By Harris S.B. No. 7
74R1850 MJW/JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the family, including the marriage relationship, the
1-3 parent-child relationship, and protection of the family.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.05(c), Family Code, is amended to read
1-6 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. Section 1.91(b), Family Code, is amended to read
2-16 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 adding
2-25 Subsection (f) to read as follows:
2-26 (f) Notwithstanding Subsection (b), a default judgment may
2-27 not be taken against a party who makes an appearance in a suit for
3-1 dissolution of a marriage without filing an answer unless the court
3-2 gives the party notice of the trial setting for the suit.
3-3 SECTION 4. Subchapter C, Chapter 3, Family Code, is amended
3-4 by adding Section 3.531 to read as follows:
3-5 Sec. 3.531. EXPEDITED HEARING IN UNCONTESTED SUIT. (a) In
3-6 a suit for dissolution of a marriage in which the filed answer does
3-7 not contest any matter stated in the original petition or in which
3-8 a general denial is filed with a motion for expedited hearing, the
3-9 court may set the suit on the court's calendar for uncontested
3-10 matters for an expedited hearing to be held not later than the 30th
3-11 day after the date the answer is filed. At the conclusion of the
3-12 expedited hearing, the court may enter a final decree of divorce.
3-13 (b) A suit for dissolution may not be set for an expedited
3-14 hearing if:
3-15 (1) the parties to the suit are the parents of a child
3-16 younger than 18 years of age;
3-17 (2) there is a contested issue in the suit; or
3-18 (3) a party to the suit objects to the expedited
3-19 hearing.
3-20 (c) Section 3.60 does not apply to a suit for dissolution of
3-21 a marriage set for an expedited hearing under this section.
3-22 SECTION 5. Subchapter C, Chapter 3, Family Code, is amended
3-23 by adding Section 3.541 to read as follows:
3-24 Sec. 3.541. ALTERNATIVE DISPUTE RESOLUTION. (a) A court
3-25 may, on its own motion or on the motion of a party, refer a pending
3-26 suit for the dissolution of a marriage to resolution by an
3-27 alternative dispute resolution procedure in the same manner
4-1 provided for the referral of a pending dispute under Chapter 154,
4-2 Civil Practice and Remedies Code.
4-3 (b) A court may not require the parties to a suit for
4-4 dissolution of a marriage to participate in an alternative dispute
4-5 resolution procedure if an allegation of family violence is made
4-6 concerning one of the parties to the suit.
4-7 (c) Chapter 154, Civil Practice and Remedies Code, applies
4-8 to a suit referred for alternative dispute resolution under this
4-9 section.
4-10 (d) The parties to a suit for dissolution of a marriage who
4-11 are referred to an alternative dispute resolution proceeding under
4-12 this section shall begin participation in the program not later
4-13 than the 30th day after the date the referral is made. The court
4-14 may not schedule a hearing on the suit until proof of completion of
4-15 the alternative dispute resolution program is provided to the
4-16 court. If proof of completion of the program is provided before
4-17 the 60th day after the date the petition for divorce is filed, the
4-18 court may not schedule a hearing in the suit for dissolution until
4-19 the waiting period required by Section 3.60 is concluded.
4-20 (e) The expenses of alternative dispute resolution may be
4-21 taxed as costs against either or both parties.
4-22 SECTION 6. Subchapter C, Chapter 3, Family Code, is amended
4-23 by adding Section 3.56 to read as follows:
4-24 Sec. 3.56. DISCOVERY. (a) All discovery in a suit for
4-25 dissolution of a marriage must be completed not later than the 90th
4-26 day after the date the original petition is filed.
4-27 (b) A full and accurate inventory of the separate and
5-1 community property of the parties to the suit for dissolution must
5-2 be filed with the court not later than the 30th day after the date
5-3 discovery is completed in the suit.
5-4 SECTION 7. Subchapter B, Chapter 5, Family Code, is amended
5-5 by adding Section 5.241 to read as follows:
5-6 Sec. 5.241. TRANSFERS AND DEBTS PENDING DIVORCE. (a) After
5-7 a petition for divorce or annulment is filed and until a final
5-8 decree is entered, if a spouse transfers real or personal property
5-9 or incurs a debt that would subject community property to
5-10 liability, in an action brought by the other spouse the transfer or
5-11 debt is voidable with respect to that spouse if the transfer was
5-12 made or the debt incurred with the intent to injure the rights of
5-13 that spouse.
5-14 (b) A transfer or debt under Subsection (a) is not voidable
5-15 if the person dealing with the transferor or debtor spouse did not
5-16 have notice of the intent to injure the rights of the other spouse.
5-17 (c) In an action to void a transfer or debt under this
5-18 section, the spouse seeking to void the transfer or debt has the
5-19 burden of proving that the person dealing with the transferor or
5-20 debtor spouse had notice of the intent to injure the rights of the
5-21 other spouse.
5-22 SECTION 8. Chapter 34, Government Code, is amended by adding
5-23 Section 34.0021 to read as follows:
5-24 Sec. 34.0021. DISCRIMINATION IN CONDUCTING OR REFUSING TO
5-25 CONDUCT MARRIAGE CEREMONY. (a) A person authorized under Section
5-26 1.83(a)(4), Family Code, to conduct a marriage ceremony may not
5-27 discriminate against an applicant who is otherwise qualified to be
6-1 married on the basis of race, religion, or national origin.
6-2 (b) On a finding by the State Commission on Judicial Conduct
6-3 that a judge or justice of a court listed in Section 1.83(a)(4),
6-4 Family Code, intentionally violated Subsection (a), the commission
6-5 may recommend to the supreme court that the judge or justice be
6-6 removed from office.
6-7 SECTION 9. Sections 11.03(a) and (b), Family Code, are
6-8 amended to read as follows:
6-9 (a) An original suit affecting the parent-child relationship
6-10 may be brought at any time by:
6-11 (1) a parent of the child;
6-12 (2) the child (through a representative authorized by
6-13 the court);
6-14 (3) a custodian or person having rights of visitation
6-15 with or access to the child appointed by an order of a court of
6-16 another state or country or by a court of this state before January
6-17 1, 1974;
6-18 (4) a guardian of the person or of the estate of the
6-19 child;
6-20 (5) a governmental entity;
6-21 (6) any authorized agency;
6-22 (7) a man alleging himself to be the biological father
6-23 of a child under Chapter 12, subject to the limitations of Section
6-24 12.06, <who has no presumed father> filing in accordance with
6-25 Chapter 13 <of this code>, but not otherwise;
6-26 (8) a person who has had actual possession and control
6-27 of the child for at least six months immediately preceding the
7-1 filing of the petition;
7-2 (9) a person designated as the managing conservator in
7-3 a revoked or unrevoked affidavit of relinquishment under Section
7-4 15.03 <of this code> or to whom consent to adoption has been given
7-5 in writing under Section 16.05 <of this code>; <or>
7-6 (10) a person with whom the child and the child's
7-7 guardian, managing conservator, or parent have resided for at least
7-8 six months immediately preceding the filing of the petition and the
7-9 child's guardian, managing conservator, or parent is deceased at
7-10 the time of the filing of the petition; or
7-11 (11) the foster parent of a child placed by the
7-12 Department of Protective and Regulatory Services or a licensed
7-13 child-placing agency, if the child has lived with the foster parent
7-14 for not less than 12 months preceding the date of the filing of the
7-15 foster parent's petition.
7-16 (b) An original suit affecting the parent-child relationship
7-17 seeking managing conservatorship may be brought by a grandparent or
7-18 any other person determined by the court to have had substantial
7-19 past contact with the child sufficient to warrant standing, if
7-20 there is satisfactory proof to the court that:
7-21 (1) the order sought is necessary because the child's
7-22 present environment presents a serious question concerning the
7-23 child's physical health or welfare; or
7-24 (2) both parents, the surviving parent, or the
7-25 managing conservator or custodian either filed the petition or
7-26 consented to the suit.
7-27 SECTION 10. Section 11.05(c), Family Code, is amended to
8-1 read as follows:
8-2 (c) A court shall have jurisdiction over a suit affecting
8-3 the parent-child relationship if it has been, correctly or
8-4 incorrectly, informed by the Bureau of Vital Statistics <Texas
8-5 Department of Human Services> that the child has not been the
8-6 subject of a suit affecting the parent-child relationship and the
8-7 petition states that no other court has continuing jurisdiction
8-8 over the child.
8-9 SECTION 11. Sections 11.071(a), (b), and (c), Family Code,
8-10 are amended to read as follows:
8-11 (a) The petitioner or the court shall request from the
8-12 Bureau of Vital Statistics <Texas Department of Human Services>
8-13 identification of the court that last had jurisdiction of the child
8-14 in a suit affecting the parent-child relationship unless:
8-15 (1) the petition alleges that no court has continuing
8-16 jurisdiction of the child, and the issue is not disputed by the
8-17 pleadings; or
8-18 (2) the petition alleges that the court in which the
8-19 suit, petition for further remedy, or motion to modify has been
8-20 filed has acquired and retains continuing jurisdiction of the child
8-21 as the result of a prior proceeding, and the issue is not disputed
8-22 by the pleadings.
8-23 (b) The bureau <department> shall, on the written request of
8-24 the court, an attorney, or any party, identify the court that last
8-25 had jurisdiction of the child in a suit affecting the parent-child
8-26 relationship and give the docket number of the suit, or state that
8-27 the child has not been the subject of a suit affecting the
9-1 parent-child relationship. The child shall be identified in the
9-2 request by name, birthdate, and place of birth. The bureau
9-3 <department> shall transmit this information within 10 days after
9-4 the day the request is received.
9-5 (c) If a request for information from the bureau
9-6 <department> relating to the identity of the court having
9-7 continuing jurisdiction of the child has been made pursuant to
9-8 Subsection (a), no final order, except an order of dismissal, shall
9-9 be entered until the information is filed with the court. If a
9-10 final order is entered in the absence of the filing of the
9-11 information from the bureau <department>, the order is voidable on
9-12 a showing that a court other than the court that entered the order
9-13 had continuing jurisdiction.
9-14 SECTION 12. Section 11.08, Family Code, is amended to read
9-15 as follows:
9-16 Sec. 11.08. Contents of Petition. (a) The petition and all
9-17 other documents in a proceeding brought under this subtitle,
9-18 <(>except a suit for adoption of an adult,<)> shall be entitled "In
9-19 the interest of ______________, a child." In a suit in which
9-20 adoption of a child is sought, the style shall be, "In the interest
9-21 of a child."
9-22 (b) The petition must include:
9-23 (1) a statement that the court in which the petition
9-24 is filed has continuing jurisdiction or that no court has
9-25 continuing jurisdiction of the suit;
9-26 (2) the name, sex, place and date of birth, and place
9-27 of residence of the child, except that if adoption of a child is
10-1 sought, the name of the child may be omitted;
10-2 (3) the full name, age, and place of residence of the
10-3 petitioner and his relationship to the child or the fact that no
10-4 relationship exists;
10-5 (4) the names, ages, and place of residence of the
10-6 parents, except in a suit in which adoption is sought;
10-7 (5) the name and place of residence of the managing
10-8 conservator, if any, or the child's custodian, if any, appointed by
10-9 an order of the court before January 1, 1974, or by order of a
10-10 court of another state or nation;
10-11 (6) the names and places of residence of the guardians
10-12 of the person and estate of the child, if any;
10-13 (7) the names and places of residence of possessory
10-14 conservators or other persons, if any, having access to the child
10-15 under an order of the court;
10-16 (8) the name and place of residence of the alleged
10-17 father or probable father of the child or a statement that the
10-18 identity of the father of the child is unknown;
10-19 (9) a full description and statement of value of all
10-20 property owned or possessed by the child;
10-21 (10) a statement describing what action the court is
10-22 requested to make concerning the child and the statutory grounds on
10-23 which the request is made; and
10-24 (11) any other information required by other
10-25 provisions of this subtitle.
10-26 (c) <(d)> A petition in any suit for adoption or any suit
10-27 for appointment of a nonparent managing conservator with authority
11-1 to consent to adoption of a child must include:
11-2 (1) a sworn allegation that there has been compliance
11-3 with Chapter 45, Human Resources Code; or
11-4 (2) if there has not been compliance with Chapter 45,
11-5 Human Resources Code, a sworn statement of the particular reasons
11-6 for that noncompliance.
11-7 (d) <(e)> A petition for the involuntary termination of the
11-8 parent-child relationship that alleges in the statutory language
11-9 each statutory ground for the termination relied on and that
11-10 alleges that the termination is in the best interest of the child
11-11 is sufficient without the necessity of specifying the underlying
11-12 facts.
11-13 SECTION 13. Section 11.09(a), Family Code, is amended to
11-14 read as follows:
11-15 (a) Except as provided in Subsection (b) <of this section>,
11-16 the following <persons> are entitled to service of citation on the
11-17 filing of a petition in a suit affecting the parent-child
11-18 relationship:
11-19 (1) the managing conservator, if any;
11-20 (2) possessory conservators, if any;
11-21 (3) persons, if any, having access to the child under
11-22 an order of the court;
11-23 (4) persons, if any, required by law or by order of a
11-24 court to provide for the support of a child;
11-25 (5) the guardian of the person of the child, if any;
11-26 (6) the guardian of the estate of the child, if any;
11-27 (7) each parent as to whom the parent-child
12-1 relationship has not been terminated or process has not been waived
12-2 under Section 15.03(c)(2) <of this code>; <and>
12-3 (8) the alleged father or probable father, unless
12-4 there is attached to the petition an affidavit of waiver of
12-5 interest in a child executed by the alleged father or probable
12-6 father as provided in Section 15.041; and <of this code>
12-7 (9) the Department of Protective and Regulatory
12-8 Services, if the petition requests that the department be appointed
12-9 as managing conservator of the child.
12-10 SECTION 14. Section 11.10, Family Code, is amended by
12-11 amending Subsection (d) and adding Subsections (f), (g), and (h) to
12-12 read as follows:
12-13 (d) In any suit brought by a governmental entity seeking
12-14 termination of the parent-child relationship or to be named
12-15 conservator of a child, the court immediately shall appoint an
12-16 attorney ad litem to represent the interests of the child <as soon
12-17 as practicable> to insure adequate representation of the child's
12-18 interest. In a suit in which the Department of Protective and
12-19 Regulatory Services, an authorized agency, or a licensed
12-20 child-placing agency is named managing conservator of a child who,
12-21 regardless of whether the child is institutionalized, requires
12-22 continuous care and personal supervision because of a mental or
12-23 physical disability, the court shall appoint a guardian ad litem to
12-24 represent the interests of the child. In any suit in which
12-25 termination of the parent-child relationship is sought, the court
12-26 shall appoint an attorney ad litem to represent the interests of
12-27 each indigent parent of the child who responds in opposition to the
13-1 termination. If both parents of the child are indigent and oppose
13-2 termination and the court finds that the interests of the parents
13-3 are not in conflict, the court may appoint a single attorney ad
13-4 litem to represent the interests of both parents.
13-5 (f) An attorney ad litem appointed under this section to
13-6 represent a child may:
13-7 (1) conduct an investigation as the attorney ad litem
13-8 determines to be appropriate to determine the facts of the case;
13-9 (2) obtain a copy of each of the relevant medical,
13-10 psychological, and school records of the child;
13-11 (3) call, examine, and cross-examine witnesses; and
13-12 (4) make recommendations to the court concerning
13-13 action the attorney ad litem determines to be in the best interests
13-14 of the child.
