section.
66-17 SECTION 72. Section 231.302, Family Code, as added by H.B.
66-18 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
66-19 amended by adding Subsections (c), (d), (e), and (f) to read as
66-20 follows:
66-21 (c) To assist in the administration of laws relating to
66-22 child support enforcement under Parts A and D of Title IV of the
66-23 federal Social Security Act, as amended (42 U.S.C. Sections 601-617
66-24 and 651-669):
66-25 (1) each licensing authority shall request and each
66-26 applicant for a license shall provide the applicant's social
66-27 security number;
67-1 (2) each agency administering a contract that provides
67-2 for a payment of state funds shall request and each individual or
67-3 entity bidding on a state contract shall provide the individual's
67-4 or entity's social security number as required by Section 231.006;
67-5 and
67-6 (3) each agency administering a state-funded grant or
67-7 loan program shall request and each applicant for a grant or loan
67-8 shall provide the applicant's social security number as required by
67-9 Section 231.006.
67-10 (d) This section does not limit the right of an agency or
67-11 licensing authority to collect and use a social security number
67-12 under another provision of law.
67-13 (e) Except as provided by Subsection (d), a social security
67-14 number provided under this section is confidential and may be
67-15 disclosed only for the purposes of responding to a request for
67-16 information from an agency operating under the provisions of Parts
67-17 A and D of Title IV of the federal Social Security Act, as amended
67-18 (42 U.S.C. Sections 601-617 and 651-669).
67-19 (f) Information collected by the Title IV-D agency under
67-20 this section may be used only for child support purposes.
67-21 SECTION 73. Subtitle D, Title 5, Family Code, as added by
67-22 H.B. No. 655, Acts of the 74th Legislature, Regular Session, 1995,
67-23 is amended by adding Chapter 232 to read as follows:
67-24 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE
67-25 TO PAY CHILD SUPPORT
67-26 Sec. 232.001. DEFINITIONS. In this chapter:
67-27 (1) "License" means a license, certificate,
68-1 registration, permit, or other authorization that:
68-2 (A) is issued by a licensing authority;
68-3 (B) is subject before expiration to suspension,
68-4 revocation, forfeiture, or termination by the issuing licensing
68-5 authority; and
68-6 (C) a person must obtain to:
68-7 (i) practice or engage in a particular
68-8 business, occupation, or profession;
68-9 (ii) operate a motor vehicle; or
68-10 (iii) engage in any other regulated
68-11 activity, including hunting, fishing, or other recreational
68-12 activity for which a license or permit is required.
68-13 (2) "Licensing authority" means a department,
68-14 commission, board, office, or other agency of the state or a
68-15 political subdivision of the state that issues a license.
68-16 (3) "Order suspending license" means an order issued
68-17 by the Title IV-D agency or a court directing a licensing authority
68-18 to suspend a license.
68-19 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
68-20 following state agencies are licensing authorities subject to this
68-21 chapter:
68-22 (1) Department of Agriculture;
68-23 (2) Texas Commission on Alcohol and Drug Abuse;
68-24 (3) Texas Alcoholic Beverage Commission;
68-25 (4) Texas Appraiser Licensing and Certification Board;
68-26 (5) Texas Board of Architectural Examiners;
68-27 (6) State Board of Barber Examiners;
69-1 (7) Texas Board of Chiropractic Examiners;
69-2 (8) Comptroller of Public Accounts;
69-3 (9) Texas Cosmetology Commission;
69-4 (10) Court Reporters Certification Board;
69-5 (11) State Board of Dental Examiners, if the 74th
69-6 Legislature, at its regular session, enacts legislation that
69-7 becomes law authorizing a state agency to regulate the practice of
69-8 dentistry;
69-9 (12) Texas State Board of Examiners of Dietitians;
69-10 (13) Texas Funeral Service Commission;
69-11 (14) Texas Department of Health;
69-12 (15) Texas Board of Professional Land Surveying;
69-13 (16) Texas Department of Licensing and Regulation;
69-14 (17) Texas State Board of Examiners of Marriage and
69-15 Family Therapists;
69-16 (18) Texas State Board of Medical Examiners;
69-17 (19) Midwifery Board;
69-18 (20) Texas Natural Resource Conservation Commission;
69-19 (21) Board of Nurse Examiners;
69-20 (22) Texas Board of Nursing Facility Administrators;
69-21 (23) Texas Board of Occupational Therapy Examiners;
69-22 (24) Texas Optometry Board;
69-23 (25) Parks and Wildlife Department;
69-24 (26) Texas State Board of Examiners of Perfusionists;
69-25 (27) Texas State Board of Pharmacy;
69-26 (28) Texas Board of Physical Therapy Examiners;
69-27 (29) Texas State Board of Plumbing Examiners;
70-1 (30) Texas State Board of Podiatry Examiners;
70-2 (31) Polygraph Examiners Board;
70-3 (32) Texas Board of Private Investigators and Private
70-4 Security Agencies;
70-5 (33) Texas State Board of Examiners of Professional
70-6 Counselors;
70-7 (34) State Board of Registration for Professional
70-8 Engineers;
70-9 (35) Department of Protective and Regulatory Services;
70-10 (36) Texas State Board of Examiners of Psychologists;
70-11 (37) Texas State Board of Public Accountancy;
70-12 (38) Department of Public Safety of the State of
70-13 Texas;
70-14 (39) Public Utility Commission of Texas;
70-15 (40) Railroad Commission of Texas;
70-16 (41) Texas Real Estate Commission;
70-17 (42) State Bar of Texas;
70-18 (43) Texas State Board of Social Worker Examiners;
70-19 (44) State Board of Examiners for Speech-Language
70-20 Pathology and Audiology;
70-21 (45) Texas Structural Pest Control Board;
70-22 (46) Board of Tax Professional Examiners;
70-23 (47) Secretary of State;
70-24 (48) Supreme Court of Texas;
70-25 (49) Texas Transportation Commission;
70-26 (50) State Board of Veterinary Medical Examiners;
70-27 (51) Board of Vocational Nurse Examiners;
71-1 (52) Texas Ethics Commission;
71-2 (53) Texas Department of Insurance;
71-3 (54) Texas Board of Licensure for Professional Medical
71-4 Physicists;
71-5 (55) State Committee of Examiners in the Fitting and
71-6 Dispensing of Hearing Instruments; and
71-7 (56) Advisory Board of Athletic Trainers.
71-8 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
71-9 IV-D agency may issue an order suspending a license as provided by
71-10 this chapter if an obligor:
71-11 (1) has an arrearage equal to or greater than the
71-12 total support due for 90 days under a support order;
71-13 (2) has been provided an opportunity to make payments
71-14 toward the child support arrearage under an agreed or court-ordered
71-15 repayment schedule; and
71-16 (3) has failed to comply with the repayment schedule.
71-17 Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A
71-18 child support agency or obligee may file a petition to suspend a
71-19 license.
71-20 (b) In a Title IV-D case, the petition shall be filed with
71-21 the Title IV-D agency.
71-22 (c) In a case other than a Title IV-D case, the petition
71-23 shall be filed in the court of continuing jurisdiction or the court
71-24 in which a child support order has been registered under Chapter
71-25 159.
