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.