13-15 (g) An attorney ad litem appointed under this section to
13-16 represent a child shall:
13-17 (1) within a reasonable time after the appointment but
13-18 before the date of the hearing, interview the child to determine
13-19 the child's wishes and to assess what action is in the best
13-20 interests of the child unless:
13-21 (A) the child is younger than four years of age;
13-22 or
13-23 (B) the attorney ad litem has reason to believe
13-24 the child would be harmed by the interview;
13-25 (2) before the date of the hearing, review all of the
13-26 relevant medical, psychological, and school records of the child;
13-27 and
14-1 (3) before the hearing, interview any social worker,
14-2 counselor, school employee, or mental health professional who has
14-3 significant knowledge of the child's history and condition.
14-4 (h) To be eligible for appointment as an attorney ad litem
14-5 under this section, the attorney must be certified by the State Bar
14-6 of Texas as having successfully completed a course of study in
14-7 family law and procedure. On a showing of good cause, the court
14-8 may appoint an attorney as attorney ad litem who has not completed
14-9 the training required under this subsection. If the court appoints
14-10 an attorney ad litem who has not completed the required training,
14-11 the court shall require that, as part of the attorney's duties as
14-12 attorney ad litem, the attorney ad litem complete the training
14-13 before the date of the trial on the merits.
14-14 SECTION 15. Section 11.12(b), Family Code, as amended by
14-15 Chapter 371 and Chapter 1004, Acts of the 71st Legislature, Regular
14-16 Session, 1989, is amended to read as follows:
14-17 (b) The social study shall be made by a <any> state agency,
14-18 including the <Texas> Department of Protective and Regulatory
14-19 <Human> Services or any person appointed by the court. The court
14-20 may appoint an investigator to conduct the social study required by
14-21 this section who has the qualifications established by the rules of
14-22 the <Texas> Department of Protective and Regulatory <Human>
14-23 Services providing minimum qualifications for persons who may
14-24 conduct social studies. If the <Texas> Department of Protective
14-25 and Regulatory <Human> Services, or another governmental agency, is
14-26 appointed, the person who conducts the investigation and makes the
14-27 report must also have those qualifications. A study made under
15-1 this section shall comply with the rules of the <Texas> Department
15-2 of Protective and Regulatory <Human> Services establishing minimum
15-3 standards, guidelines, and procedures for social studies <or the
15-4 criteria established by the court>. <This social study shall
15-5 contain any history of physical, sexual, or emotional abuse
15-6 suffered by the child.> In a suit in which a social study is
15-7 ordered <adoption is sought or possession of or access to the child
15-8 is an issue> and in which the <Texas> Department of Protective and
15-9 Regulatory <Human> Services is not a party <or has no interest>,
15-10 the court may not <shall> appoint the department <a private agency
15-11 or person> to conduct the social study. <In all adoptions a copy
15-12 of the social study shall be made available to the prospective
15-13 adoptive parents prior to a final decree of adoption.>
15-14 SECTION 16. Section 11.13, Family Code, is amended to read
15-15 as follows:
15-16 Sec. 11.13. JURY. (a) Except as provided by Subsection
15-17 (b), a party may demand a jury trial in <In> a suit affecting the
15-18 parent-child relationship<, except a suit in which adoption is
15-19 sought, any party may demand a jury trial>.
15-20 (b) A party may not demand a jury trial in a suit in which
15-21 adoption is sought, including a trial on the issue of denial or
15-22 revocation of consent to the adoption by the managing conservator.
15-23 (c) The court may not enter a decree that contravenes the
15-24 verdict of the jury, except with respect to the issues of the
15-25 specific terms and conditions of access to the child, support of
15-26 the child, and the rights, privileges, duties, and powers of sole
15-27 managing conservators, joint managing conservators, or possessory
16-1 conservators, on which the court may submit or refuse to submit
16-2 issues to the jury as the court determines appropriate, and on
16-3 which issues the jury verdict, if any, is advisory only.
16-4 SECTION 17. Section 11.155, Family Code, is amended to read
16-5 as follows:
16-6 Sec. 11.155. Contents of Decree. (a) A decree in a suit
16-7 affecting the parent-child relationship must contain the social
16-8 security number and driver's license number of each party to the
16-9 suit, including the child, except that the child's social security
16-10 number or driver's license number is not required if the child has
16-11 not been assigned a social security number or driver's license
16-12 number.
16-13 (b) <Except as provided by Subsection (c) of this section, a
16-14 party to a decree in a suit affecting the parent-child relationship
16-15 that orders child support or possession of or access to a child
16-16 shall:>
16-17 <(1) when the decree is entered, provide the clerk of
16-18 the court with the party's current residence address, mailing
16-19 address, home telephone number, name of employer, address of
16-20 employment, and work telephone number; and>
16-21 <(2) before the 11th day after the date any
16-22 information in Subdivision (1) of this subsection changes, inform
16-23 the clerk and all other parties of the change as long as any
16-24 person, by virtue of the decree, is under an obligation to pay
16-25 child support or is entitled to possession of or access to a child.>
16-26 <(c) If a court finds after notice and hearing that
16-27 requiring a party to provide the information required by Subsection
17-1 (b) of this section is likely to cause the child or a conservator
17-2 harassment, serious harm, or injury, the court may:>
17-3 <(1) order the information not to be disclosed to
17-4 another party; or>
17-5 <(2) enter any other order the court considers
17-6 necessary.>
17-7 <(d)> A decree in a suit affecting the parent-child
17-8 relationship that orders child support or possession of or access
17-9 to a child must contain the following in bold-faced type or in
17-10 capital letters:
17-11 "Failure to obey a court order for child support or for
17-12 possession of or access to a child may result in further litigation
17-13 to enforce the order, including contempt of court. A finding of
17-14 contempt may be punished by confinement in jail for up to six
17-15 months, a fine of up to $500 for each violation, and a money
17-16 judgment for payment of attorney's fees and court costs.
17-17 "Failure of a party to make a child support payment to the
17-18 place and in the manner required by a court order may result in the
17-19 party not receiving credit for making the payment.
17-20 "Failure of a party to pay child support does not justify
17-21 denying that party court-ordered possession of or access to a
17-22 child. Refusal by a party to allow possession of or access to a
17-23 child does not justify failure to pay court-ordered child support
17-24 to that party."
17-25 <(e) Except as provided by Subsection (c) of this section, a
17-26 decree in a suit affecting the parent-child relationship that
17-27 orders child support or possession of or access to a child must
18-1 also contain the following in bold-faced type or in capital
18-2 letters:>
18-3 <"Each person who is a party to this order or decree is
18-4 ordered to notify the clerk of this court within 10 days after the
18-5 date of any change in the party's current residence address,
18-6 mailing address, home telephone number, name of employer, address
18-7 of place of employment, or work telephone number. The duty to
18-8 furnish this information to the clerk of the court continues as
18-9 long as any person, by virtue of this order or decree, is under an
18-10 obligation to pay child support or is entitled to possession of or
18-11 access to a child. Failure to obey the order of this court to
18-12 provide the clerk with the current mailing address of a party may
18-13 result in the issuance of a capias for the arrest of the party if
18-14 that party cannot be personally served with notice of a hearing at
18-15 an address of record.">
18-16 <(f) The clerk of the court shall maintain a file of any
18-17 information provided by a party under this section and shall,
18-18 unless otherwise ordered by the court, provide the information on
18-19 request, without charge, to a party, the attorney general, a
18-20 domestic relations office, a child support collection office, or
18-21 any other person designated to prosecute actions under the Uniform
18-22 Interstate Family Support Act (Chapter 21 of this code) or to
18-23 enforce an order providing for child support or possession of or
18-24 access to a child.>
18-25 SECTION 18. Section 11.17, Family Code, is amended to read
18-26 as follows:
18-27 Sec. 11.17. Central Record File. (a) Except as provided by
19-1 Subsection (b) <of this section>, the clerk of each court having
19-2 jurisdiction of suits affecting the parent-child relationship shall
19-3 transmit to the Bureau <Texas Department> of Vital
19-4 Statistics <Human Services> a copy of the decree entered in each
19-5 suit affecting the parent-child relationship, together with the
19-6 name and all prior names, birthdate, and place of birth of the
19-7 child. The bureau <department> shall maintain these records in a
19-8 central file according to the name, birthdate, and place of birth
19-9 of the child, the court which rendered the decree, and the docket
19-10 number of the suit.
19-11 (b) The <On entry of a decree of adoption or on the
19-12 termination of jurisdiction of a court as provided in Section
19-13 11.05(d) of this code, the> clerk of the court that renders a
19-14 decree of adoption <at petitioner's request> shall transmit, not
19-15 later than the 10th day of the first month after the month in which
19-16 the adoption was granted, to the central registry of the bureau:
19-17 (1) <department> a complete file in the case,
19-18 including all pleadings, papers, studies, and records in the suit
19-19 other than the minutes of the court, if the petitioner requested
19-20 that the complete file be sent;
19-21 (2) <. The clerk of the court, on entry of a decree
19-22 of adoption, shall send to the department> a certified copy of the
19-23 petition and decree of adoption excluding the<. The clerk may not
19-24 transmit to the department> pleadings, papers, studies, and records
19-25 relating to a suit for divorce or annulment or to declare a
19-26 marriage void, if the petitioner did not request that the complete
19-27 file be sent; and
20-1 (3) a report of adoption including:
20-2 (A) the name of the adopted child after adoption
20-3 as shown on the adoption decree;
20-4 (B) the birthdate of the adopted child;
20-5 (C) the docket number of the adoption suit;
20-6 (D) the identity of the court granting the
20-7 adoption;
20-8 (E) the date of the adoption decree;
20-9 (F) the name and address of each parent,
20-10 guardian, managing conservator, or other person whose consent to
20-11 adoption was required or waived under Chapter 16 or whose parental
20-12 rights were terminated in the adoption suit;
20-13 (G) the identity of the licensed child-placing
20-14 agency, if any, through which the adopted child was placed for
20-15 adoption; and
20-16 (H) the identity, address, and telephone number
20-17 of the registry through which the adopted child may register as an
20-18 adoptee.
20-19 (c) When the bureau <department> receives the complete file
20-20 or petition and decree of adoption, it shall close the records
20-21 concerning that child<;> and, except for statistical purposes, it
20-22 shall not disclose any information concerning the prior proceedings
20-23 affecting the child.
20-24 (d) Except as provided in Subsection (g) <(d) of this
20-25 section>, any subsequent inquiries concerning the child who has
20-26 been adopted shall be handled as though the child had not been
20-27 previously the subject of a suit affecting the parent-child
21-1 relationship.
21-2 (e) On the receipt of additional records concerning a child
21-3 who has been the subject of a suit affecting the parent-child
21-4 relationship in which the records have been closed as required in
21-5 this section, a new file shall be made and maintained as other
21-6 records required by this section.
21-7 (f) <(c)> The bureau <department> may charge a reasonable
21-8 fee to cover the cost of determining and sending information
21-9 concerning the identity of courts with continuing jurisdiction.
21-10 The receipts shall be deposited in any financial institution as
21-11 determined by the director of the bureau <commissioner of welfare>
21-12 and withdrawn as necessary for the sole purpose of operating and
21-13 maintaining the central record file.
21-14 (g) On the termination of jurisdiction of a court as
21-15 provided in Section 11.05(d), the clerk of the court shall transmit
21-16 to the department a complete file in the case, including all
21-17 pleadings, papers, studies, and records in the suit other than the
21-18 minutes of the court. The clerk may not transmit to the department
21-19 pleadings, papers, studies, and records relating to a suit for
21-20 divorce or annulment or to declare a marriage void. When the
21-21 department receives the complete file or petition it shall close
21-22 the records concerning that child; and except for statistical
21-23 purposes, it shall not disclose any information concerning the
21-24 prior proceedings affecting the child. Except as provided in
21-25 Subsection (h), any subsequent inquiries concerning the child shall
21-26 be handled as though the child had not been previously the subject
21-27 of a suit affecting the parent-child relationship. On the receipt
22-1 of additional records concerning a child who has been the subject
22-2 of a suit affecting the parent-child relationship in which the
22-3 records have been closed as required in this subsection, a new file
22-4 shall be made and maintained as other records required by this
22-5 section.
22-6 (h) <(d)> The records concerning a child maintained by the
22-7 district clerk after entry of a decree of adoption, the records of
22-8 a child-placing agency that has ceased operations, and all the
22-9 records required under this section to be maintained by the bureau
22-10 <department> are confidential, and no person is entitled to access
22-11 to or information from these records except for good cause <as
22-12 provided by this subtitle> or on an order of the court that granted
22-13 the adoption or that terminated the proceedings under Section
22-14 11.05(d) <which issued the decree for good cause>.
22-15 (i) <(e)> The bureau <department> may utilize microfilm or
22-16 other suitable means for maintaining the central record file. A
22-17 certified reproduction of a document maintained by the bureau
22-18 <department> is admissible in evidence as the original document.
22-19 (j) <(f)> The court, on the motion of a party or on the
22-20 court's own motion, may order the sealing of the file, the minutes
22-21 of the court, or both, in a proceeding in which adoption or
22-22 termination was sought. This subsection does not relieve the clerk
22-23 from the duty to transmit files or petitions and decrees of
22-24 adoption to the bureau <department> as required by Subsection (b)
22-25 <of this section>.
22-26 SECTION 19. Section 11.53, Family Code, is amended by adding
22-27 Subsection (e) to read as follows:
23-1 (e) A court that has jurisdiction of a case under Subsection
23-2 (a)(3) for which a court in another state may exercise jurisdiction
23-3 under prerequisites substantially in accordance with Subsection
23-4 (a)(1) or (2) may enter only a temporary order to protect the
23-5 child. The suit shall be dismissed in this state on the date a
23-6 court of competent jurisdiction in another state signs an order in
23-7 the case or on the 91st day after the date the court in this state
23-8 exercised its jurisdiction, whichever date occurs first.
23-9 SECTION 20. Section 12.02(b), Family Code, is amended to
23-10 read as follows:
23-11 (b) A presumption of paternity <under this section> may be
23-12 rebutted as provided by Section 12.06 <only by clear and convincing
23-13 evidence. If two or more presumptions arise that conflict, the
23-14 presumption that is founded on the weightier considerations of
23-15 policy and logic controls. The presumption is rebutted by a court
23-16 decree establishing paternity of the child by another man>.