71-26 (d) A proceeding in a case filed with the Title IV-D agency
71-27 under this subchapter is governed by the contested case provisions
72-1 of Chapter 2001, Government Code (Administrative Procedure Act),
72-2 except that Section 2001.054 does not apply to the proceeding. The
72-3 director of the Title IV-D agency is responsible for rendering a
72-4 final decision in the contested case proceeding.
72-5 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
72-6 this chapter must state that license suspension is required under
72-7 Section 232.003 and allege:
72-8 (1) the name and, if known, social security number of
72-9 the obligor;
72-10 (2) the type of license the obligor is believed to
72-11 hold and the name of the licensing authority; and
72-12 (3) the amount owed under the child support order, the
72-13 amount of support paid, and the amount of arrearages.
72-14 (b) A petition under this chapter may include as an
72-15 attachment a copy of the record of child support payments
72-16 maintained by the Title IV-D registry or local registry.
72-17 Sec. 232.006. NOTICE. (a) On the filing of a petition
72-18 under Section 232.004, the court or Title IV-D agency shall issue
72-19 to the obligor:
72-20 (1) notice of the obligor's right to a hearing before
72-21 the court or agency;
72-22 (2) notice of the deadline for requesting a hearing;
72-23 and
72-24 (3) a hearing request form if the proceeding is in a
72-25 Title IV-D case.
72-26 (b) Notice under this section may be served as in civil
72-27 cases generally.
73-1 (c) The notice must state that an order suspending license
73-2 shall be rendered on the 60th day after the date of service of the
73-3 notice unless by that date:
73-4 (1) the court or Title IV-D agency receives proof that
73-5 all arrearages and the current month's child support obligation
73-6 have been paid;
73-7 (2) the child support agency or obligee files a
73-8 certification that the obligor is in compliance with a reasonable
73-9 repayment schedule; or
73-10 (3) the obligor appears at a hearing before the court
73-11 or Title IV-D agency and shows that the request for suspension
73-12 should be denied or stayed.
73-13 Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE.
73-14 (a) A request for a hearing and motion to stay suspension must be
73-15 filed with the court or Title IV-D agency by the obligor not later
73-16 than the 20th day after the date of service of the notice under
73-17 Section 232.006.
73-18 (b) If a request for a hearing is filed, the court or Title
73-19 IV-D agency shall:
73-20 (1) promptly schedule a hearing;
73-21 (2) notify each party of the date, time, and location
73-22 of the hearing; and
73-23 (3) stay suspension pending the hearing.
73-24 (c) A record of child support payments made by the Title
73-25 IV-D agency or a local registry is evidence of whether the payments
73-26 were made. A copy of the record appearing regular on its face
73-27 shall be admitted as evidence at a hearing under this chapter,
74-1 including a hearing on a motion to revoke a stay. Either party may
74-2 offer controverting evidence.
74-3 Sec. 232.008. ORDER SUSPENDING LICENSE. (a) On making the
74-4 findings required by Section 232.003, the court or Title IV-D
74-5 agency shall render an order suspending the license unless the
74-6 obligor proves that all arrearages and the current month's support
74-7 have been paid.
74-8 (b) The court or Title IV-D agency may stay an order
74-9 suspending a license conditioned on the obligor's compliance with a
74-10 reasonable repayment schedule that is incorporated in the order.
74-11 An order suspending a license with a stay of the suspension may not
74-12 be served on the licensing authority unless the stay is revoked as
74-13 provided by this chapter.
74-14 (c) A final order suspending license rendered by a court or
74-15 the Title IV-D agency shall be forwarded to the appropriate
74-16 licensing authority.
74-17 (d) If the court or Title IV-D agency renders an order
74-18 suspending license, the obligor may also be ordered not to engage
74-19 in the licensed activity.
74-20 (e) If the court or Title IV-D agency finds that the
74-21 petition for suspension should be denied, the petition shall be
74-22 dismissed without prejudice, and an order suspending license may
74-23 not be rendered.
74-24 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
74-25 shall consider the allegations of the petition for suspension to be
74-26 admitted and shall render an order suspending license if the
74-27 obligor fails to:
75-1 (1) respond to a notice issued under Section 232.006;
75-2 (2) request a hearing; or
75-3 (3) appear at a hearing.
75-4 Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An
75-5 order issued by a Title IV-D agency under this chapter is a final
75-6 agency decision and is subject to review under the substantial
75-7 evidence rule as provided by Chapter 2001, Government Code
75-8 (Administrative Procedure Act).
75-9 Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On
75-10 receipt of a final order suspending license, the licensing
75-11 authority shall immediately determine if the authority has issued a
75-12 license to the obligor named on the order and, if a license has
75-13 been issued:
75-14 (1) record the suspension of the license in the
75-15 licensing authority's records;
75-16 (2) report the suspension as appropriate; and
75-17 (3) demand surrender of the suspended license if
75-18 required by law for other cases in which a license is suspended.
75-19 (b) A licensing authority shall implement the terms of a
75-20 final order suspending license without additional review or
75-21 hearing. The authority may provide notice as appropriate to the
75-22 license holder or to others concerned with the license.
75-23 (c) A licensing authority may not modify, remand, reverse,
75-24 vacate, or stay an order suspending license issued under this
75-25 chapter and may not review, vacate, or reconsider the terms of a
75-26 final order suspending license.
75-27 (d) An obligor who is the subject of a final order
76-1 suspending license is not entitled to a refund for any fee or
76-2 deposit paid to the licensing authority.
76-3 (e) An obligor who continues to engage in the business,
76-4 occupation, profession, or other licensed activity after the
76-5 implementation of the order suspending license by the licensing
76-6 authority is liable for the same civil and criminal penalties
76-7 provided for engaging in the licensed activity without a license or
76-8 while a license is suspended that apply to any other license holder
76-9 of that licensing authority.
76-10 (f) A licensing authority is exempt from liability to a
76-11 license holder for any act authorized under this chapter performed
76-12 by the authority.
76-13 (g) Except as provided by this chapter, an order suspending
76-14 license or dismissing a petition for the suspension of a license
76-15 does not affect the power of a licensing authority to grant, deny,
76-16 suspend, revoke, terminate, or renew a license.
76-17 (h) The denial or suspension of a driver's license under
76-18 this chapter is governed by this chapter and not by the general
76-19 licensing provisions of Chapter 173, Acts of the 47th Legislature,
76-20 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
76-21 Statutes).
76-22 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
76-23 support enforcement agency, court, or Title IV-D agency may file a
76-24 motion to revoke the stay of an order suspending license if the
76-25 obligor does not comply with the terms of a reasonable repayment
76-26 plan entered into by the obligor.
76-27 (b) Notice to the obligor of a motion to revoke stay under
77-1 this section may be given by personal service or by mail to the
77-2 address provided by the obligor, if any, in the order suspending
77-3 license. The notice must include a notice of hearing. The notice
77-4 must be provided to the obligor not less than 10 days before the
77-5 date of the hearing.
77-6 (c) A motion to revoke stay must allege the manner in which
77-7 the obligor failed to comply with the repayment plan.
77-8 (d) If the court or Title IV-D agency finds that the obligor
77-9 is not in compliance with the terms of the repayment plan, the
77-10 court or agency shall revoke the stay of the order suspending
77-11 license and render a final order suspending license.
77-12 Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.
77-13 (a) The court or Title IV-D agency may render an order vacating or
77-14 staying an order suspending license if the obligor has paid all
77-15 delinquent child support or has established a satisfactory payment
77-16 record.
77-17 (b) The court or Title IV-D agency shall promptly deliver an
77-18 order vacating or staying an order suspending license to the
77-19 appropriate licensing authority.
77-20 (c) On receipt of an order vacating or staying an order
77-21 suspending license, the licensing authority shall promptly issue
77-22 the affected license to the obligor if the obligor is otherwise
77-23 qualified for the license.
77-24 (d) An order rendered under this section does not affect the
77-25 right of the child support agency or obligee to any other remedy
77-26 provided by law, including the right to seek relief under this
77-27 chapter. An order rendered under this section does not affect the
78-1 power of a licensing authority to grant, deny, suspend, revoke,
78-2 terminate, or renew a license as otherwise provided by law.
78-3 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
78-4 authority may charge a fee to an obligor who is the subject of an
78-5 order suspending license in an amount sufficient to recover the
78-6 administrative costs incurred by the authority under this chapter.
78-7 Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
78-8 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
78-9 each licensing authority the name, address, social security number,
78-10 license renewal date, and other identifying information for each
78-11 individual who holds, applies for, or renews a license issued by
78-12 the authority.
78-13 (b) A licensing authority shall provide the requested
78-14 information in the manner agreed to by the Title IV-D agency and
78-15 the licensing authority.
78-16 (c) The Title IV-D agency may enter into a cooperative
78-17 agreement with a licensing authority to administer this chapter in
78-18 a cost-effective manner.
78-19 (d) The Title IV-D agency may adopt a reasonable
78-20 implementation schedule for the requirements of this section.
78-21 Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D
78-22 agency by rule shall prescribe forms and procedures for the
78-23 implementation of this chapter.
78-24 SECTION 74. Subdivisions (1), (4), and (6), Section 261.001,
78-25 Family Code, as added by H.B. No. 655, Acts of the 74th
78-26 Legislature, Regular Session, 1995, are amended to read as follows:
78-27 (1) "Abuse" includes the following acts or omissions
79-1 by a person:
79-2 (A) mental or emotional injury to a child that
79-3 results in an observable and material impairment in the child's
79-4 growth, development, or psychological functioning;
79-5 (B) causing or permitting the child to be in a
79-6 situation in which the child sustains a mental or emotional injury
79-7 that results in an observable and material impairment in the
79-8 child's growth, development, or psychological functioning;
79-9 (C) physical injury that results in substantial
79-10 harm to the child, or the genuine threat of substantial harm from
79-11 physical injury to the child, including an injury that is at
79-12 variance with the history or explanation given and excluding an
79-13 accident or reasonable discipline by a parent, guardian, or
79-14 managing or possessory conservator that does not expose the child
79-15 to a substantial risk of harm;
79-16 (D) failure to make a reasonable effort to
79-17 prevent an action by another person that results in physical injury
79-18 that results in substantial harm to the child;
79-19 (E) sexual conduct harmful to a child's mental,
79-20 emotional, or physical welfare <offenses under the Penal Code
79-21 inflicted on, shown to, or intentionally or recklessly practiced in
79-22 the presence of a child, including:>
79-23 <(i) sexual conduct as defined by Section
79-24 43.01, Penal Code;>
79-25 <(ii) sexual assault as provided by
79-26 Section 22.011, Penal Code; or>
79-27 <(iii) prohibited sexual conduct as
80-1 provided by Section 25.02, Penal Code>;
80-2 (F) failure to make a reasonable effort to
80-3 prevent sexual conduct harmful to a child's mental, emotional, or
80-4 physical welfare <or sexual assault as defined or provided by
80-5 Sections 43.01 and 22.011, Penal Code, or prohibited sexual conduct
80-6 as provided by Section 25.02, Penal Code, from being inflicted on
80-7 or shown to a child by another person or being intentionally or
80-8 recklessly practiced in the presence of a child by another person>;
80-9 (G) compelling or encouraging the child to
80-10 engage in sexual conduct as defined by Section 43.01, Penal Code;
80-11 or
80-12 (H) causing, permitting, encouraging, engaging
80-13 in, or allowing the photographing, filming, or depicting of the
80-14 child if the person knew or should have known that the resulting
80-15 photograph, film, or depiction of the child is obscene as defined
80-16 by Section 43.21, Penal Code, or pornographic.
80-17 (4) "Neglect" includes:
80-18 (A) the leaving of a child in a situation where
80-19 the child would be exposed to a substantial risk of physical,
80-20 mental, or emotional harm, without arranging for necessary care for
80-21 the child, and the demonstration of an intent not to return by a
80-22 parent, guardian, or managing or possessory conservator of the
80-23 child;
80-24 (B) the following acts or omissions by a person:
80-25 (i) placing a child in or failing to
80-26 remove a child from a situation that a reasonable person would
80-27 realize requires judgment or actions beyond the child's level of
81-1 maturity, physical condition, or mental abilities and that results
81-2 in bodily injury or a substantial risk of immediate harm to the
81-3 child;
81-4 (ii) failing to seek, obtain, or follow
81-5 through with medical care for a child, with the failure resulting
81-6 in or presenting a substantial risk of death, disfigurement, or
81-7 bodily injury or with the failure resulting in an observable and
81-8 material impairment to the growth, development, or functioning of
81-9 the child; <or>
81-10 (iii) the failure to provide a child with
81-11 food, clothing, or shelter necessary to sustain the life or health
81-12 of the child, excluding failure caused primarily by financial
81-13 inability unless relief services had been offered and refused; or
81-14 (iv) placing a child in or failing to
81-15 remove the child from a situation in which the child would be
81-16 exposed to a substantial risk of sexual conduct harmful to the
81-17 child's mental, emotional, or physical welfare; or
81-18 (C) the failure by the person responsible for a
81-19 child's care, custody, or welfare to permit the child to return to
81-20 the child's home without arranging for the necessary care for the
81-21 child after the child has been absent from the home for any reason,
81-22 including having been in residential placement or having run away.
81-23 (6) "Report" means a report that <of> alleged or
81-24 suspected abuse or neglect of a child has occurred or may occur.
81-25 SECTION 75. Section 261.101, Family Code, as added by H.B.
81-26 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
81-27 amended by amending Subsection (b) and by adding Subsections (c)
82-1 and (d) to read as follows:
82-2 (b) If a professional has cause to believe that a child has
82-3 been or may be abused or neglected, the professional shall make a
82-4 report not later than the 48th hour after the hour the professional
82-5 first suspects that the child has been or may be abused or
82-6 neglected. A professional may not delegate to or rely on another
82-7 person to make the report. In this subsection, "professional"
82-8 means an individual who is licensed or certified by the state or
82-9 who is an employee of a facility licensed, certified, or operated
82-10 by the state and who, in the normal course of official duties or
82-11 duties for which a license or certification is required, has direct
82-12 contact with children. The term includes teachers, nurses,
82-13 doctors, and day-care employees.