23-17 SECTION 21. Section 12.04, Family Code, is amended to read
23-18 as follows:
23-19 Sec. 12.04. RIGHTS AND<, PRIVILEGES,> DUTIES<, AND POWERS>
23-20 OF PARENT. Except as otherwise provided by judicial order or by an
23-21 affidavit of relinquishment of parental rights executed under
23-22 Section 15.03 <of this code>, the parent of a child has the
23-23 following rights and<, privileges,> duties<, and powers>:
23-24 (1) the right to have physical possession, to direct
23-25 the moral and religious training, and to determine <establish> the
23-26 primary residence <legal domicile> of the child;
23-27 (2) the duty of care, control, protection, and
24-1 reasonable discipline of the child;
24-2 (3) the duty to support the child, including providing
24-3 the child with clothing, food, shelter, medical care, and
24-4 education;
24-5 (4) the right to consent to medical, surgical,
24-6 psychiatric, and psychological treatment for the child;
24-7 (5) the duty, except when a guardian of the child's
24-8 estate has been appointed, to manage the estate of the child,
24-9 including the right <a power> as an agent of the child to act in
24-10 relation to the child's estate if the child's action is required by
24-11 a state, the United States, or a foreign government;
24-12 (6) <(5)> the right to the services and earnings of
24-13 the child;
24-14 (7) <(6)> the right <power> to consent to marriage<,
24-15 to enlistment in the armed forces of the United States, and to
24-16 medical, psychiatric, and surgical treatment>;
24-17 (8) <(7)> the right <power> to represent the child in
24-18 legal action and to make other decisions of substantial legal
24-19 significance concerning the child;
24-20 (9) <(8)> the right <power> to receive and give
24-21 receipt for payments for the support of the child and to hold or
24-22 disburse any funds for the benefit of the child;
24-23 (10) <(9)> the right to inherit from and through the
24-24 child; <and>
24-25 (11) the right to consent to enlistment in the armed
24-26 forces of the United States; and
24-27 (12) <(10)> any other right or<, privilege,> duty<, or
25-1 power> existing between a parent and child by virtue of law.
25-2 SECTION 22. Section 12.06, Family Code, is amended to read
25-3 as follows:
25-4 Sec. 12.06. Denial of Paternity. (a) In a <any> suit
25-5 affecting the parent-child relationship, the presumption that a man
25-6 <who> is the biological <a presumed> father of a child as provided
25-7 by <under> Section 12.02(a) may be contested by:
25-8 (1) <of this code,> the biological mother of the
25-9 child;
25-10 (2) a man presumed to be the father of the child, who
25-11 may contest his own or another man's presumed paternity;
25-12 (3) a man alleging himself to be the biological father
25-13 of the child; or
25-14 (4) <, or> a governmental entity, authorized agency,
25-15 or licensed child-placing agency <is entitled to deny any presumed
25-16 father's paternity of the child>.
25-17 (b) A contest <The question> of paternity <under this
25-18 section> must be raised by an express statement denying paternity
25-19 of the child in a party's pleadings in the suit, without regard to
25-20 whether the presumed father or biological mother is a petitioner or
25-21 respondent.
25-22 (c) <(b)> In a <any> suit in which a question of paternity
25-23 is raised <under this section>, the court shall conduct the
25-24 pretrial proceedings and order scientifically accepted paternity
25-25 testing as provided <required> in <a suit under> Chapter 13 <of
25-26 this code>.
25-27 (d) <(c)> In a <any> suit in which a question of paternity
26-1 is raised <under this section>, the party contesting <denying> the
26-2 presumed father's paternity of the child has the burden of
26-3 rebutting the presumption of paternity by clear and convincing
26-4 evidence <as provided in this code>.
26-5 (e) An order for temporary child support, conservatorship,
26-6 or other relief <entered> under Section 11.11 <of this code> is
26-7 valid and enforceable unless superseded by a final order <decree>
26-8 finding nonpaternity of the presumed father.
26-9 (f) The court shall dismiss with prejudice a claim regarding
26-10 a presumed father whose paternity is excluded by scientifically
26-11 accepted paternity testing.
26-12 (g) If two or more presumptions are in conflict, the
26-13 presumption that is founded on the weightier considerations of
26-14 policy and logic controls. The court shall find that the weightier
26-15 presumption of paternity is that of a presumed father who is not
26-16 excluded as the biological father of the child by scientifically
26-17 accepted paternity testing that shows that at least 99 percent of
26-18 the male population is excluded.
26-19 (h) The court shall dismiss a suit contesting a presumption
26-20 of paternity filed by a man who is not a presumed father, but who
26-21 alleges himself to be the biological father of a child, if:
26-22 (1) the suit is filed more than two years after the
26-23 later of:
26-24 (A) the birth of the child; or
26-25 (B) the time the presumption of paternity came
26-26 into existence after the child was born; and
26-27 (2) the presumed father:
27-1 (A) has resided in the same household as the
27-2 child in a father-child relationship or has established a
27-3 father-child relationship with the child through his other actions;
27-4 and
27-5 (B) requests an order designating him as the
27-6 father of the child.
27-7 (i) A suit contesting a presumption that a man is the
27-8 biological father of a child may be filed at any time during the
27-9 minority of the child by:
27-10 (1) the biological mother of the child;
27-11 (2) a presumed father; or
27-12 (3) a governmental entity, authorized agency, or
27-13 licensed child-placing agency.
27-14 (j) If a presumption of paternity is rebutted, the court
27-15 shall enter an order finding that the man presumed to be the father
27-16 of the child is not the biological father.
27-17 SECTION 23. Section 14.02, Family Code, is amended to read
27-18 as follows:
27-19 Sec. 14.02. COURT TO SPECIFY RIGHTS AND DUTIES<, PRIVILEGES,
27-20 DUTIES, AND POWERS> OF PARENT APPOINTED AS <A> CONSERVATOR. <(a)>
27-21 If both parents are appointed as conservators of the child, <either
27-22 by agreement between the parties or by court order,> the court
27-23 shall specify the rights and<, privileges,> duties<, and powers of
27-24 a parent that are to be retained by both parents, the rights,
27-25 privileges, duties, and powers> of a parent that are to be
27-26 exercised:
27-27 (1) by each parent independently;
28-1 (2) by the agreement of the parents; and
28-2 (3) <jointly, and the rights, privileges, duties, and
28-3 powers that are to be exercised> exclusively by one parent. <Each
28-4 parent retains the right to receive information from the other
28-5 parent concerning the health, education, and welfare of the child
28-6 and, to the extent possible, the right to confer with the other
28-7 parent before making a decision concerning the health, education,
28-8 and welfare of the child, and the court shall specify these rights
28-9 in the order.>
28-10 Sec. 14.0201. LIMITATION OF PARENTAL RIGHTS AND DUTIES. The
28-11 court may limit the rights and duties of <(b) Unless by written
28-12 findings the court determines it would not be in the best interest
28-13 of the child,> a parent appointed as a conservator if the court
28-14 determines the limitation is in the child's best interests. <of the
28-15 child retains the following rights, privileges, duties, and powers
28-16 of a parent, subject to any limitation imposed by court order in
28-17 allowing access to the child:>
28-18 Sec. 14.0202. RIGHTS AND DUTIES DURING POSSESSION. Subject
28-19 to a limitation imposed under Section 14.0201, <(1)> a parent
28-20 appointed as a conservator of a child has the following rights and
28-21 duties during the period that the parent has possession of the
28-22 child:
28-23 (1) <(A)> the right to physical possession and to
28-24 direct the moral and religious training of the child;
28-25 (2) <(B)> the duty of care, control, protection, and
28-26 reasonable discipline of the child;
28-27 (3) <(C)> the duty to support the child, including
29-1 providing the child with clothing, food, shelter, and medical and
29-2 dental care not involving an invasive procedure; and
29-3 (4) <(D)> the right <power> to consent to medical,
29-4 dental, and surgical treatment during an emergency involving an
29-5 immediate danger to the health and safety of the child.<;>
29-6 Sec. 14.0203. RIGHTS AND DUTIES AT ALL TIMES. Subject to a
29-7 limitation imposed under Section 14.0201, a <(2) each> parent
29-8 appointed as a conservator of a child has the following rights and
29-9 duties <at all times>:
29-10 (1) as specified by court order:
29-11 (A) the right to receive information from the
29-12 other parent concerning the health, education, and welfare of the
29-13 child; and
29-14 (B) to the extent possible, the right to confer
29-15 with the other parent before making a decision concerning the
29-16 health, education, and welfare of the child;
29-17 (2) <(A)> the right of access to medical, dental,
29-18 psychological, and educational records of the child;
29-19 (3) <(B)> the right to consult with a <any> physician,
29-20 dentist, or psychologist of the child;
29-21 (4) <(C)> the right to consult with school officials
29-22 concerning the child's welfare and educational status, including
29-23 school activities;
29-24 (5) <(D)> the right to attend school activities;
29-25 (6) <(E)> the right to be designated on the child's
29-26 <any> records as a person to be notified in case of an emergency;
29-27 (7) the right to consent to medical, dental, and
30-1 surgical treatment during an emergency involving an immediate
30-2 danger to the health and safety of the child; and
30-3 (8) <(F)> the right to manage the estate of the child
30-4 to the extent the estate has been created by the parent or the
30-5 parent's family.<; and>
30-6 Sec. 14.0204. RIGHTS AND DUTIES OF PARENT WHO IS SOLE
30-7 MANAGING CONSERVATOR. Subject to a limitation imposed under
30-8 Section 14.0201, <(3)> a parent appointed as the sole managing
30-9 conservator of a child exclusively has:
30-10 (1) <(A)> the right to the services and earnings of
30-11 the child;
30-12 (2) <(B)> the right <power> to consent to marriage, to
30-13 enlistment in the armed forces of the United States, to medical,
30-14 dental, and surgical treatment involving invasive procedures, and
30-15 to psychiatric and psychological treatment;
30-16 (3) <(C)> the right <power> to represent the child in
30-17 legal action and to make other decisions of substantial legal
30-18 significance concerning the child, including the right to establish
30-19 the primary residence of the child;
30-20 (4) <,> except when a guardian of the child's estate
30-21 or a guardian or attorney ad litem has been appointed for the
30-22 child, a right <power> as an agent of the child to act in relation
30-23 to the child's estate if the child's action is required by a state,
30-24 the United States, or a foreign government; and
30-25 (5) <(D)> the right <power> to receive and give
30-26 receipt for periodic payments for the support of the child and to
30-27 hold or disburse these funds for the benefit of the child.
31-1 Sec. 14.0205. RIGHTS AND DUTIES OF MANAGING CONSERVATOR
31-2 OTHER THAN PARENT. <(c)> A managing conservator who is not the
31-3 parent of the child has the following rights and<, privileges,>
31-4 duties<, and powers>, subject to the same limitations that apply to
31-5 a parent under Section 14.0201, <Subsection (b) of this section,
31-6 to> the rights and<, privileges,> duties<, and powers> of a
31-7 possessory conservator as provided in Section 14.04 <of this code>,
31-8 and <to> any limitation imposed by court order in allowing access
31-9 to the child:
31-10 (1) the right to have physical possession and<,> to
31-11 direct the moral and religious training<, and to establish the
31-12 legal domicile> of the child;
31-13 (2) the duty of care, control, protection, and
31-14 reasonable discipline of the child;
31-15 (3) the duty to provide the child with clothing, food,
31-16 shelter, and education;
31-17 (4) the right to the services and earnings of the
31-18 child;
31-19 (5) the right <power> to consent to marriage, to
31-20 enlistment in the armed forces of the United States, and to
31-21 medical, psychiatric, psychological, dental, and surgical
31-22 treatment;
31-23 (6) the right <power> to represent the child in legal
31-24 action and to make other decisions of substantial legal
31-25 significance concerning the child;
31-26 (7) <including,> except when a guardian of the child's
31-27 estate or a guardian or attorney ad litem has been appointed for
32-1 the child, a right <power> as an agent of the child to act in
32-2 relation to the child's estate if the child's action is required by
32-3 a state, the United States, or a foreign government;
32-4 (8) <(7)> the right <power> to receive and give
32-5 receipt for periodic payments for the support of the child and to
32-6 hold or disburse these funds for the benefit of the child; <and>
32-7 (9) the right to establish the primary residence of
32-8 the child; and
32-9 (10) <(8)> if the parent-child relationship has been
32-10 terminated with respect to the parents, or only living parent, or
32-11 if there is no living parent, the right <power> to consent to the
32-12 adoption of the child and to make any other decision concerning the
32-13 child that a parent could make.
32-14 Sec. 14.0206. RIGHTS AND DUTIES OF MANAGING CONSERVATOR
32-15 DESIGNATED IN AFFIDAVIT OF RELINQUISHMENT. <(d)> A person or
32-16 authorized agency designated managing conservator of a child in an
32-17 irrevocable or unrevoked affidavit of relinquishment executed
32-18 pursuant to Section 15.03 <of this code> shall have a right to
32-19 possession of the child superior to the right of the person
32-20 executing the affidavit, the right to consent to medical and
32-21 surgical treatment of the child, and the rights and<, privileges,>
32-22 duties<, and powers> given by Section 14.04 <of this code> to a
32-23 possessory conservator until such time as these rights and<,
32-24 privileges,> duties<, and powers> are modified or terminated by
32-25 court order.
32-26 Sec. 14.0207. EFFECT OF APPOINTMENT OF MANAGING CONSERVATOR
32-27 ON RIGHT TO INHERIT. <(e)> The appointment of a managing
33-1 conservator does not create, rescind, or otherwise alter a right to
33-2 inherit as established by law or as modified under Chapter 15 <of
33-3 this code>.
33-4 SECTION 24. Subchapter A, Chapter 14, Family Code, is
33-5 amended by adding Section 14.0208 to read as follows:
33-6 Sec. 14.0208. FALSE REPORT OF CHILD ABUSE. If, in
33-7 connection with a pending suit affecting the parent-child
33-8 relationship, a party to the suit makes a report alleging child
33-9 abuse by another party to the suit that the reporting party knows
33-10 lacks a factual foundation, the court shall deem the report a
33-11 knowingly false report. Evidence of a false report of child abuse
33-12 is admissible in a suit between the involved parties regarding the
33-13 terms of conservatorship of the child.
33-14 SECTION 25. Section 14.03, Family Code, is amended by adding
33-15 Subsection (k) to read as follows:
33-16 (k) A court may not render an order that conditions the
33-17 right of a conservator to possession of or access to a child on the
33-18 payment of child support.
33-19 SECTION 26. Subchapter A, Chapter 14, Family Code, is
33-20 amended by adding Section 14.031 to read as follows:
33-21 Sec. 14.031. USE OF POSSESSION AND ACCESS EXCHANGE FACILITY
33-22 OR PROGRAM. (a) In setting the time and conditions for possession
33-23 of or access to a child, the court may order that the child be
33-24 delivered to a possessory conservator and returned by the
33-25 possessory conservator to a place other than the residences of the
33-26 conservators, including the designation of a possession and access
33-27 exchange facility or program, if the court finds that:
34-1 (1) delivery and return of the child to the facility
34-2 or program or the use of the facility for supervised possession or
34-3 access is necessary to ensure the safety of the child or the
34-4 conservators;
34-5 (2) the charge for the use of the facility or program,
34-6 if any, to be incurred by the conservators is reasonable and
34-7 necessary and the conservators have the ability to pay for the use
34-8 of the facility or program; and
34-9 (3) other means are not available for the delivery and
34-10 return of the child or for supervised possession or access for
34-11 which a charge is not required.
34-12 (b) An order under this section expires six months after the
34-13 date the order was rendered unless the court extends the order
34-14 after agreement of the conservators affected by the order or after
34-15 giving notice and holding a hearing and finding that:
34-16 (1) the use of the facility or program for the
34-17 delivery and return of the child or for supervised possession or
34-18 access does not result in the possessory conservator being unable
34-19 to exercise the possessory conservator's rights to possession and
34-20 access;
34-21 (2) the use of the facility or program is necessary to
34-22 minimize disruption to the child;
34-23 (3) the conservators have the ability to pay any costs
34-24 incurred through the use of the facility or program; and
34-25 (4) other means are not available for the delivery and
34-26 return of the child or for supervised possession or access for
34-27 which a charge is not required.