82-14 (c) The requirement to report under this section applies
82-15 without exception to an individual whose personal communications
82-16 may otherwise be privileged, including an attorney, a member of the
82-17 clergy, a medical practitioner, a social worker, and a mental
82-18 health professional.
82-19 (d) The identity of an individual making a report under this
82-20 chapter is confidential and may be disclosed only on the order of a
82-21 court or to a law enforcement officer for the purposes of
82-22 conducting a criminal investigation of the report.
82-23 SECTION 76. Section 261.102, Family Code, as added by H.B.
82-24 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
82-25 amended to read as follows:
82-26 Sec. 261.102. MATTERS TO BE REPORTED. A report should
82-27 reflect the reporter's belief that a child<:>
83-1 <(1)> has been or may be abused or neglected or has
83-2 died of abuse or neglect<;>
83-3 <(2) has violated the compulsory school attendance
83-4 laws on three or more occasions; or>
83-5 <(3) has, on three or more occasions, been voluntarily
83-6 absent from home without the consent of the child's parent or
83-7 guardian for a substantial length of time or without the intent to
83-8 return>.
83-9 SECTION 77. Section 261.103, Family Code, as added by H.B.
83-10 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
83-11 amended to read as follows:
83-12 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. A report
83-13 shall be made to:
83-14 (1) any local or state law enforcement agency;
83-15 (2) the department if the alleged or suspected abuse
83-16 involves a person responsible for the care, custody, or welfare of
83-17 the child;
83-18 (3) the state agency that operates, licenses,
83-19 certifies, or registers the facility in which the alleged abuse or
83-20 neglect occurred; or
83-21 (4) the agency designated by the court to be
83-22 responsible for the protection of children.
83-23 SECTION 78. Section 261.104, Family Code, as added by H.B.
83-24 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
83-25 amended to read as follows:
83-26 Sec. 261.104. CONTENTS OF REPORT. The person making a
83-27 report shall identify, if known:
84-1 (1) the name and address of the child;
84-2 (2) the name and address of the person responsible for
84-3 the care, custody, or welfare of the child; and
84-4 (3) any other pertinent information concerning the
84-5 alleged or suspected abuse or neglect.
84-6 SECTION 79. Section 261.106, Family Code, as added by H.B.
84-7 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
84-8 amended to read as follows:
84-9 Sec. 261.106. IMMUNITIES. (a) A <Except for a person who
84-10 reports the person's own conduct or who acts in bad faith or with
84-11 malicious purpose, a> person acting in good faith who reports
84-12 <reporting> or assists <assisting> in the investigation of a report
84-13 of alleged child abuse or neglect or who testifies or otherwise
84-14 participates in a judicial proceeding arising from a report,
84-15 petition, or investigation of alleged child abuse or neglect <under
84-16 this chapter> is immune from civil or criminal liability that might
84-17 otherwise be incurred or imposed.
84-18 (b) Immunity from civil and criminal liability extends to an
84-19 authorized volunteer of the department or a law enforcement officer
84-20 who participates at the request of the department in an
84-21 investigation of alleged or suspected abuse or neglect or in an
84-22 action arising from an investigation if the person was acting in
84-23 good faith and in the scope of the person's responsibilities
84-24 <participation in a judicial proceeding resulting from the report>.
84-25 (c) A person who reports the person's own abuse or neglect
84-26 of a child or who acts in bad faith or with malicious purpose in
84-27 reporting alleged child abuse or neglect is not immune from civil
85-1 or criminal liability.
85-2 SECTION 80. Section 261.107, Family Code, as added by H.B.
85-3 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
85-4 amended to read as follows:
85-5 Sec. 261.107. FALSE REPORT; PENALTY. <(a)> A person
85-6 commits an offense if the person knowingly or intentionally makes a
85-7 report as provided in this chapter that the person knows is false
85-8 or lacks factual foundation. An offense under this subsection is a
85-9 Class B misdemeanor.
85-10 <(b) If, in connection with a pending suit affecting the
85-11 parent-child relationship, a parent of a child makes a report
85-12 alleging child abuse by the other parent that the parent making the
85-13 report knows is false or lacks factual foundation, evidence of the
85-14 report is admissible in a suit between the parents involving terms
85-15 of conservatorship.>
85-16 SECTION 81. Section 261.201, Family Code, as added by H.B.
85-17 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
85-18 amended to read as follows:
85-19 Sec. 261.201. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
85-20 (a) The following information is confidential, is not subject to
85-21 public release under the open records law, Chapter 552, Government
85-22 Code, and may be disclosed only for purposes consistent with this
85-23 code and applicable federal or state law or under rules adopted by
85-24 an investigating agency:
85-25 (1) a report of alleged or suspected abuse or neglect
85-26 made under this chapter and the identity of the person making the
85-27 report; and
86-1 (2) except <Except> as otherwise provided in this
86-2 section, the files, <Subsections (b) and (c), the> reports,
86-3 records, communications, and working papers used or developed in an
86-4 investigation under this chapter or in providing services as a
86-5 result of an investigation <are confidential and may be disclosed
86-6 only for purposes consistent with the purposes of this code under
86-7 rules adopted by the investigating agency>.
86-8 (b) A court may order the disclosure of information that is
86-9 confidential under this section if:
86-10 (1) a motion has been filed with the court requesting
86-11 the release of the information;
86-12 (2) a notice of hearing has been served on the
86-13 investigating agency and all other interested parties; and
86-14 (3) after hearing and an in camera review of the
86-15 requested information, the court determines that the disclosure of
86-16 the requested information is:
86-17 (A) essential to the administration of justice;
86-18 and
86-19 (B) not likely to endanger the life or safety
86-20 of:
86-21 (i) a child who is the subject of the
86-22 report of alleged or suspected abuse or neglect;
86-23 (ii) a person who makes a report of
86-24 alleged or suspected abuse or neglect; or
86-25 (iii) any other person who participates in
86-26 an investigation of reported abuse or neglect.
86-27 (c) The adoptive parents of a child who was the subject of
87-1 an investigation and an adult who was the subject of an
87-2 investigation as a child are entitled to examine and make copies of
87-3 any report, record, working paper, or other information in the
87-4 possession, custody, or control of the state that pertains to the
87-5 history of the child. The department shall <may> edit the
87-6 documents to protect the identity of the biological parents and any
87-7 other person whose identity is confidential.
87-8 (d) <(c)> Before placing a child who was the subject of an
87-9 investigation, the department shall notify the prospective adoptive
87-10 parents of their right to examine any report, record, working
87-11 paper, or other information in the possession, custody, or control
87-12 of the state that pertains to the history of the child.
87-13 (e) <(d)> The department shall provide prospective adoptive
87-14 parents an opportunity to examine information under this section as
87-15 early as practicable before placing a child.