35-1 SECTION 27. Section 14.03, Family Code, is amended by adding
35-2 Subsection (k) to read as follows:
35-3 (k) A court may not render an order that conditions the
35-4 right of a conservator to possession of or access to a child on the
35-5 payment of child support.
35-6 SECTION 28. Sections 14.045(a) and (c), Family Code, are
35-7 amended to read as follows:
35-8 (a) Each decree that provides for the appointment of a
35-9 conservator who has possession of or access to a child shall
35-10 include, and in its absence shall be deemed to include, the
35-11 requirement that each conservator <who intends a change of place of
35-12 residence> must give written notice of the name of the
35-13 conservator's employer, the address of the conservator's
35-14 employment, and the conservator's work <the intended date of
35-15 change, new> telephone number<, and new street address of
35-16 residence> to the clerk of the court having jurisdiction of the
35-17 suit affecting the parent-child relationship in which the order was
35-18 made <and to every other party who has possession of or access to
35-19 the child>. The conservator must give written notice to the clerk
35-20 of the court of any change in the information required by this
35-21 subsection before the 11th day after the date the information
35-22 changed. <The notice must be given on or before the 60th day
35-23 before the conservator changes the conservator's place of
35-24 residence. If the conservator did not know or could not have known
35-25 of the change of residence or if the required information was not
35-26 available within the 60-day period, the conservator shall supply
35-27 the written notice of the change of residence or the related
36-1 information on or before the fifth day after the date that the
36-2 conservator knew or should have known of the change or of the
36-3 related information.>
36-4 (c) <The notice required by this section may be given to a
36-5 party by delivery of a copy of the notice to the party either in
36-6 person or by registered or certified mail, return receipt
36-7 requested, to the last known address of the party.> The notice
36-8 required by this section may be given to the court by delivery of a
36-9 copy of the notice either in person to the clerk of the court or by
36-10 registered or certified mail addressed to the clerk of the court.
36-11 SECTION 29. Section 14.05, Family Code, is amended by
36-12 reenacting Subsection (a) and adding Subsections (k) and (l) to
36-13 read as follows:
36-14 (a) The court may order either or both parents to make
36-15 periodic payments or a lump-sum payment, or both, for the support
36-16 of the child until he or she is 18 years of age in the manner and
36-17 to the persons specified by the court in the decree. The court of
36-18 continuing exclusive jurisdiction may modify an existing order or
36-19 enter a new order extending child support past the 18th birthday of
36-20 the child, whether the request for such an order is filed before or
36-21 after the child's 18th birthday, if the child is fully enrolled in
36-22 an accredited secondary school in a program leading toward a high
36-23 school diploma. The order for periodic support may provide that
36-24 payments continue until the end of the school year in which the
36-25 child graduates. In addition, the court may order a parent
36-26 obligated to support a child to set aside property to be
36-27 administered for the support of the child in the manner and by the
37-1 persons specified by the court in the decree. In determining the
37-2 amount of child support, the court shall be guided by the child
37-3 support guidelines contained in Sections 14.052 through 14.058 of
37-4 this chapter for the support of a child.
37-5 (k) The court may order either or both parents to make
37-6 periodic payments for the support of a child in a proceeding in
37-7 which the Department of Protective and Regulatory Services is named
37-8 temporary managing conservator. In a proceeding in which the
37-9 Department of Protective and Regulatory Services is named permanent
37-10 managing conservator of a child whose parents' rights have not been
37-11 terminated, the court shall order either or both parents to make
37-12 periodic payments for the support of the child.
37-13 (l) A court may not render an order that conditions the
37-14 payment of child support on whether a managing conservator allows a
37-15 possessory conservator to have possession of or access to a child.
37-16 SECTION 30. The heading of Section 14.051, Family Code, is
37-17 amended to read as follows:
37-18 Sec. 14.051. SUPPORT AND POSSESSION OF, AND ACCESS TO, <FOR>
37-19 A MINOR OR ADULT DISABLED CHILD.
37-20 SECTION 31. Section 14.051, Family Code, is amended by
37-21 amending Subsections (b), (g), and (h) and by adding Subsection (l)
37-22 to read as follows:
37-23 (b) The court may order either or both parents to provide
37-24 for the support of a child for an indefinite period and determine
37-25 the rights and<, privileges,> duties<, and powers> of the child's
37-26 parents for the support of the child if the court finds that:
37-27 (1) the child, whether institutionalized or not,
38-1 requires substantial care and personal supervision because of a
38-2 mental or physical disability and will not be able to support
38-3 himself; and
38-4 (2) the disability exists, or the cause of the
38-5 disability is known to exist, before or on the 18th birthday of the
38-6 child.
38-7 (g) In determining the amount of support to be paid after a
38-8 child's 18th birthday, the specific terms and conditions of that
38-9 support, and the rights and<, privileges,> duties<, and powers> of
38-10 both parents with respect to the support of the child, the court
38-11 shall determine and give special consideration to:
38-12 (1) any existing or future needs of the adult child
38-13 directly related to the adult child's mental or physical disability
38-14 and the substantial care and personal supervision directly required
38-15 by or related to that disability;
38-16 (2) whether the parent pays for or will pay for the
38-17 care or supervision of the adult child or provides or will provide
38-18 substantial care or personal supervision of the adult child;
38-19 (3) the financial resources available to both parents
38-20 for the support, care, and supervision of the adult child; and
38-21 (4) any other financial resources or other resources
38-22 or programs available for the support, care, and supervision of the
38-23 adult child.
38-24 (h) An order under this section may contain provisions
38-25 governing the rights and<, privileges,> duties<, and powers> of
38-26 both parents with respect to the support of the child and may be
38-27 modified or enforced in the same manner as any other order under
39-1 this title.
39-2 (l) The court may render an order for the possession of or
39-3 access to an adult disabled child that is appropriate under the
39-4 circumstances. Possession of or access to the adult disabled child
39-5 is enforceable in the manner provided by Subchapter B, except that
39-6 an adult disabled child may refuse possession or access if the
39-7 adult disabled child is mentally competent.
39-8 SECTION 32. Section 14.06(d), Family Code, is amended to
39-9 read as follows:
39-10 (d) Terms of the agreement contained in an order or
39-11 incorporated by reference in an order regarding conservatorship or
39-12 support of or access to a child <set forth in the decree> may be
39-13 enforced by all remedies available for enforcement of a judgment,
39-14 including contempt, but are not enforceable as a contract <terms
39-15 unless the agreement so provides>.
39-16 SECTION 33. Section 14.08(c), Family Code, is amended to
39-17 read as follows:
39-18 (c) After a hearing, the court may modify an order or a
39-19 portion of a decree that:
39-20 (1) designates a sole managing conservator if:
39-21 (A) the circumstances of the child, sole
39-22 managing conservator, possessory conservator, or other party
39-23 affected by the order or decree have materially and substantially
39-24 changed since the date of the rendition of the order or decree to
39-25 be modified; <and>
39-26 (B) the retention of the present sole managing
39-27 conservator would be injurious to the welfare of the child; and
40-1 (C) the appointment of the new sole managing
40-2 conservator would be a positive improvement for the child; <or>
40-3 (2) provides for the support of a child if the
40-4 circumstances of the child or a person affected by the order or
40-5 portion of the decree to be modified have materially and
40-6 substantially changed since the date of its rendition, except that
40-7 a support order may be modified only as to obligations accruing
40-8 after the earlier of the date of service of citation or an
40-9 appearance on the motion to modify; <or>
40-10 (3) sets the terms and conditions for possession of or
40-11 access to a child, or prescribes the relative rights, privileges,
40-12 duties, and powers of conservators if:
40-13 (A) the circumstances of the child or a person
40-14 affected by the order or portion of the decree to be modified have
40-15 materially and substantially changed since the date of rendition of
40-16 the order or decree; <or>
40-17 (B) the order or portion of the decree to be
40-18 modified has become unworkable or inappropriate under existing
40-19 circumstances; or
40-20 (C) the notice required by Section 14.031 of
40-21 this code was not given, or there was a change in a conservator's
40-22 residence to a place outside the jurisdiction of the court. If a
40-23 change of residence results in increased expenses for any party
40-24 having possession of or access to a child, the court may enter
40-25 appropriate orders to allocate those increased costs on a fair and
40-26 equitable basis, taking into account the cause of the increased
40-27 costs and the best interest of the child. The payment of increased
41-1 costs by the party whose residence is changed is rebuttably
41-2 presumed to be in the best interest of the child. Such an order
41-3 may be entered without regard to whether any other change in the
41-4 terms and conditions of possession of or access to the child is
41-5 made; <or>
41-6 (4) designates a sole managing conservator if the sole
41-7 managing conservator has voluntarily relinquished possession and
41-8 control of the child for a period of more than six months and the
41-9 modification is in the best interest of the child; <or>
41-10 (5) designates a sole managing conservator if a parent
41-11 of the child requests appointment as a joint managing conservator,
41-12 and the court finds that:
41-13 (A) the circumstances of the child or the sole
41-14 managing conservator have materially and substantially changed
41-15 since the rendition of the order or decree to be modified;
41-16 (B) retention of a sole managing conservatorship
41-17 would be detrimental to the welfare of the child; and
41-18 (C) the appointment of the parent as a joint
41-19 managing conservator would be a positive improvement for and in the
41-20 best interest of the child; or
41-21 (6) designates a sole managing conservator if a child
41-22 12 years of age or older has filed with the court in writing the
41-23 name of the person who is the child's choice for managing
41-24 conservator and the court finds that the appointment of the named
41-25 person is in the best interest of the child.
41-26 SECTION 34. Section 14.081(d), Family Code, is amended to
41-27 read as follows:
42-1 (d) After a hearing, on the motion of one or both of the
42-2 joint managing conservators or on the court's own motion, a court
42-3 may replace a joint managing conservatorship with a sole managing
42-4 conservatorship if:
42-5 (1)(A) the child's present living environment may
42-6 endanger the child's physical health or significantly impair the
42-7 child's emotional development <welfare of the child is a matter of
42-8 immediate and serious concern>;
42-9 (B) there has been a substantial and unexcused
42-10 violation of the terms and conditions established in the existing
42-11 conservatorship decree; or
42-12 (C) the circumstances of the child or of one or
42-13 both of the joint managing conservators have so materially and
42-14 substantially changed since the rendition of the decree that it has
42-15 become unworkable or inappropriate under existing circumstances;
42-16 and
42-17 (2) the appointment of a sole managing conservator
42-18 would be a positive improvement for and in the best interest of the
42-19 child.
42-20 SECTION 35. Section 14.30, Family Code, is amended by adding
42-21 Subsection (f) to read as follows:
42-22 (f) Jurisdiction Extends Until Arrearages are Paid. A court
42-23 that enters an order providing for the payment of child support
42-24 arrearages retains jurisdiction until the arrearages are paid in
42-25 full as required by the court order.
42-26 SECTION 36. Subchapter B, Chapter 14, Family Code, is
42-27 amended by adding Section 14.3131 to read as follows:
43-1 Sec. 14.3131. COUNTERCLAIM RELATING TO POSSESSION OR ACCESS
43-2 AND WITHDRAWAL OF COUNSEL IN CERTAIN ENFORCEMENT PROCEEDINGS. (a)
43-3 In a child support enforcement proceeding in which the state agency
43-4 designated to administer a statewide plan for child support or an
43-5 entity acting on that agency's behalf represents the obligee, the
43-6 obligor may not file a counterclaim relating to possession of or
43-7 access to the child until after the court has ruled on each issue
43-8 relating to the payment of child support.
43-9 (b) The state agency designated to administer a statewide
43-10 plan for child support or an entity acting on that agency's behalf
43-11 may not withdraw as counsel from a proceeding initiated to enforce
43-12 a child support obligation until the court has ruled on each issue
43-13 relating to the child support obligation, except that the court may
43-14 allow withdrawal if the obligee is shown to have refused or failed
43-15 to cooperate with the counsel to the extent that the counsel is
43-16 unable effectively to continue the representation.
43-17 SECTION 37. Section 14.314(b), Family Code, is amended to
43-18 read as follows:
43-19 (b) Notice of Hearing, Personal Service. Notice <Except as
43-20 provided by Subsection (c) of this section, notice> of a motion
43-21 seeking enforcement of an existing court order providing for child
43-22 support, possession of, or access to a child shall be personally
43-23 served on the respondent before the 10th day before the date of a
43-24 hearing on the motion.
43-25 SECTION 38. Sections 14.317(b)-(e), Family Code, are amended
43-26 to read as follows:
43-27 (b) <Personal Service Unsuccessful After Order to Provide
44-1 Mailing Address. The court shall issue a capias for the arrest of
44-2 a party if:>
44-3 <(1) the party is allegedly in arrears in
44-4 court-ordered child support payments;>
44-5 <(2) the party has been ordered under Section 11.155
44-6 of this code to provide the clerk of the court with the party's
44-7 current mailing address;>
44-8 <(3) the party did not appear at the hearing; and>
44-9 <(4) subsequently an attempt to serve notice of the
44-10 hearing by personal service on the party has been unsuccessful
44-11 despite diligent efforts to serve process at the latest address on
44-12 file with the clerk and at any other address known to the moving
44-13 party at which the respondent may be served.>
44-14 <(c)> No Notice. The court may not adjudicate the party in
44-15 contempt in absentia, nor may the court grant a default judgment
44-16 against a party for any other relief sought in the absence of
44-17 service of notice of the hearing or an answer or appearance by the
44-18 party.
44-19 (c) <(d)> Duty of Law Enforcement Officials. The capias
44-20 shall be treated by law enforcement officials in the same manner as
44-21 an arrest warrant for a criminal offense, including entry in a
44-22 local police, sheriff's, or state computer record of outstanding
44-23 warrants.
44-24 (d) <(e)> Capias Fee. The fee for a capias issued under
44-25 this section is the same as the fee for issuance of a writ under
44-26 Section 51.317, Government Code. The fee for service of a capias
44-27 issued under this section is the same as the fee for service of a
45-1 writ in civil cases generally.
45-2 SECTION 39. The heading of Section 14.34, Family Code, is
45-3 amended to read as follows:
45-4 Sec. 14.34. ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
45-5 SUPPORT.
45-6 SECTION 40. Section 14.34, Family Code, is amended by adding
45-7 a new Subsection (c) and by amending existing Subsection (c) to
45-8 read as follows:
45-9 (c) Interest accrues on a money judgment for retroactive or
45-10 lump-sum child support at the rate of 12% simple interest per year
45-11 from the date the order is rendered until the judgment is paid.
45-12 (d) <(c)> Interest that accrues as provided by this section
45-13 is part of the child support obligation and may be collected by any
45-14 means provided for the collection of child support. An amount
45-15 collected in excess of current support shall be applied, first, to
45-16 interest and delinquent child support that has not been reduced to
45-17 judgment under Section 14.41 <of this code> and, second, to
45-18 interest and delinquent child support that has been reduced to
45-19 judgment under Section 14.41 <of this code>.
45-20 SECTION 41. Section 14.43(q), Family Code, is amended to
45-21 read as follows:
45-22 (q) Reduction or Termination of Withholding. In any
45-23 proceeding brought under Part D of Title IV of the federal Social
45-24 Security Act, as amended (42 U.S.C. Section 651 et seq.), the
45-25 attorney general shall establish procedures for the reduction in or
45-26 termination of withholding from income on the liquidation of an
45-27 arrearage or the termination of the obligation of support. The
46-1 procedures must provide that the payment of overdue support may not
46-2 be used as the sole basis for terminating withholding. If a court
46-3 has rendered an order which reduces the amount of child support to
46-4 be withheld <under this section> or terminates withholding for
46-5 child support, any person or governmental entity may deliver to the
46-6 employer a certified copy of the order without the requirement that
46-7 the clerk of the court deliver the order. If an obligor and
46-8 obligee agree on a reduction or termination of child support, they
46-9 may file a notarized request with the clerk of the court under
46-10 Section 14.46. The provisions of <Subsection (l) of> this section
46-11 regarding the liability of an employer for withholding apply to an
46-12 order or writ which reduces or terminates withholding.
46-13 SECTION 42. Section 14.44(a), Family Code, is amended to
46-14 read as follows:
46-15 (a) Notice of Delinquency. A notice of delinquency
46-16 <proceeding> may be filed <initiated under this section> if a
46-17 delinquency allegedly occurs in <any previously ordered> child
46-18 support payments in an amount equal to or greater than the total
46-19 support due for one month or <if> income withholding was not
46-20 ordered at the time <periodic payments of> child support was <were>
46-21 ordered. The attorney general shall in any proceeding brought
46-22 under Part D of Title IV of the federal Social Security Act (42
46-23 U.S.C. Section 651 et seq.), initiate a proceeding under this
46-24 section on request of the obligor or obligee. The attorney
46-25 general, the attorney representing the local domestic relations
46-26 office, the attorney appointed a friend of the court under Section
46-27 14.91 of this code, or the obligee or a private attorney
47-1 representing the obligee <custodial parent> may prepare and file
47-2 with the court of continuing jurisdiction a verified notice of
47-3 delinquency and deliver notice of delinquency to the obligor by
47-4 hand delivery by a person designated by the attorney general or
47-5 local domestic relations office or by first class or certified
47-6 mail, return receipt requested, addressed to his last known address
47-7 or place of employment. Upon mailing or hand delivery of the
47-8 notice, the attorney who filed the notice of delinquency shall file
47-9 with the court a certificate stating the name, address, and date on
47-10 which the mailing or hand delivery was made. In the event that the
47-11 notice of delinquency cannot be delivered in the manner described,
47-12 the obligor may be served by the means prescribed for service of
47-13 citation in civil cases generally. Payment of overdue support
47-14 after the receipt of a notice of delinquency may <shall> not be the
47-15 sole basis for failure to issue and deliver a writ of withholding.
47-16 SECTION 43. Subchapter B, Chapter 14, Family Code, is
47-17 amended by adding Section 14.46 to read as follows:
47-18 Sec. 14.46. VOLUNTARY WITHHOLDING BY OBLIGOR; VOLUNTARY
47-19 REDUCTION OR TERMINATION OF WITHHOLDING. (a) An obligor may file
47-20 with the clerk of the court a notarized request signed by the
47-21 obligor and the obligee for the issuance and delivery to the
47-22 obligor's employer of a writ of withholding. A request may be
47-23 filed under this subsection regardless of whether a notice of
47-24 delinquency has been served on any party or of the existence or
47-25 amount of an arrearage.
47-26 (b) An obligee or an agency providing child support services
47-27 may file with the clerk of the court a notarized request signed by
48-1 the obligee or agency, as appropriate, and by the obligor for the
48-2 issuance and delivery to the obligor of a modified writ of
48-3 withholding that reduces the amount of withholding or a notice of
48-4 termination of withholding.
48-5 (c) On receipt of a request under Subsection (a) or (b), the
48-6 clerk shall issue and deliver a writ of withholding, modified writ
48-7 of withholding, or notice of termination of withholding in the
48-8 manner provided by Section 14.45. The clerk may charge:
48-9 (1) a fee for filing the request in the amount
48-10 provided for filing a notice of delinquency; and
48-11 (2) a fee for issuing the writ or notice under Section
48-12 14.45.
48-13 (d) An employer that receives a writ of withholding issued
48-14 under this section may request a hearing in the same manner and
48-15 according to the same terms provided by Section 14.43(j).
48-16 (e) An obligor whose employer receives a writ of withholding
48-17 issued under this section may request a hearing in the manner
48-18 provided by Section 14.44(e).
48-19 (f) An obligee may contest a writ of withholding, modified
48-20 writ of withholding, or notice of termination issued under this
48-21 section by requesting, not later than the 180th day after the date
48-22 on which the obligee discovers that the writ or notice has been
48-23 issued, a hearing in the manner provided by Section 14.44(e).
48-24 (g) A writ of withholding under this section may not reduce
48-25 the total amount of child support, including arrearages, owed by
48-26 the obligor.
48-27 SECTION 44. Section 14.50, Family Code, is amended by adding
49-1 Subsection (f) to read as follows:
49-2 (f) Additional Periods of Possession or Access. A court may
49-3 order additional periods of possession of or access to a child to
49-4 compensate for the denial of court-ordered possession or access.
49-5 SECTION 45. Subchapter B, Chapter 14, Family Code, is
49-6 amended by adding Section 14.501 to read as follows:
49-7 Sec. 14.501. SERVICES RELATING TO ENFORCEMENT OF ORDER FOR
49-8 POSSESSION OF OR ACCESS TO A CHILD. (a) A court may refer a party
49-9 seeking enforcement of a court order relating to possession of or
49-10 access to a child to a:
49-11 (1) local domestic relations office; or
49-12 (2) friend of the court, appointed under Section
49-13 14.91.
49-14 (b) A local domestic relations office or friend of the court
49-15 receiving a referral from the court under Subsection (a) shall
49-16 provide services to enforce the court order relating to possession
49-17 of or access to the child that are within the entity's authority.
49-18 (c) If a local domestic relations office or friend of the
49-19 court is not available or is unable to provide services described
49-20 by Subsection (b), a court may appoint an attorney to provide those
49-21 services.
49-22 (d) The court may refuse to consider a request for services
49-23 under this section unless the requesting party files an affidavit
49-24 containing facts that allege a violation of the order relating to
49-25 possession or access. If the services of a court-appointed
49-26 attorney are requested, the court may refuse to consider the
49-27 request unless the affidavit shows facts that allege at least three
50-1 separate violations of the order or a similar order.
50-2 (e) An attorney appointed by the court under this section
50-3 may not charge a fee for representing the party. If the court
50-4 determines that the attorney is entitled to attorney's fees, the
50-5 court may order that the fees be paid:
50-6 (1) from the general fund of the county in which the
50-7 court is located in the same manner and according to the same fee
50-8 schedule that applies to an attorney appointed to represent a child
50-9 under Title 3; or
50-10 (2) by a party the court finds to have violated the
50-11 order.
50-12 SECTION 46. Section 14.52, Family Code, is amended to read
50-13 as follows:
50-14 Sec. 14.52. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
50-15 OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS. (a) A child support
50-16 obligor who is <30 or> more than 30 days delinquent in paying child
50-17 support and a business entity in which the obligor is a sole
50-18 proprietor, partner, shareholder, or owner with an ownership
50-19 interest of at least 25 percent is not eligible to:
50-20 (1) receive payments from state funds under <submit a
50-21 bid or enter into> a contract to provide property, materials, or
50-22 services <under a contract with the state>; or
50-23 (2) receive a state-funded grant or loan.
50-24 (b) <A sole proprietorship, partnership, corporation, or
50-25 other entity in which a sole proprietor, partner, majority
50-26 shareholder, or substantial owner is a delinquent obligor who is
50-27 ineligible to bid on a state contract under Subsection (a)(1) of
51-1 this section may not bid on a state contract as provided by this
51-2 section.>
51-3 <(c)> A child support obligor or business entity ineligible
51-4 to receive payments under Subsection (a) remains ineligible <to
51-5 submit a bid on or enter into a state contract or apply for a
51-6 state-funded grant or loan under Subsection (a) of this section>
51-7 until:
51-8 (1) all arrearages have been paid; or
51-9 (2) the obligor is in compliance with a written
51-10 repayment agreement or court order as to any existing delinquency.
51-11 (c) A bid or an application for a contract, grant, or loan
51-12 paid from state funds must include the name and social security
51-13 number of the individual or sole proprietor and each partner,
51-14 shareholder, or owner with an ownership interest of at least 25
51-15 percent of the business entity submitting the bid or application.
51-16 (d) An application for a state vendor identification number
51-17 must contain the name and social security number of the individual
51-18 or sole proprietor and each partner, shareholder, or owner with an
51-19 ownership interest of at least 25 percent of the business entity
51-20 submitting the application. A holder of a state vendor
51-21 identification number shall provide the name and social security
51-22 number of the individual or sole proprietor and each partner,
51-23 shareholder, or owner with an ownership interest of at least 25
51-24 percent of the business entity holding the vendor identification
51-25 number annually before the 10th day of September or at other times
51-26 required by rules adopted by the attorney general.
51-27 (e) A contract, bid, or application subject to the
52-1 requirements of this section must include the following statement:
52-2 "Under Section 14.52, Family Code, the vendor or applicant
52-3 certifies that the individual or business entity named in this
52-4 contract, bid, or application is not ineligible to receive the
52-5 specified grant, loan, or payment and acknowledges that this
52-6 contract may be terminated and payment may be withheld if this
52-7 certification is inaccurate."
52-8 (f) If the certificate required under Subsection (e) is
52-9 shown to be false, the vendor is liable to the state for attorney's
52-10 fees, the costs necessary to complete the contract, including the
52-11 cost of advertising and awarding a second contract, and any other
52-12 damages provided by law or contract.
52-13 (g) If a state agency determines that an individual or
52-14 business entity holding a state contract is ineligible to receive
52-15 payment under Subsection (a), the contract may be terminated.
52-16 (h) This section does not apply to a contract between
52-17 governmental entities.
52-18 <(d) Each bidder for a state contract or applicant for a
52-19 state-funded loan or grant under Subsection (a) of this section
52-20 shall submit a signed, sworn statement accompanying any bid or
52-21 application for a grant or loan affirming that the bidder or
52-22 applicant is not 30 or more days delinquent in providing child
52-23 support under a court order or a written repayment agreement.>
52-24 (i) <(e)> The attorney general <and the General Services
52-25 Commission> may adopt rules or prescribe forms to implement any
52-26 provision of this section.
52-27 SECTION 47. Chapter 14, Family Code, is amended by adding
53-1 Subchapter C to read as follows:
53-2 SUBCHAPTER C. SUSPENSION OF LICENSE FOR FAILURE
53-3 TO PAY CHILD SUPPORT
53-4 Sec. 14.601. DEFINITIONS. In this subchapter:
53-5 (1) "Child support agency" means:
53-6 (A) the Title IV-D agency;
53-7 (B) a county or district attorney or other
53-8 county officer or agency that executes a cooperative agreement with
53-9 the Title IV-D agency to provide child support services under Part
53-10 D of Title IV of the federal Social Security Act (42 U.S.C. Section
53-11 651 et seq.), and Chapter 76, Human Resources Code; or
53-12 (C) a domestic relations office.
53-13 (2) "License" means a license, certificate,
53-14 registration, permit, or other authorization, issued by a licensing
53-15 authority and required by law or state agency rule, that a person
53-16 must obtain to:
53-17 (A) practice or engage in a particular business,
53-18 occupation, or profession; or
53-19 (B) operate a motor vehicle.
53-20 (3) "Licensing authority" means a department,
53-21 commission, board, office, or other agency of the state or a
53-22 political subdivision of the state that:
53-23 (A) issues a license; and
53-24 (B) has the authority to suspend, revoke,
53-25 forfeit, or terminate a license before its date of expiration.
53-26 (4) "Order suspending license" means an order issued
53-27 by the Title IV-D agency or a court directing a licensing authority
54-1 to suspend a license.
54-2 (5) "Title IV-D agency" means the state agency
54-3 designated under Chapter 76, Human Resources Code, to provide
54-4 services under the federal Social Security Act (42 U.S.C. Section
54-5 651 et seq.).
54-6 (6) "Title IV-D case" means an action to establish or
54-7 enforce a child support obligation filed in a court, administrative
54-8 agency, or quasi-judicial entity of this or another state brought
54-9 under the federal Social Security Act (42 U.S.C. Section 651 et
54-10 seq.).
54-11 Sec. 14.602. LICENSING AUTHORITIES SUBJECT TO SUBCHAPTER.
54-12 The following state agencies are licensing authorities subject to
54-13 this subchapter:
54-14 (1) Department of Agriculture;
54-15 (2) Texas Commission on Alcohol and Drug Abuse;
54-16 (3) Texas Alcoholic Beverage Commission;
54-17 (4) Texas Appraiser Licensing and Certification Board;
54-18 (5) Texas Board of Architectural Examiners;
54-19 (6) State Board of Barber Examiners;
54-20 (7) Texas Board of Chiropractic Examiners;
54-21 (8) Comptroller of Public Accounts;
54-22 (9) Texas Cosmetology Commission;
54-23 (10) Court Reporters Certification Board;
54-24 (11) State Board of Dental Examiners, if the 74th
54-25 Legislature, at its regular session, enacts legislation that
54-26 becomes law authorizing a state agency to regulate the practice of
54-27 dentistry;
55-1 (12) Texas State Board of Examiners of Dietitians;
55-2 (13) Texas Funeral Service Commission;
55-3 (14) Texas Department of Health;
55-4 (15) Texas Board of Professional Land Surveying;
55-5 (16) Texas Department of Licensing and Regulation;
55-6 (17) Texas State Board of Examiners of Marriage and
55-7 Family Therapists;
55-8 (18) Texas State Board of Medical Examiners;
55-9 (19) Midwifery Board;
55-10 (20) Texas Natural Resource Conservation Commission;
55-11 (21) Board of Nurse Examiners;
55-12 (22) Texas Board of Nursing Facility Administrators;
55-13 (23) Texas Board of Occupational Therapy Examiners;
55-14 (24) Texas Optometry Board;
55-15 (25) Parks and Wildlife Department;
55-16 (26) Texas State Board of Examiners of Perfusionists;
55-17 (27) Texas State Board of Pharmacy;
55-18 (28) Texas Board of Physical Therapy Examiners;
55-19 (29) Texas State Board of Plumbing Examiners;
55-20 (30) Texas State Board of Podiatry Examiners;
55-21 (31) Polygraph Examiners Board;
55-22 (32) Texas Board of Private Investigators and Private
55-23 Security Agencies;
55-24 (33) Texas State Board of Examiners of Professional
55-25 Counselors;
55-26 (34) State Board of Registration for Professional
55-27 Engineers;
56-1 (35) Department of Protective and Regulatory Services;
56-2 (36) Texas State Board of Examiners of Psychologists;
56-3 (37) Texas State Board of Public Accountancy;
56-4 (38) Department of Public Safety of the State of
56-5 Texas;
56-6 (39) Public Utility Commission of Texas;
56-7 (40) Railroad Commission of Texas;
56-8 (41) Texas Real Estate Commission;
56-9 (42) State Securities Board;
56-10 (43) Texas State Board of Social Worker Examiners;
56-11 (44) State Board of Examiners for Speech-Language
56-12 Pathology and Audiology;
56-13 (45) Texas Structural Pest Control Board;
56-14 (46) Board of Tax Professional Examiners;
56-15 (47) Secretary of State;
56-16 (48) Supreme Court;
56-17 (49) Texas Transportation Commission;
56-18 (50) State Board of Veterinary Medical Examiners;
56-19 (51) Board of Vocational Nurse Examiners; and
56-20 (52) Texas Ethics Commission.