87-16 (f) Notwithstanding Subsection (b), the department, on
87-17 request and subject to department rule, shall provide to the
87-18 parent, managing conservator, or other legal representative of a
87-19 child who is the subject of reported abuse or neglect information
87-20 concerning the reported abuse or neglect that would otherwise be
87-21 confidential under this section if the department has edited the
87-22 information to protect the confidentiality of the identity of the
87-23 person who made the report and any other person whose life or
87-24 safety may be endangered by the disclosure.
87-25 SECTION 82. Subsection (a), Section 261.301, Family Code, as
87-26 added by H.B. No. 655, Acts of the 74th Legislature, Regular
87-27 Session, 1995, is amended to read as follows:
88-1 (a) The department or designated agency shall make a prompt
88-2 and thorough investigation to substantiate the accuracy of a report
88-3 of child abuse or neglect allegedly committed by a person
88-4 responsible for a child's care, custody, or welfare.
88-5 SECTION 83. Section 261.302, Family Code, as added by H.B.
88-6 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
88-7 amended by adding Subsection (d) to read as follows:
88-8 (d) If, before an investigation is completed, the
88-9 investigating agency believes that the immediate removal of a child
88-10 from the child's home is necessary to protect the child from
88-11 further abuse or neglect, the investigating agency shall file a
88-12 petition or take other action under Chapter 262 to provide for the
88-13 temporary care and protection of the child.
88-14 SECTION 84. Section 261.303, Family Code, as added by H.B.
88-15 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
88-16 amended to read as follows:
88-17 Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER
88-18 <TO ASSIST INVESTIGATION>. (a) A person may not interfere with an
88-19 investigation of a report of child abuse or neglect conducted by
88-20 the department or designated agency.
88-21 (b) If admission to the home, school, or any place where the
88-22 child may be cannot be obtained, then for good cause shown the
88-23 court having family law jurisdiction shall order the parent, the
88-24 person responsible for the care of the children, or the person in
88-25 charge of any place where the child may be to allow entrance for
88-26 the interview, examination, and investigation.
88-27 (c) <(b)> If a parent or person responsible for the child's
89-1 care does not consent to a medical, psychological, or psychiatric
89-2 examination of the child that is requested by the department or
89-3 designated agency, the court having family law jurisdiction shall,
89-4 for good cause shown, order the examination to be made at the times
89-5 and places designated by the court.
89-6 SECTION 85. Section 261.308, Family Code, as added by H.B.
89-7 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
89-8 amended by adding Subsection (c) to read as follows:
89-9 (c) On receipt of the report and recommendations, the court
89-10 may direct the department or designated agency to file a petition
89-11 requesting appropriate relief as provided in this title.
89-12 SECTION 86. Subsections (b) and (c), Section 261.401, Family
89-13 Code, as added by H.B. No. 655, Acts of the 74th Legislature,
89-14 Regular Session, 1995, are amended to read as follows:
89-15 (b) <A state agency shall notify the department of each
89-16 report of abuse or neglect it receives under this subchapter
89-17 relating to abuse or neglect in a facility operated by the agency
89-18 according to rules adopted by the department.>
89-19 <(c)> A state agency shall adopt rules relating to the
89-20 investigation and resolution of reports received as provided by
89-21 <under> this subchapter. The Health and Human Services Commission
89-22 shall review and approve the rules to ensure that all agencies
89-23 implement appropriate standards for the conduct of investigations
89-24 and that uniformity exists among agencies in the investigation and
89-25 resolution of reports.
89-26 SECTION 87. Subsections (b), (c), and (e), Section 261.402,
89-27 Family Code, as added by H.B. No. 655, Acts of the 74th
90-1 Legislature, Regular Session, 1995, are amended to read as follows:
90-2 (b) A state agency shall immediately notify the appropriate
90-3 state or local law enforcement agency of any report the agency
90-4 receives, other than a report from a law enforcement agency, that
90-5 concerns the suspected abuse or neglect of a child or the death of
90-6 a child from abuse or neglect. <If the investigation relates to a
90-7 report of abuse or neglect in a facility operated by a state
90-8 agency, the agency responsible for the investigation shall submit a
90-9 copy of the investigative report to the department.>
90-10 <(c)> If the state agency finds evidence indicating that a
90-11 child may have <has> been <or may be> abused or neglected, the
90-12 agency shall <submit a copy of the> report the evidence <of its
90-13 investigation> to the appropriate law enforcement agency.
90-14 (e) A state agency <The department> shall compile, maintain,
90-15 and make available statistics on the incidence of child abuse and
90-16 neglect in a facility operated by the <a> state agency.
90-17 SECTION 88. Subchapter E, Chapter 261, Family Code, as added
90-18 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
90-19 1995, is amended by adding Sections 261.404, 261.405, and 261.406
90-20 to read as follows:
90-21 Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
90-22 OF MENTAL HEALTH AND MENTAL RETARDATION. The department shall
90-23 investigate a report of abuse or neglect in a facility operated by,
90-24 regulated by, or providing services under a contract with the Texas
90-25 Department of Mental Health and Mental Retardation under rules
90-26 developed jointly between the department and the Texas Department
90-27 of Mental Health and Mental Retardation.
91-1 Sec. 261.405. INVESTIGATIONS IN COUNTY JUVENILE DETENTION
91-2 FACILITIES. A report of alleged abuse or neglect in a county
91-3 juvenile detention facility shall be made to a local law
91-4 enforcement agency for investigation.
91-5 Sec. 261.406. INVESTIGATIONS IN SCHOOLS. (a) On receipt of
91-6 a report of alleged or suspected abuse or neglect of a child in a
91-7 public or private school under the jurisdiction of the Central
91-8 Education Agency, the department shall perform an investigation as
91-9 provided by this chapter.
91-10 (b) The department shall send a written report of the
91-11 department's investigation to the Central Education Agency and the
91-12 local school board or local governing body for appropriate action.
91-13 The department shall provide a copy of the report and investigation
91-14 findings to the parent, managing conservator, or legal guardian of
91-15 a child who is the subject of the report.
91-16 SECTION 89. Section 262.004, Family Code, as added by H.B.
91-17 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
91-18 amended to read as follows:
91-19 Sec. 262.004. ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
91-20 CHILD. A <An authorized representative of the Department of
91-21 Protective and Regulatory Services, a> law enforcement officer<,>
91-22 or a juvenile probation officer may take possession of a child
91-23 without a court order on the voluntary delivery of the child by the
91-24 parent, managing conservator, possessory conservator, guardian,
91-25 caretaker, or custodian who is presently entitled to possession of
91-26 the child.
91-27 SECTION 90. Section 262.005, Family Code, as added by H.B.
92-1 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
92-2 amended to read as follows:
92-3 Sec. 262.005. FILING PETITION AFTER ACCEPTING VOLUNTARY
92-4 DELIVERY OF POSSESSION OF CHILD. When possession of the child has
92-5 been acquired through voluntary delivery of the child to a law
92-6 enforcement officer or juvenile probation officer <governmental
92-7 entity>, the law enforcement officer or juvenile probation officer
92-8 <entity> taking the child into possession shall cause a suit to be
92-9 filed not later than the 60th day after the date the child is taken
92-10 into possession.