56-21 Sec. 14.603. SUSPENSION OF LICENSE. A court or
56-22 administrative agency shall issue an order suspending a license as
56-23 provided by this subchapter for an obligor who:
56-24 (1) is shown to have for not less than 90 days an
56-25 arrearage under a child support order in excess of the support
56-26 required to be paid; and
56-27 (2) is not in compliance with a repayment schedule.
57-1 Sec. 14.604. PETITION FOR SUSPENSION OF LICENSE. (a) A
57-2 child support agency or obligee may file a petition to suspend a
57-3 license in the court of continuing jurisdiction or the court in
57-4 which a child support order has been registered under Chapter 21.
57-5 (b) In a Title IV-D case, the petition shall be filed with
57-6 the Title IV-D agency.
57-7 (c) The proceedings under this subchapter are governed by
57-8 the contested case provisions under Chapter 2001, Government Code.
57-9 Sec. 14.605. CONTENTS OF PETITION. (a) A petition under
57-10 this subchapter must allege:
57-11 (1) the name and, if known, social security number of
57-12 the obligor;
57-13 (2) the type of license the obligor is believed to
57-14 hold and the name of the licensing authority; and
57-15 (3) the amount owed under the child support order, the
57-16 amount of support paid, and the amount of arrearages.
57-17 (b) A petition under this subchapter may include as an
57-18 attachment a copy of the record of child support payments
57-19 maintained by the Title IV-D registry or local registry.
57-20 Sec. 14.606. NOTICE. (a) On the filing of a petition under
57-21 Section 14.603, the court or Title IV-D agency shall issue to the
57-22 obligor:
57-23 (1) notice of the obligor's right to a hearing before
57-24 the court or agency;
57-25 (2) notice of the deadline for requesting a hearing;
57-26 and
57-27 (3) a hearing request form if the proceeding is in a
58-1 Title IV-D case.
58-2 (b) Notice under this section may be served as in civil
58-3 cases generally.
58-4 (c) The notice must state that an order suspending license
58-5 shall be rendered on the 60th day after the date of service of the
58-6 notice unless by that date:
58-7 (1) the court or Title IV-D agency receives proof that
58-8 all arrearages and the current month's child support obligation
58-9 have been paid;
58-10 (2) the child support agency or obligee files a
58-11 certification that the obligor is in compliance with a reasonable
58-12 repayment schedule; or
58-13 (3) the obligor appears at a hearing before the court
58-14 or Title IV-D agency and shows that the request for suspension
58-15 should be denied or stayed.
58-16 Sec. 14.607. HEARING ON PETITION TO SUSPEND LICENSE. (a) A
58-17 request for a hearing and motion to stay suspension must be filed
58-18 with the court or Title IV-D agency by the obligor not later than
58-19 the 20th day after the date of service of the notice under Section
58-20 14.606.
58-21 (b) If a request for a hearing is filed, the court or Title
58-22 IV-D agency shall:
58-23 (1) promptly schedule a hearing;
58-24 (2) notify each party of the date, time, and location
58-25 of the hearing; and
58-26 (3) stay suspension pending the hearing.
58-27 (c) A record of child support payments made by the Title
59-1 IV-D agency or a local registry is evidence of whether the payments
59-2 were made. A copy of the record appearing regular on its face
59-3 shall be admitted as evidence at a hearing under this subchapter,
59-4 including a hearing on a motion to revoke a stay. Either party may
59-5 offer controverting evidence.
59-6 Sec. 14.608. ORDER SUSPENDING LICENSE. (a) The court or
59-7 Title IV-D agency shall render a final order suspending license
59-8 unless the court or agency finds that:
59-9 (1) all arrearages and the current month's child
59-10 support have been paid;
59-11 (2) the obligor did not, at the time the petition was
59-12 served, have an arrearage in excess of the amount of child support
59-13 payable under a child support order for 90 days or more; or
59-14 (3) the obligor, at the time the petition was filed,
59-15 was in compliance with a repayment schedule.
59-16 (b) If the obligor has entered into a reasonable repayment
59-17 plan, the court or Title IV-D agency may render an order suspending
59-18 license with a stay of the suspension conditioned on the obligor's
59-19 compliance. An order suspending license with a stay of suspension
59-20 may not be served on the licensing authority while the obligor is
59-21 in compliance with the repayment plan.
59-22 (c) A final order suspending license rendered by a court or
59-23 the Title IV-D agency shall be forwarded to the appropriate
59-24 licensing authority.
59-25 (d) If the court or Title IV-D agency renders an order
59-26 suspending license, the obligor may also be ordered not to engage
59-27 in the licensed activity.
60-1 (e) If the court or Title IV-D agency finds that the
60-2 petition for suspension should be denied, the petition shall be
60-3 dismissed without prejudice, and an order suspending license may
60-4 not be rendered.
60-5 Sec. 14.609. DEFAULT ORDER. The court or Title IV-D agency
60-6 shall consider the allegations of the petition for suspension to be
60-7 admitted and shall render an order suspending license if the
60-8 obligor fails to:
60-9 (1) respond to a notice issued under Section 14.606;
60-10 (2) request a hearing; or
60-11 (3) appear at a hearing.
60-12 Sec. 14.610. REVIEW OF FINAL ADMINISTRATIVE ORDER. An order
60-13 issued by a Title IV-D agency under this subchapter is a final
60-14 agency decision and is subject to review under the substantial
60-15 evidence rule as provided by Chapter 2001, Government Code.
60-16 Sec. 14.611. ACTION BY LICENSING AUTHORITY. (a) On receipt
60-17 of a final order suspending license, the licensing authority shall
60-18 immediately determine if the authority has issued a license to the
60-19 obligor named on the order and, if a license has been issued:
60-20 (1) record the suspension of the license in the
60-21 licensing authority's records;
60-22 (2) report the suspension as appropriate; and
60-23 (3) demand surrender of the suspended license if
60-24 required by law for other cases in which a license is suspended.
60-25 (b) A licensing authority shall implement the terms of a
60-26 final order suspending license without additional review or
60-27 hearing. The authority may provide notice as appropriate to the
61-1 license holder or to others concerned with the license.
61-2 (c) A licensing authority may not modify, remand, reverse,
61-3 vacate, or stay an order suspending license issued under this
61-4 subchapter and may not review, vacate, or reconsider the terms of a
61-5 final order suspending license.
61-6 (d) An obligor who is the subject of a final order
61-7 suspending license is not entitled to a refund for any fee or
61-8 deposit paid to the licensing authority.
61-9 (e) An obligor who continues to engage in the business,
61-10 occupation, profession, or other licensed activity after the
61-11 implementation of the order suspending license by the licensing
61-12 authority is liable for the same civil and criminal penalties
61-13 provided for engaging in the licensed activity without a license or
61-14 while a license is suspended.
61-15 (f) A licensing authority is exempt from liability to a
61-16 license holder for any act authorized under this subchapter
61-17 performed by the authority.
61-18 (g) Except as provided by this subchapter, an order
61-19 suspending license or dismissing a petition for the suspension of a
61-20 license does not affect the power of a licensing authority to
61-21 grant, deny, suspend, revoke, terminate, or renew a license.
61-22 (h) The denial or suspension of a driver's license under
61-23 this subchapter is governed by this subchapter and not by the
61-24 general licensing provisions of Chapter 173, Acts of the 47th
61-25 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
61-26 Civil Statutes).
61-27 Sec. 14.612. MOTION TO REVOKE STAY. (a) The obligee,
62-1 support enforcement agency, court, or Title IV-D agency may file a
62-2 motion to revoke the stay of an order suspending license if the
62-3 obligor does not comply with the terms of a reasonable repayment
62-4 plan entered into by the obligor.
62-5 (b) Notice to the obligor of a motion to revoke stay under
62-6 this section may be given by personal service or by mail to the
62-7 address provided by the obligor, if any, in the order suspending
62-8 license. The notice must include a notice of hearing. The notice
62-9 must be provided to the obligor not less than 10 days before the
62-10 date of the hearing.
62-11 (c) A motion to revoke stay must allege the manner in which
62-12 the obligor failed to comply with the repayment plan.
62-13 (d) If the court or Title IV-D agency finds that the obligor
62-14 is not in compliance with the terms of the repayment plan, the
62-15 court or agency shall revoke the stay of the order suspending
62-16 license and render a final order suspending license.
62-17 Sec. 14.613. VACATING OR STAYING ORDER SUSPENDING LICENSE.
62-18 (a) The court or Title IV-D agency may render an order vacating or
62-19 staying an order suspending license if the obligor has paid all
62-20 delinquent child support or has established a satisfactory payment
62-21 record.
62-22 (b) The court or Title IV-D agency shall promptly deliver an
62-23 order vacating or staying an order suspending license to the
62-24 appropriate licensing authority.
62-25 (c) On receipt of an order vacating or staying an order
62-26 suspending license, the licensing authority shall promptly issue
62-27 the affected license to the obligor if the obligor is otherwise
63-1 qualified for the license.
63-2 (d) An order rendered under this section does not affect the
63-3 right of the child support agency or obligee to any other remedy
63-4 provided by law, including the right to seek relief under this
63-5 subchapter. An order rendered under this section does not affect
63-6 the power of a licensing authority to grant, deny, suspend, revoke,
63-7 terminate, or renew a license as otherwise provided by law.
63-8 Sec. 14.614. FEE BY LICENSING AUTHORITY. A licensing
63-9 authority may charge a fee to an obligor who is the subject of an
63-10 order suspending license in an amount sufficient to recover the
63-11 administrative costs incurred by the authority under this
63-12 subchapter.
63-13 Sec. 14.615. COOPERATION BETWEEN LICENSING AUTHORITIES AND
63-14 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
63-15 each licensing authority the name, address, social security number,
63-16 license renewal date, and other identifying information for each
63-17 individual who holds, applies for, or renews a license issued by
63-18 the authority.
63-19 (b) A licensing authority shall provide the requested
63-20 information in the manner agreed to by the Title IV-D agency and
63-21 the licensing authority.
63-22 (c) The Title IV-D agency may enter into a cooperative
63-23 agreement with a licensing authority to administer this subchapter
63-24 in a cost-effective manner.
63-25 (d) The Title IV-D agency may adopt a reasonable
63-26 implementation schedule for the requirements of this section.
63-27 Sec. 14.616. RULES, FORMS, AND PROCEDURES. The Title IV-D
64-1 agency by rule shall prescribe forms and procedures for the
64-2 implementation of this subchapter.
64-3 SECTION 48. Section 14.972(c), Family Code, is amended to
64-4 read as follows:
64-5 (c) The lien attaches to all personal property not exempt
64-6 under provisions of the Texas Constitution, including all claims
64-7 for negligence, personal injury, or workers' compensation,
64-8 <including> an insurance award for any of those claims, and a motor
64-9 vehicle, owned by the obligor on or after the date on which the
64-10 lien attaches.
64-11 SECTION 49. Section 15.02(a), Family Code, is amended to
64-12 read as follows:
64-13 (a) Except as provided by Subsection (b) of this section, a
64-14 petition requesting termination of the parent-child relationship
64-15 with respect to a parent who is not the petitioner may be granted
64-16 if the court finds that:
64-17 (1) the parent has:
64-18 (A) voluntarily left the child alone or in the
64-19 possession of another not the parent and expressed an intent not to
64-20 return; <or>
64-21 (B) voluntarily left the child alone or in the
64-22 possession of another not the parent without expressing an intent
64-23 to return, without providing for the adequate support of the child,
64-24 and remained away for a period of at least three months; <or>
64-25 (C) voluntarily left the child alone or in the
64-26 possession of another without providing adequate support of the
64-27 child and remained away for a period of at least six months; <or>
65-1 (D) knowingly placed or knowingly allowed the
65-2 child to remain in conditions or surroundings which endanger the
65-3 physical or emotional well-being of the child; <or>
65-4 (E) engaged in conduct or knowingly placed the
65-5 child with persons who engaged in conduct which endangers the
65-6 physical or emotional well-being of the child; <or>
65-7 (F) failed to support the child in accordance
65-8 with his ability during a period of one year ending within six
65-9 months of the date of the filing of the petition; <or>
65-10 (G) abandoned the child without identifying the
65-11 child or furnishing means of identification, and the child's
65-12 identity cannot be ascertained by the exercise of reasonable
65-13 diligence; <or>
65-14 (H) voluntarily, and with knowledge of the
65-15 pregnancy, abandoned the mother of the child beginning at a time
65-16 during her pregnancy with the child and continuing through the
65-17 birth, failed to provide adequate support or medical care for the
65-18 mother during the period of abandonment before the birth of the
65-19 child, and remained apart from the child or failed to support the
65-20 child since the birth; <or>
65-21 (I) contumaciously refused to submit to a
65-22 reasonable and lawful order of a court under Section 34.05 of this
65-23 code; <or>
65-24 (J) been the major cause of:
65-25 (i) the failure of the child to be
65-26 enrolled in school as required by the Texas Education Code; or
65-27 (ii) the child's absence from his home
66-1 without the consent of his parents or guardian for a substantial
66-2 length of time or without the intent to return; <or>
66-3 (K) executed before or after the suit is filed
66-4 an unrevoked or irrevocable affidavit of relinquishment of parental
66-5 rights as provided by Section 15.03 of this code; <or>
66-6 (L) been adjudicated to be criminally
66-7 responsible for the death or serious injury of a child; <another of
66-8 his or her children; or>
66-9 (M) had his or her parent-child relationship
66-10 terminated with respect to another child based on a finding that
66-11 the parent's conduct was in violation of Paragraph (D) or (E) of
66-12 this subdivision;
66-13 (N) during pregnancy with the child or while
66-14 nursing the child, used a controlled substance as defined by
66-15 Chapter 481, Health and Safety Code, in a manner or to an extent
66-16 that endangered the health or safety of the child; or
66-17 (O) repeatedly used a controlled substance, as
66-18 defined by Chapter 481, Health and Safety Code, in a manner or to
66-19 an extent that endangered the health or safety of the child, and:
66-20 (i) failed to complete a court-ordered
66-21 substance abuse treatment program; or
66-22 (ii) repeatedly used a controlled
66-23 substance after completion of a court-ordered substance abuse
66-24 treatment program; and <in addition, the court further finds that>
66-25 (2) termination is in the best interest of the child.
66-26 SECTION 50. Section 15.024(a), Family Code, is amended to
66-27 read as follows:
67-1 (a) A petition by the <Texas> Department of Protective and
67-2 Regulatory <Human> Services requesting termination of the
67-3 parent-child relationship with respect to a parent who is not the
67-4 petitioner may be granted if the court finds that:
67-5 (1) the parent has a mental or emotional illness or a
67-6 mental deficiency that renders the parent unable to provide for the
67-7 physical, emotional, and mental needs of the child, and the illness
67-8 or deficiency, in all reasonable probability, proved by clear and
67-9 convincing evidence, renders the parent unable to provide for those
67-10 needs from the time of the court's finding until the 18th birthday
67-11 of the child;
67-12 (2) the department has been the temporary or permanent
67-13 managing conservator of the child of the parent for the six months
67-14 preceding the filing of the petition; and
67-15 (3) the termination is in the best interest of the
67-16 child.
67-17 SECTION 51. Section 16.031, Family Code, is amended to read
67-18 as follows:
67-19 Sec. 16.031. SOCIAL STUDY: TIME FOR HEARING. (a) In a
67-20 suit affecting the parent-child relationship in which an adoption
67-21 is sought, the court shall order the making of a social study as
67-22 provided in Section 11.12 of this code and shall set a date for its
67-23 filing. The court may waive the requirement of a social study
67-24 under this subsection if a petitioner is the spouse of the child's
67-25 parent.
67-26 (b) The court shall set the date for the hearing on the
67-27 adoption at a time not later than 60 days, nor earlier than 40
68-1 days, after the date on which the investigator is appointed. For
68-2 good cause shown, the court may set the hearing for <at> any date
68-3 after the date <time that provides adequate time for filing> the
68-4 report is filed <of the study>.
68-5 SECTION 52. Section 16.05(d), Family Code, is amended to
68-6 read as follows:
68-7 (d) The court may waive the requirement of consent to the
68-8 adoption by the managing conservator if it finds that the consent
68-9 is being refused, or has been revoked, without good cause. The
68-10 court shall hold a hearing on the issue of waiver of consent under
68-11 this subsection without a jury.
68-12 SECTION 53. Section 16.081, Family Code, is amended to read
68-13 as follows:
68-14 Sec. 16.081. Race or Ethnicity. (a) In determining the
68-15 best interest of the child under Section 16.08 of this code, the
68-16 court may not deny or delay the adoption or otherwise discriminate
68-17 on the basis of race or ethnicity of the child or the prospective
68-18 adoptive parents.
68-19 (b) This section does not apply to a person, entity, tribe,
68-20 organization, or child custody proceeding subject to the Indian
68-21 Child Welfare Act (25 U.S.C. Sections 1901-1963). In this
68-22 subsection, "child custody proceeding" has the meaning provided by
68-23 25 U.S.C. Section 1903.
68-24 SECTION 54. Section 16.09(d), Family Code, is amended to
68-25 read as follows:
68-26 (d) An adopted child is entitled to inherit from and through
68-27 the child's adoptive parents as though the child were the
69-1 biological <natural> child of the parents.
69-2 SECTION 55. Section 16.10, Family Code, is amended to read
69-3 as follows:
69-4 Sec. 16.10. WITHDRAWAL OR DENIAL OF PETITION. If the
69-5 petition to adopt is withdrawn or the court denies the adoption <In
69-6 a suit in which the petition is withdrawn or denied>, the court may
69-7 order the removal of the child from the proposed adoptive home if
69-8 removal is in the child's best interest, and may enter any order
69-9 which is necessary for the welfare of the child.
69-10 SECTION 56. Section 16.11, Family Code, is amended to read
69-11 as follows:
69-12 Sec. 16.11. ABATEMENT. (a) If <In the event of the death
69-13 of> the <petitioner or> petitioners file for a<, or the> divorce
69-14 <of the petitioners>, the proceeding abates and the petition for
69-15 adoption shall be dismissed, unless the petition is amended to
69-16 request adoption by one of the original petitioners.
69-17 (b) If each petitioner <one of two petitioners> dies, the
69-18 proceeding abates and the petition for adoption shall be dismissed.
69-19 If one of two petitioners dies, the proceeding continues
69-20 uninterrupted.
69-21 SECTION 57. Section 16.55, Family Code, is amended to read
69-22 as follows:
69-23 Sec. 16.55. EFFECT OF ADOPTION DECREE. On entry of the
69-24 decree of adoption, the adopted adult is the son or daughter of the
69-25 adoptive parents for all purposes, and of the biological <natural>
69-26 parents for inheritance purposes only. However, the biological
69-27 <natural> parents may not inherit from or through the adopted
70-1 adult.
70-2 SECTION 58. Section 18.02, Family Code, is amended to read
70-3 as follows:
70-4 Sec. 18.02. REVIEW OF PLACEMENTS BY COURT OF CONTINUING
70-5 JURISDICTION. (a) In a suit affecting the parent-child
70-6 relationship in which the department or any authorized agency has
70-7 been named by the court or in an affidavit of relinquishment of
70-8 parental rights as the managing conservator of a child, the court
70-9 shall hold a hearing to review the conservatorship appointment and
70-10 the department's or authorized agency's placement of the child in
70-11 substitute <foster home> care outside of the child's home<, group
70-12 home care, or institutional care>.
70-13 (b) If a child is placed in institutional care, the court
70-14 shall review whether efforts have been made to ensure placement of
70-15 the child in the least restrictive environment consistent with the
70-16 best interests and special needs of the child.
70-17 SECTION 59. Section 33.01, Family Code, is amended to read
70-18 as follows:
70-19 Sec. 33.01. Liability. A parent or managing conservator
70-20 with whom the child resides <other person> who has the duty of
70-21 control and reasonable discipline of a child who has not had the
70-22 child's disabilities of minority for general purposes removed is
70-23 liable for any property damage or medical costs resulting from a
70-24 personal injury, death, or other harm proximately caused by:
70-25 (1) the negligent conduct of the child if the conduct
70-26 is reasonably attributable to the negligent failure of the parent
70-27 or other person to exercise that duty; or
71-1 (2) the wilful and malicious conduct of a child who is
71-2 at least 12 years of age but under 18 years of age.
71-3 SECTION 60. Section 34.01, Family Code, is amended to read
71-4 as follows:
71-5 Sec. 34.01. PERSONS REQUIRED TO REPORT. (a) A person
71-6 having cause to believe that a child's physical or mental health or
71-7 welfare has been or may be adversely affected by abuse or neglect
71-8 by any person shall report in accordance with Section 34.02 of this
71-9 code.
71-10 (b) A licensed doctor, nurse, or emergency medical
71-11 technician is required under this section to report in accordance
71-12 with Section 34.02 the person's belief that a pregnant woman during
71-13 the pregnancy is using a controlled substance as defined by Chapter
71-14 481, Health and Safety Code, in a manner or to an extent that if
71-15 the use continues is likely to result in physical or mental injury
71-16 or impairment to the woman's child.
71-17 SECTION 61. Section 34.012(1), Family Code, is amended to
71-18 read as follows:
71-19 (1) "Abuse" includes the following acts or omissions
71-20 by any person:
71-21 (A) mental or emotional injury to a child that
71-22 results in an observable and material impairment in the child's
71-23 growth, development, or psychological functioning;
71-24 (B) causing or permitting the child to be in a
71-25 situation in which the child sustains a mental or emotional injury
71-26 that results in an observable and material impairment in the
71-27 child's growth, development, or psychological functioning;
72-1 (C) physical injury that results in substantial
72-2 harm to the child, or the genuine threat of substantial harm from
72-3 physical injury to the child, including an injury that is at
72-4 variance with the history or explanation given and excluding an
72-5 accident or reasonable discipline by a parent, guardian, or
72-6 managing or possessory conservator that does not expose the child
72-7 to a substantial risk of harm;
72-8 (D) failure to make a reasonable effort to
72-9 prevent an action by another person that results in physical injury
72-10 that results in substantial harm to the child;
72-11 (E) sexual contact, sexual intercourse, or
72-12 sexual conduct, as those terms are defined by Section 43.01, Penal
72-13 Code, sexual penetration with a foreign object, incest, sexual
72-14 assault, or sodomy inflicted on, shown to, or intentionally
72-15 practiced in the presence of a child if the child is present only
72-16 to arouse or gratify the sexual desires of any person;
72-17 (F) failure to make a reasonable effort to
72-18 prevent sexual contact, sexual intercourse, or sexual conduct, as
72-19 those terms are defined by Section 43.01, Penal Code, sexual
72-20 penetration with a foreign object, incest, sexual assault, or
72-21 sodomy being inflicted on or shown to a child by another person, or
72-22 intentionally practiced in the presence of a child by another
72-23 person if the child is present only to arouse or gratify the sexual
72-24 desires of any person;
72-25 (G) compelling or encouraging the child to
72-26 engage in sexual conduct as defined by Section 43.01, Penal Code;
72-27 <or>
73-1 (H) causing, permitting, encouraging, engaging
73-2 in, or allowing the photographing, filming, or depicting of the
73-3 child if the person knew or should have known that the resulting
73-4 photograph, film, or depiction of the child is obscene (as defined
73-5 by the Penal Code) or pornographic;
73-6 (I) if the person is a pregnant woman, using a
73-7 controlled substance as defined by Chapter 481, Health and Safety
73-8 Code, in a manner or to an extent that is likely to result in
73-9 physical or mental injury or impairment to the woman's child; or
73-10 (J) causing, expressly permitting, or
73-11 encouraging a child unlawfully to use a controlled substance as
73-12 defined by Chapter 481, Health and Safety Code.
73-13 SECTION 62. Section 34.031, Family Code, is amended to read
73-14 as follows:
73-15 Sec. 34.031. False Report. <(a)> A person commits an
73-16 offense if the person knowingly or intentionally makes a report
73-17 under this chapter that the person knows lacks factual foundation.
73-18 An offense under this subsection is a Class B misdemeanor.
73-19 <(b) If, in connection with a pending suit affecting the
73-20 parent-child relationship, one parent of a child makes a report
73-21 alleging child abuse by the other parent that the parent making the
73-22 report knows lacks factual foundation, the report shall be deemed a
73-23 knowingly false report. Evidence of a false report shall be
73-24 admissible in any suit between the parents involving terms of
73-25 conservatorship.>
73-26 SECTION 63. Chapter 34, Family Code, is amended by adding
73-27 Subchapter E to read as follows:
74-1 SUBCHAPTER E. CHILDREN'S ADVOCACY CENTERS
74-2 Sec. 34.701. DEFINITION. In this subchapter, "center" means
74-3 a children's advocacy center.
74-4 Sec. 34.702. ESTABLISHMENT OF CHILDREN'S ADVOCACY CENTER.
74-5 (a) On the execution of a memorandum of understanding under
74-6 Section 34.703, a children's advocacy center may be established by
74-7 the participating entities.
74-8 (b) A center may be established to serve two or more
74-9 contiguous counties.
74-10 Sec. 34.703. INTERAGENCY MEMORANDUM OF UNDERSTANDING. (a)
74-11 Before a center may be established under Section 34.702, a
74-12 memorandum of understanding regarding participation in operation of
74-13 the center must be executed among:
74-14 (1) the division of the Department of Protective and
74-15 Regulatory Services responsible for child abuse investigations;
74-16 (2) representatives of county and municipal law
74-17 enforcement agencies that investigate child abuse in the area to be
74-18 served by the center;
74-19 (3) the county or district attorney who routinely
74-20 prosecutes child abuse cases in the area to be served by the
74-21 center; and
74-22 (4) a representative of any other governmental entity
74-23 that participates in child abuse investigations or offers services
74-24 to child abuse victims that desires to participate in the operation
74-25 of the center.
74-26 (b) A memorandum of understanding executed under this
74-27 section shall include the agreement of each participating entity to
75-1 cooperate in:
75-2 (1) developing a cooperative, team approach to
75-3 investigating child abuse;
75-4 (2) reducing, to the greatest extent possible, the
75-5 number of interviews required of a victim of child abuse to
75-6 minimize the negative impact of the investigation on the child; and
75-7 (3) developing, maintaining, and supporting, through
75-8 the center, an environment that emphasizes the best interests of
75-9 children and that provides investigatory and rehabilitative
75-10 services.
75-11 (c) A memorandum of understanding executed under this
75-12 section may include the agreement of one or more participating
75-13 entities to provide office space and administrative services
75-14 necessary for the center's operation.
75-15 Sec. 34.704. BOARD; ADMINISTRATION OF CENTER. (a) The
75-16 executive officer or board of each participating entity executing a
75-17 memorandum of understanding that establishes a center under this
75-18 subchapter shall appoint a member to serve on the governing board
75-19 of the center.
75-20 (b) A governing board member serves at the pleasure of the
75-21 appointing executive officer or board.
75-22 (c) Service on a center's board by a public officer or
75-23 employee is an additional duty of the office or employment.
75-24 Sec. 34.705. DUTIES. A center shall:
75-25 (1) assess victims of child abuse and their families
75-26 to determine their need for services relating to the investigation
75-27 of child abuse;
76-1 (2) provide services determined to be needed under
76-2 Subdivision (1);
76-3 (3) provide a facility at which a multidisciplinary
76-4 team appointed under Section 34.706 can meet to facilitate the
76-5 efficient and appropriate disposition of child abuse cases through
76-6 the civil and criminal justice systems; and
76-7 (4) coordinate the activities of governmental entities
76-8 relating to child abuse investigations and delivery of services to
76-9 child abuse victims and their families.
76-10 Sec. 34.706. MULTIDISCIPLINARY TEAM. (a) A center's board
76-11 shall appoint a multidisciplinary team to work within the center to
76-12 review new and pending child abuse cases for the purpose of
76-13 coordinating the activities of entities involved in investigation,
76-14 prosecution, and victim services.
76-15 (b) A multidisciplinary team may review a child abuse case
76-16 in which the alleged perpetrator does not have custodial control or
76-17 supervision of the child or is not responsible for the child's
76-18 welfare or care.
76-19 (c) A multidisciplinary team shall consist of persons who
76-20 are involved in the investigation or prosecution of child abuse
76-21 cases or the delivery of services to child abuse victims and their
76-22 families.
76-23 (d) A multidisciplinary team shall meet at the call of the
76-24 board. The board shall call a meeting of the multidisciplinary
76-25 team if:
76-26 (1) a new child abuse case is received; or
76-27 (2) a pending child abuse case requires attention.
77-1 (e) At each meeting, the multidisciplinary team shall
77-2 discuss each active case and the actions of the entities involved
77-3 in investigation, prosecution, and victim services.
77-4 Sec. 34.707. LIABILITY. (a) A person is not liable for
77-5 civil damages for a recommendation made or an opinion rendered in
77-6 good faith while acting in the official scope of the person's
77-7 duties as a member of a multidisciplinary team or as a board
77-8 member, staff member, or volunteer of a center.
77-9 (b) The limitation on civil liability of Subsection (a) does
77-10 not apply if a person's actions constitute gross negligence.
77-11 SECTION 64. Section 35.01, Family Code, is amended by
77-12 amending Subsection (a) and by adding Subsection (d) to read as
77-13 follows:
77-14 (a) Any of the following persons may consent to medical
77-15 treatment of a minor when the person having the power to consent as
77-16 otherwise provided by law cannot be contacted and actual notice to
77-17 the contrary has not been given by that person:
77-18 (1) a grandparent;
77-19 (2) an adult brother or sister;
77-20 (3) an adult aunt or uncle;
77-21 (4) an educational institution in which the minor is
77-22 enrolled that has received written authorization to consent from
77-23 the person having the power to consent as otherwise provided by
77-24 law;
77-25 (5) any adult who has care and control of the minor
77-26 and has written authorization to consent from the person having the
77-27 power to consent as otherwise provided by law;
78-1 (6) any court having jurisdiction of the child; <or>
78-2 (7) any adult responsible for the care and control of
78-3 a minor under the jurisdiction of a juvenile court or committed by
78-4 a juvenile court to the care of an agency of the state or county,
78-5 if the adult has reasonable grounds to believe the minor is in need
78-6 of immediate medical treatment; or
78-7 (8) a peace officer responsible for the care and
78-8 control of a minor, if the peace officer has reasonable grounds to
78-9 believe the minor is in need of immediate medical treatment<. The
78-10 person giving consent, a physician or dentist licensed to practice
78-11 medicine or dentistry in this state, or a hospital or medical
78-12 facility shall not be liable for the examination and treatment of a
78-13 minor under this subsection except for his or her own acts of
78-14 negligence>.