92-11 SECTION 91. Section 262.101, Family Code, as added by H.B.
92-12 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
92-13 amended to read as follows:
92-14 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
92-15 CHILD. A petition or affidavit filed by a governmental entity
92-16 requesting permission to take possession of a child in an emergency
92-17 shall be sworn to by a person with personal knowledge and shall
92-18 state facts sufficient to satisfy a person of ordinary prudence and
92-19 caution that:
92-20 (1) there is an immediate danger to the physical
92-21 health or safety of the child or the child has been a victim of
92-22 sexual abuse and that continuation in the home would be contrary to
92-23 the child's welfare even if reasonable in-home services were
92-24 provided; and
92-25 (2) there is no time, consistent with the physical
92-26 health or safety of the child, for an adversary hearing or to make
92-27 reasonable efforts to prevent or eliminate the need for the removal
93-1 of the child.
93-2 SECTION 92. Section 262.102, Family Code, as added by H.B.
93-3 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
93-4 amended to read as follows:
93-5 Sec. 262.102. EMERGENCY ORDER AUTHORIZING POSSESSION OF
93-6 CHILD. (a) Before a court may issue a temporary restraining order
93-7 or attachment of a child in a suit requesting an emergency order
93-8 brought by a governmental entity, the court must find <be satisfied
93-9 from a sworn petition or affidavit> that:
93-10 (1) there is an immediate danger to the physical
93-11 health or safety of the child or the child has been a victim of
93-12 sexual abuse and that continuation in the home would be contrary to
93-13 the child's welfare even if reasonable in-home services were
93-14 provided; and
93-15 (2) there is no time, consistent with the physical
93-16 health or safety of the child and the nature of the emergency, to
93-17 hold <for> an adversary hearing or to make reasonable efforts to
93-18 prevent or eliminate the need for removal of the child.
93-19 (b) In determining whether there is an immediate danger to
93-20 the physical health or safety of a child, the court may consider
93-21 whether the child's household includes a person who has <possession
93-22 of the child has>:
93-23 (1) abused or neglected another child in a manner that
93-24 caused serious injury to or the death of the other child; or
93-25 (2) sexually abused another child.
93-26 SECTION 93. Section 262.107, Family Code, as added by H.B.
93-27 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
94-1 amended to read as follows:
94-2 Sec. 262.107. STANDARD FOR DECISION AT INITIAL HEARING AFTER
94-3 TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.
94-4 (a) The court shall order the return of the child at the initial
94-5 hearing regarding a child taken in possession without a court order
94-6 by a governmental entity unless the court is satisfied that:
94-7 (1) there is a continuing danger to the physical
94-8 health or safety of the child if the child is returned to the
94-9 parent, managing conservator, possessory conservator, guardian,
94-10 caretaker, or custodian who is presently entitled to possession of
94-11 the child<;> or
94-12 <(2)> the evidence shows that the child has been the
94-13 victim of sexual abuse on one or more occasions and that there is a
94-14 substantial risk <reasonable likelihood> that the child will be the
94-15 victim of sexual abuse in the future; and
94-16 (2) the nature of the emergency and the continuing
94-17 danger to the welfare of the child make efforts to allow the child
94-18 to remain with or return to the person entitled to possession of
94-19 the child impossible or unreasonable.
94-20 (b) In determining whether there is a continuing danger to
94-21 the physical health or safety of a child, the court may consider
94-22 whether the household to which <person to whom> the child would be
94-23 returned includes a person who has:
94-24 (1) abused or neglected another child in a manner that
94-25 caused serious injury to or the death of the other child; or
94-26 (2) sexually abused another child.
94-27 SECTION 94. Subchapter B, Chapter 262, Family Code, as added
95-1 by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
95-2 1995, is amended by adding Section 262.111 to read as follows:
95-3 Sec. 262.111. FINDING THAT CHILD CANNOT REMAIN IN OR BE
95-4 RETURNED TO HOME. In the absence of a specific finding to the
95-5 contrary, the issuance of a temporary restraining order or
95-6 attachment pending a full adversary hearing or the issuance of an
95-7 order after a full adversary hearing constitutes a finding by the
95-8 court that for the child to remain in the home is contrary to the
95-9 child's welfare or safety and that the emergency made efforts to
95-10 prevent or eliminate the need for the removal of the child
95-11 impossible or unreasonable.
95-12 SECTION 95. Section 262.201, Family Code, as added by H.B.
95-13 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
95-14 amended to read as follows:
95-15 Sec. 262.201. FULL ADVERSARY HEARING; FINDINGS OF THE
95-16 COURT. (a) Unless the child has already been returned to the
95-17 parent, managing conservator, possessory conservator, guardian,
95-18 caretaker, or custodian entitled to possession and the temporary
95-19 order, if any, has been dissolved, a full adversary hearing shall
95-20 be held not later than the 14th day after the date the child was
95-21 taken into possession by the governmental entity.
95-22 (b) At the conclusion of the full adversary hearing, the
95-23 court shall order the return of the child to the parent, managing
95-24 conservator, possessory conservator, guardian, caretaker, or
95-25 custodian entitled to possession unless the court finds sufficient
95-26 evidence to satisfy a person of ordinary prudence and caution that:
95-27 (1) there was a danger to the physical health or
96-1 safety of the child which was caused by an act or failure to act of
96-2 the person entitled to possession and for the child to remain in
96-3 the home is contrary to the welfare of the child; <and>
96-4 (2) the urgent need for protection required the
96-5 immediate removal of the child and makes efforts to eliminate or
96-6 prevent the child's removal impossible or unreasonable; and
96-7 (3) notwithstanding reasonable efforts to eliminate
96-8 the need for the child's removal and enable the child to return
96-9 home, there is a substantial risk <reasonable probability> of a
96-10 continuing danger if the child is returned home.
96-11 (c) If the court finds sufficient evidence to satisfy a
96-12 person of ordinary prudence and caution that there is a continuing
96-13 danger to the physical health or safety of the child and that for
96-14 the child to remain in the home is contrary to the welfare of the
96-15 child, the court shall issue an appropriate temporary order under
96-16 Chapter 105.
96-17 (d) In determining whether there is a continuing danger to
96-18 the physical health or safety of the child, the court may consider
96-19 whether the household <person> to which <whom> the child would be
96-20 returned includes a person who:
96-21 (1) has abused or neglected another child in a manner
96-22 that caused serious injury to or the death of the other child; or
96-23 (2) has sexually abused another child.
96-24 SECTION 96. Subsection (a), Section 263.001, Family Code, as
96-25 added by H.B. No. 655, Acts of the 74th Legislature, Regular
96-26 Session, 1995, is amended by amending Subdivision (2) and by adding
96-27 Subdivisions (3) and (4) to read as follows:
97-1 (2) "Child's home" means the place of residence of at
97-2 least one of the child's parents.
97-3 (3) "Household" means a unit composed of persons
97-4 living together in the same dwelling, without regard to whether
97-5 they are related to each other.
97-6 (4) "Substitute care" means the placement of a child
97-7 who is in the conservatorship of the department or an authorized
97-8 agency in care outside the child's home. The term includes foster
97-9 care, institutional care, adoption, or placement with a relative of
97-10 the child.
97-11 SECTION 97. Section 263.002, Family Code, as added by H.B.
97-12 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
97-13 amended to read as follows:
97-14 Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit
97-15 affecting the parent-child relationship in which the department or
97-16 an authorized agency has been appointed by the court or designated
97-17 in an affidavit of relinquishment of parental rights as the
97-18 temporary or permanent managing conservator of a child, the court
97-19 shall hold a hearing to review the conservatorship appointment and
97-20 substitute <the department's or authorized agency's placement of
97-21 the child in foster home care, group home care, or institutional>
97-22 care.
97-23 SECTION 98. Subsection (c), Section 263.003, Family Code, as
97-24 added by H.B. No. 655, Acts of the 74th Legislature, Regular
97-25 Session, 1995, is amended to read as follows:
97-26 (c) The department shall request a review of substitute <the
97-27 placement of the child in foster home care, group home care, or
98-1 institutional> care, and its petition shall state that the purpose
98-2 of the suit is to initiate periodic review of the necessity and
98-3 propriety of the child's placement under this chapter.
98-4 SECTION 99. Subsection (b), Section 263.202, Family Code, as
98-5 added by H.B. No. 655, Acts of the 74th Legislature, Regular
98-6 Session, 1995, is amended to read as follows:
98-7 (b) A status hearing shall be limited to matters related to
98-8 the contents and execution of the service plan filed with the
98-9 court. The court shall review the service plan that the department
98-10 or other agency filed under this chapter for reasonableness,
98-11 accuracy, and compliance with requirements of court orders and make
98-12 findings as to whether:
98-13 (1) a plan that has the goal of returning the child to
98-14 the child's parents adequately ensures that reasonable efforts are
98-15 made to enable the child's parents to provide a safe environment
98-16 for the child; and
98-17 (2) the child's parents have reviewed and understand
98-18 the service plan and have been advised that unless the parents are
98-19 willing and able to provide the child with a safe environment, even
98-20 with the assistance of a service plan, within the reasonable period
98-21 of time specified in the plan, the parents' parental and custodial
98-22 duties and rights may be subject to restriction or to termination
98-23 under this code or the child may not be returned to the parents.
98-24 SECTION 100. Subsection (b), Section 263.303, Family Code,
98-25 as added by H.B. No. 655, Acts of the 74th Legislature, Regular
98-26 Session, 1995, is amended to read as follows:
98-27 (b) The status report must:
99-1 (1) evaluate all relevant information concerning each
99-2 of the guidelines under this chapter and the parties' compliance
99-3 with the service plan; <and>
99-4 (2) recommend one of the following actions:
99-5 (A) that the child be returned to the child's
99-6 home and that the suit be dismissed;
99-7 (B) that the child be returned to the child's
99-8 home with the department or other agency retaining conservatorship;
99-9 (C) that the child remain in foster care for a
99-10 specified period and that the child's parents continue to work
99-11 toward providing the child with a safe environment;
99-12 (D) that the child remain in foster care for a
99-13 specified period and that termination of parental rights be sought
99-14 under this code;
99-15 (E) that a child who has resided in foster care
99-16 for at least 18 months be placed or remain in permanent or
99-17 long-term foster care because of the child's special needs or
99-18 circumstances; or
99-19 (F) that other plans be made or other services
99-20 provided in accordance with the child's special needs or
99-21 circumstances; and
99-22 (3) with respect to a child 16 years of age or older,
99-23 identify the services needed to assist the child in the transition
99-24 to adult life.
99-25 SECTION 101. Section 263.304, Family Code, as added by H.B.
99-26 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
99-27 amended to read as follows:
100-1 Sec. 263.304. INITIAL REVIEW HEARING; TIME. Not later than
100-2 the 180th day after the date of the conclusion of the full
100-3 adversary hearing under Chapter 262, the court shall hold a
100-4 <review> hearing to review the status of, and permanency plan for,
100-5 a child in substitute care in the court's jurisdiction, including
100-6 the time for the completion of the plan and the projected date for
100-7 the achievement of the child's permanency plan.
100-8 SECTION 102. Section 263.306, Family Code, as added by H.B.
100-9 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
100-10 amended to read as follows:
100-11 Sec. 263.306. REVIEW HEARINGS: PROCEDURE. At each review
100-12 hearing the court shall determine:
100-13 (1) the identity of <identify> all persons or parties
100-14 present at the hearing or those given notice but failing to appear;
100-15 (2) <consider all relevant information pertaining to
100-16 the factors under this chapter to determine> whether the child's
100-17 parents are willing and able to provide the child with a safe
100-18 environment;
100-19 (3) <determine> the extent to which the child's
100-20 parents have taken the necessary actions or responsibilities toward
100-21 achieving the plan goal during the period of the service plan and
100-22 the extent to which the department or other authorized agency has
100-23 provided assistance to the parents as provided in the service plan;
100-24 (4) whether the child continues to need substitute
100-25 care and whether the child's current placement is appropriate for
100-26 meeting the child's needs;
100-27 (5) a date for achieving the child's permanency plan;
101-1 (6) if the child has been in substitute care for not
101-2 less than 18 months, the future status of the child and the
101-3 appropriateness of the date by which the child may return home and
101-4 whether to render further appropriate orders;
101-5 (7) if the child is in substitute care outside the
101-6 state, whether the out-of-state placement continues to be
101-7 appropriate and in the best interest of the child;
101-8 (8) <determine> whether the child's parents are
101-9 willing and able to provide the child with a safe environment
101-10 without the assistance of a service plan and, if so, return the
101-11 child to the parents;
101-12 (9) <(5) determine> whether the child's parents are
101-13 willing and able to provide the child with a safe environment with
101-14 the assistance of a service plan and, if so, return the child or
101-15 continue the placement of the child in the child's home under the
101-16 department's or other agency's supervision;
101-17 (10) <(6) determine> whether the child's parents are
101-18 presently unwilling or unable to provide the child with a safe
101-19 environment, even with the assistance of a service plan, and, if
101-20 so, order the child to remain under the department's or other
101-21 agency's managing conservatorship for a period of time specified by
101-22 the court;
101-23 (11) <(7) determine> whether a long-term foster care
101-24 placement is in the child's best interest because of the child's
101-25 special needs or circumstances and, if so, begin a long-term foster
101-26 care placement;
101-27 (12) <(8) determine> whether a child is 16 years of
102-1 age or older and, if so, order the services that are needed to
102-2 assist the child in making the transition from foster care to
102-3 independent living if the services are available in the community;
102-4 (13) <(9) determine> whether the child has been placed
102-5 with the department under a voluntary placement agreement and, if
102-6 so, order that the department will institute further proceedings or
102-7 return the child to the parents;
102-8 (14) <(10) determine> whether the department or
102-9 authorized agency has custody, care, and control of the child under
102-10 an affidavit of relinquishment of parental rights naming the
102-11 department managing conservator and, if so, direct the department
102-12 or authorized agency to institute further proceedings; and
102-13 (15) <(11) determine> whether parental rights to the
102-14 child have been terminated and, if so, determine whether the
102-15 department or authorized agency will attempt to place the child for
102-16 adoption.
102-17 SECTION 103. Section 263.308, Family Code, as added by H.B.
102-18 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
102-19 amended to read as follows:
102-20 Sec. 263.308. PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
102-21 <(a)> In a case in which the court determines that an order for
102-22 the child to remain in the managing conservatorship of the
102-23 department or other agency is appropriate, the court shall make a
102-24 finding that the child's parents understand that unless the parents
102-25 are willing and able to provide the child with a safe environment,
102-26 even with the assistance of a service plan, the parents' parental
102-27 and custodial duties and rights may be subject to restriction or to
103-1 termination under this code.
103-2 <(b) In the case of a child residing in foster care for at
103-3 least 18 months, the court shall determine the appropriateness of
103-4 the target date by which the child may return home. The court may
103-5 also enter further orders that are appropriate.>
103-6 SECTION 104. Section 264.009, Family Code, as added by H.B.
103-7 No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
103-8 amended to read as follows:
103-9 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
103-10 COURT>. (a) Except as provided by Subsection (b), in <In> any
103-11 action <suit brought> under this title <in which the department
103-12 requests to be named conservator of a child>, the department shall
103-13 be represented in <the trial> court by the:
103-14 (1) prosecuting attorney who represents the state in
103-15 criminal cases in the district or county court of the county where
103-16 the action <suit> is brought <filed or transferred>; or
103-17 (2) attorney general.
103-18 (b) In a county with a population of 2,800,000 or more, in
103-19 an action under this title, the department shall be represented in
103-20 court by the:
103-21 (1) attorney who represents the state in civil cases
103-22 in the district or county court of the county where the action is
103-23 brought; or
103-24 (2) attorney general.
103-25 SECTION 105. Subchapter B, Chapter 264, Family Code, as
103-26 added by H.B. No. 655, Acts of the 74th Legislature, Regular
103-27 Session, 1995, is amended by adding Section 264.109 to read as
104-1 follows:
104-2 Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN FOSTER CARE
104-3 CASES. (a) The placement of a child in substitute care by the
104-4 department constitutes an assignment to the state of any support
104-5 rights attributable to the child as of the date the child is placed
104-6 in such care.
104-7 (b) If a child placed by the department in substitute care
104-8 is entitled under federal law to Title IV-D child support
104-9 enforcement services without the requirement of an application for
104-10 services, the department shall immediately refer the case to the
104-11 Title IV-D agency. If an application for Title IV-D child support
104-12 services is required and the department has been named managing
104-13 conservator of the child, then an authorized representative of the
104-14 department shall be the designated individual entitled to apply for
104-15 child support services on behalf of the child and shall promptly
104-16 apply for such services.
104-17 (c) The department and the Title IV-D agency shall execute a
104-18 memorandum of understanding for the implementation of the
104-19 provisions of this section and for the allocation between the
104-20 department and the agency, consistent with federal laws and
104-21 regulations, of any child support funds recovered by the Title IV-D
104-22 agency in substitute care cases. All child support funds recovered
104-23 under this section and retained by the department or the Title IV-D
104-24 agency and any federal matching or incentive funds resulting from
104-25 child support collection efforts in substitute care cases shall be
104-26 in excess of amounts otherwise appropriated to either the
104-27 department or the Title IV-D agency by the legislature.
105-1 SECTION 106. Chapter 34, Government Code, is amended by
105-2 adding Section 34.0021 to read as follows:
105-3 Sec. 34.0021. DISCRIMINATION IN CONDUCTING OR REFUSING TO
105-4 CONDUCT MARRIAGE CEREMONY. (a) A person authorized under Section
105-5 1.83(a)(4), Family Code, to conduct a marriage ceremony may not
105-6 discriminate against an applicant who is otherwise qualified to be
105-7 married on the basis of race, religion, or national origin.
105-8 (b) On a finding by the State Commission on Judicial Conduct
105-9 that a judge or justice of a court listed in Section 1.83(a)(4),
105-10 Family Code, intentionally violated Subsection (a), the commission
105-11 may recommend to the supreme court that the judge or justice be
105-12 removed from office.
105-13 SECTION 107. Section 192.003, Health and Safety Code, is
105-14 amended by amending Subsection (d), as added by Section 1, Chapter
105-15 519, Acts of the 73rd Legislature, 1993, and Subsections (e) and
105-16 (f) to read as follows:
105-17 (e) If the mother of the child is not married to the father
105-18 of the child, a person listed by Subsection (a) or (b) who is
105-19 responsible for filing the birth certificate shall <(d) On the
105-20 birth of a child, the hospital, physician, midwife, or person
105-21 acting as a midwife in attendance or their designee at a birth
105-22 may>:
105-23 (1) provide an opportunity for the child's mother and
105-24 biological father to sign the birth certificate or a form
105-25 prescribed by the department in which the biological father
105-26 consents to be named as the child's father on the child's birth
105-27 certificate; and
106-1 (2) provide written information about establishing
106-2 paternity, including an explanation of the rights and
106-3 responsibilities of acknowledging paternity and information about
106-4 the availability of<, including an application for> child support
106-5 services, <furnished by the attorney general,> to the child's
106-6 mother and the father, if present <regarding the benefits of having
106-7 her child's paternity established and of the availability of
106-8 paternity establishment services>.
106-9 (f) <(e)> The local registrar shall transmit signed consent
106-10 forms to the state registrar.
106-11 (g) <(f)> The state registrar shall transmit signed consent
106-12 forms to the attorney general who may use such forms for any
106-13 purpose directly connected with the provision of child support
106-14 services pursuant to Chapter 76, Human Resources Code.
106-15 SECTION 108. Section 8, Article 1.05, Title 79, Revised
106-16 Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
106-17 amended to read as follows:
106-18 Sec. 8. This article does not apply to interest that accrues
106-19 on <delinquent> child support under Section 157.265 <14.34>, Family
106-20 Code.
106-21 SECTION 109. Section 3.59, Family Code, and Subsection (f),
106-22 Section 105.006, Family Code, as added by H.B. No. 655, Acts of the
106-23 74th Legislature, Regular Session, 1995, are repealed.
106-24 SECTION 110. The following are repealed:
106-25 (1) Subsections (c) and (d), Section 1.82, Family
106-26 Code;
106-27 (2) Subsections (c) and (d), Section 1.83, Family
107-1 Code;
107-2 (3) Section 2.48, Family Code;
107-3 (4) Section 3.57, Family Code;
107-4 (5) Chapter 72, Family Code.
107-5 SECTION 111. This Act takes effect September 1, 1995, and
107-6 applies to a pending suit affecting the parent-child relationship
107-7 without regard to whether the suit was commenced before, on, or
107-8 after the effective date of this Act.
107-9 SECTION 112. The importance of this legislation and the
107-10 crowded condition of the calendars in both houses create an
107-11 emergency and an imperative public necessity that the
107-12 constitutional rule requiring bills to be read on three several
107-13 days in each house be suspended, and this rule is hereby suspended.