78-15 (d) A person giving consent to medical treatment under
78-16 Subsection (a), a physician or dentist licensed to practice in this
78-17 state, or a hospital or medical facility at which a minor is
78-18 treated are immune from liability for damages resulting from the
78-19 examination or treatment of a minor under this section, except to
78-20 the extent of the person's own acts of negligence.
78-21 SECTION 65. Section 35.03(a), Family Code, is amended to
78-22 read as follows:
78-23 (a) A minor may consent to the furnishing of hospital,
78-24 medical, surgical, and dental care by a licensed physician or
78-25 dentist if the minor:
78-26 (1) is on active duty with the armed services of the
78-27 United States of America;
79-1 (2) is 16 years of age or older and resides separate
79-2 and apart from his parents, managing conservator, or guardian,
79-3 whether with or without the consent of the parents, managing
79-4 conservator, or guardian and regardless of the duration of such
79-5 residence, and is managing his own financial affairs, regardless of
79-6 the source of the income;
79-7 (3) consents to the diagnosis and treatment of any
79-8 infectious, contagious or communicable disease which is required by
79-9 law or regulation adopted pursuant to law to be reported by the
79-10 licensed physician or dentist to a local health officer or the
79-11 Texas Department of Health and including all sexually transmitted
79-12 diseases;
79-13 (4) is unmarried and pregnant, and consents to
79-14 hospital, medical, or surgical treatment, other than abortion,
79-15 related to her pregnancy; <or>
79-16 (5) consents to examination and treatment for chemical
79-17 addiction, chemical dependency, or any other condition directly
79-18 related to chemical use; or
79-19 (6) is unmarried and has actual custody of the minor's
79-20 biological child and consents to hospital, medical, or surgical
79-21 treatment, other than abortion.
79-22 SECTION 66. Section 35.05, Family Code, is amended to read
79-23 as follows:
79-24 Sec. 35.05. EMERGENCY SHELTER FOR MINOR MOTHERS. (a) An
79-25 emergency shelter facility may provide shelter and care to a <minor
79-26 mother,> married or unmarried mother who is younger than 18 years
79-27 old, whose disabilities of minority have not by court order been
80-1 removed for general purposes, who is <, not emancipated by court
80-2 order, and> not accompanied by a parent, and who is the sole
80-3 financial support of her biological <natural> child or children.
80-4 (b) An emergency shelter facility may provide shelter or
80-5 care authorized under Subsection (a) only during an emergency
80-6 constituting an immediate danger to the physical health or safety
80-7 of the minor mother or her child or children. Except as provided
80-8 by Subsection (c), the <Such> shelter or care may not extend beyond
80-9 15 days unless the facility receives consent to continue services
80-10 from a parent or guardian of the minor mother or the minor mother
80-11 has qualified for Aid to Families with Dependent Children under
80-12 Chapter 31, Human Resources Code, and her name is on the waiting
80-13 list for housing assistance.
80-14 (c) A minor who is older than 16 years of age may receive
80-15 shelter or care under this section for a period that extends beyond
80-16 the 15-day period established by Subsection (b).
80-17 SECTION 67. Sections 49.005(b)-(e), Human Resources Code,
80-18 are amended to read as follows:
80-19 (b) <The clerk of the court in which an adoption is granted
80-20 shall, on or before the 10th day of the first month after the month
80-21 in which the adoption is granted, transmit to the administrator of
80-22 the central registry a report of adoption with respect to each
80-23 adoption granted on or after January 1, 1984. The report must
80-24 include the following information:>
80-25 <(1) the name of the adopted child after adoption as
80-26 shown in the final adoption decree;>
80-27 <(2) the birth date of the adopted child;>
81-1 <(3) the docket number of the adoption suit;>
81-2 <(4) the identity of the court granting the adoption;>
81-3 <(5) the date of the final adoption decree;>
81-4 <(6) the name and address of each parent, guardian,
81-5 managing conservator, or other person whose consent to adoption was
81-6 required or waived under Section 16.05, Family Code, or whose
81-7 parental rights were terminated in the adoption suit;>
81-8 <(7) the identity of the authorized agency, if any,
81-9 through which the adopted child was placed for adoption; and>
81-10 <(8) the identity, address, and telephone number of
81-11 the registry through which the adopted child may register as an
81-12 adoptee.>
81-13 <(c)> An authorized agency not required by Section 49.003(c)
81-14 <of this code> to file a report may file with the administrator of
81-15 the central registry a report of adoption with respect to any
81-16 person adopted during minority before January 1, 1984. The report
81-17 may include:
81-18 (1) the name of the adopted child as shown in the
81-19 final adoption decree;
81-20 (2) the birth date of the adopted child;
81-21 (3) the docket number of the adoption suit;
81-22 (4) the identity of the court granting the adoption;
81-23 (5) the date of the final adoption decree;
81-24 (6) the identity of the agency, if any, through which
81-25 the adopted child was placed;
81-26 (7) the identity, address, and telephone number of the
81-27 registry through which the adopted child may register as an
82-1 adoptee.
82-2 (c) <(d)> Upon inquiry by an adoptee who has provided
82-3 satisfactory proof of age and identity and paid all required
82-4 inquiry fees, the administrator of the central registry shall
82-5 review the information on file in the central index. If the index
82-6 reveals that the adoptee was not placed for adoption through an
82-7 authorized agency, the administrator of the central registry shall
82-8 issue the adoptee an official certificate stating that the adoptee
82-9 is entitled to apply for registration through the central registry.
82-10 If the index identifies an authorized agency through which the
82-11 adoptee was placed for adoption, the administrator of the central
82-12 registry shall determine the identity of the registry through which
82-13 the adoptee may register. If the administrator of the central
82-14 registry cannot determine from the index whether or not the adoptee
82-15 was placed for adoption through an authorized agency, the
82-16 administrator of the central registry shall determine the identity
82-17 of the registry with which the adoptee may register. Each
82-18 administrator shall, within 30 days after receiving an inquiry from
82-19 the administrator of the central registry, respond in writing to
82-20 the inquiry that the registrant was not placed for adoption by any
82-21 agency served by that registry or that the registrant was placed
82-22 for adoption by an agency served by that registry. If the
82-23 registrant was placed for adoption by an agency served by the
82-24 registry, the administrator shall file a report with the
82-25 administrator of the central registry including the information
82-26 described by Subdivisions (1) through (6) of Subsection (b) <(c) of
82-27 this section>. After completing his investigation, the
83-1 administrator of the central registry shall issue an official
83-2 certificate stating:
83-3 (1) the identity of the registry through which the
83-4 adoptee may apply for registration, if known; or
83-5 (2) if the administrator cannot make a conclusive
83-6 determination, that the adoptee is entitled to apply for
83-7 registration through the central registry and is entitled to apply
83-8 for registration through other registries created under this
83-9 chapter.
83-10 (d) <(e)> Upon inquiry by a birth parent who has provided
83-11 satisfactory proof of identity and age, and paid all required
83-12 inquiry fees, the administrator of the central registry shall
83-13 review the information on file in the central index and consult
83-14 with the administrators of other registries in the state in order
83-15 to determine the identity of the appropriate registry or registries
83-16 through which the birth parent may register. Each administrator
83-17 shall, within 30 days after receiving an inquiry from the
83-18 administrator of the central registry, respond in writing to the
83-19 inquiry. After completing his investigation, the administrator of
83-20 the central registry shall provide the birth parent with a written
83-21 statement either identifying the name, address, and telephone
83-22 number of each registry through which registration would be
83-23 appropriate or stating that after diligent inquiry the
83-24 administrator cannot determine the specific registry or registries
83-25 through which registration would be appropriate.
83-26 SECTION 68. The heading for Chapter 77, Human Resources
83-27 Code, is amended to read as follows:
84-1 CHAPTER 77. CHILD SUPPORT COLLECTION SERVICES <PARENT>
84-2 <LOCATOR SERVICE>
84-3 SECTION 69. Chapter 77, Human Resources Code, is amended by
84-4 adding Section 77.002 to read as follows:
84-5 Sec. 77.002. INFORMATION RELATING TO LICENSES, GRANTS,
84-6 LOANS, PERMITS, OR STATE CONTRACTS. (a) To assist in the
84-7 administration of laws relating to child support enforcement under
84-8 Parts A and D of Title IV of the federal Social Security Act (42
84-9 U.S.C. Sections 601-617 and 651-669):
84-10 (1) each licensing authority shall request and each
84-11 applicant for a license shall provide the applicant's social
84-12 security number;
84-13 (2) each agency administering a contract that provides
84-14 for a payment of state funds shall request and each individual or
84-15 entity bidding on a state contract shall provide the individual's
84-16 or entity's social security number as required by Section 14.52,
84-17 Family Code; and
84-18 (3) each agency administering a state-funded grant or
84-19 loan program shall request and each applicant for a grant or loan
84-20 shall provide the applicant's social security number as required by
84-21 Section 14.52, Family Code.
84-22 (b) This section does not limit the right of an agency or
84-23 licensing authority to collect and use a social security number
84-24 under another provision of law.
84-25 (c) Except as provided by Subsection (b), a social security
84-26 number provided under this section is confidential and may be
84-27 disclosed only for the purposes of responding to a request for
85-1 information from an agency operating under the provisions of Parts
85-2 A and D of Title IV of the federal Social Security Act (42 U.S.C.
85-3 Sections 601-617 and 651-669).
85-4 (d) Information collected by the Title IV-D agency under
85-5 this section may be used only for child support purposes.
85-6 (e) Information relating to a license held by an obligor is
85-7 considered asset information for purposes of the parent locator
85-8 service regardless of whether the license is related to an income
85-9 producing activity.
85-10 (f) In this section "license" and "licensing authority" have
85-11 the meanings assigned to those terms by Section 14.601, Family
85-12 Code.
85-13 SECTION 70. Section 8, Article 1.05, Title 79, Revised
85-14 Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
85-15 amended to read as follows:
85-16 Sec. 8. This article does not apply to interest that accrues
85-17 on <delinquent> child support under Section 14.34, Family Code.
85-18 SECTION 71. Sections 71.01(b)(2) and (3), Family Code, are
85-19 amended to read as follows:
85-20 (2) "Family violence" means:
85-21 (A) an act by a member of a family or household
85-22 against another member of the family or household that is intended
85-23 to result in physical harm, bodily injury, or assault, or that is a
85-24 threat that reasonably places the member in fear of imminent
85-25 physical harm, bodily injury, or assault, including an act that
85-26 constitutes an offense under Chapter 20, 21, or 22, Penal Code, or
85-27 a criminal attempt to commit the offense under Section 15.01, Penal
86-1 Code, and excluding the reasonable discipline of a child by a
86-2 person having that duty; <or>
86-3 (B) abuse, as that term is defined by Sections
86-4 34.012(1)(C), (E), and (G) of this code, by a member of a family or
86-5 household toward a child of the family or household; or
86-6 (C) an act by a member of a family or household
86-7 against another member of the family or household that is intended
86-8 to result in damage to, deprivation of, or trespass against the
86-9 property of the victim or intended victim of the act and that
86-10 constitutes either an offense under Chapter 28, 30, or 31, Penal
86-11 Code, or a criminal attempt to commit the offense under Section
86-12 15.01, Penal Code.
86-13 (3) "Family" includes individuals related by
86-14 consanguinity or affinity, as determined under Sections 573.022 and
86-15 573.024, Government Code <Article 5996h, Revised Statutes>,
86-16 individuals who are former spouses of each other, individuals who
86-17 are the biological parents of the same child, without regard to
86-18 marriage, and a foster child and foster parent, whether or not
86-19 those individuals reside together.
86-20 SECTION 72. Section 71.04(c), Family Code, is amended to
86-21 read as follows:
86-22 (c) The county attorney or the criminal district attorney is
86-23 the prosecuting attorney responsible for filing applications under
86-24 this chapter unless the district attorney assumes<. The district
86-25 attorney may assume> the responsibility by giving notice of that
86-26 assumption to the county attorney. The individual who is
86-27 responsible for filing applications shall provide written notice of
87-1 that responsibility to all local law enforcement agencies. The
87-2 application is to be filed as provided by Article 5.06, Code of
87-3 Criminal Procedure.
87-4 SECTION 73. Section 71.06, Family Code, is amended by
87-5 amending Subsection (b) and by adding Subsection (c) to read as
87-6 follows:
87-7 (b) A court may not <shall> dismiss an application filed
87-8 under this chapter solely on the grounds that a suit for
87-9 dissolution of a marriage is filed unless the court hearing the
87-10 suit for dissolution has rendered a temporary protective order in
87-11 response to an application filed with that court or has denied the
87-12 application on its merits. On rendition of a temporary protective
87-13 order or denial of an application for a protective order by the
87-14 court hearing the suit for dissolution, a court may dismiss an
87-15 application filed under this chapter <by a party to a pending suit
87-16 for dissolution of marriage and shall advise the applicant that the
87-17 applicant may file an application under Section 3.581 of this
87-18 code>.
87-19 (c) A protective order rendered under this chapter is valid
87-20 and enforceable, pending further action by the court that rendered
87-21 the order, until it is properly superseded by another court with
87-22 jurisdiction over the order.
87-23 SECTION 74. Sections 71.15(b) and (c), Family Code, are
87-24 amended to read as follows:
87-25 (b) A temporary ex parte order is valid for the period
87-26 specified in the order, not to exceed 30 <20> days.
87-27 (c) On the request of an applicant or on the court's own
88-1 initiative, a temporary ex parte order may be extended for an
88-2 additional 30 <20> days and may be extended thereafter for
88-3 additional 30-day <20-day> periods.
88-4 SECTION 75. Section 71.16(b), Family Code, is amended to
88-5 read as follows:
88-6 (b) Each protective order issued under this chapter, except
88-7 a temporary ex parte order, shall have the following statement
88-8 printed in bold-faced type or in capital letters:
88-9 "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
88-10 BY THE ORDER MAY BE <A FELONY> PUNISHABLE BY A FINE OF AS MUCH AS
88-11 $4,000 <$10,000> OR BY CONFINEMENT IN JAIL <PRISON> FOR AS LONG AS
88-12 ONE YEAR <10 YEARS>, OR BOTH. <FURTHER VIOLATIONS OF THIS ORDER
88-13 MAY BE PUNISHABLE BY CONFINEMENT IN PRISON FOR AS LONG AS 99
88-14 YEARS.> AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED
88-15 AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS
88-16 PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY
88-17 CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."
88-18 SECTION 76. Article 17.291, Code of Criminal Procedure, is
88-19 amended by adding Subsection (c) to read as follows:
88-20 (c) Before releasing on bail a person arrested or held
88-21 without a warrant in the prevention of family violence, the agency
88-22 arresting or holding the person shall make a reasonable attempt to
88-23 notify the alleged victim of the person's imminent release.
88-24 SECTION 77. Subtitle E, Title 2, Human Resources Code, as
88-25 added by Section 1, Chapter 867, Acts of the 67th Legislature,
88-26 Regular Session, 1981, is amended by adding Chapter 54 to read as
88-27 follows:
89-1 CHAPTER 54. FAMILY VIOLENCE HOTLINE
89-2 Sec. 54.001. DEFINITIONS. In this chapter:
89-3 (1) "Family violence shelter center" has the meaning
89-4 assigned that term by Section 51.002.
89-5 (2) "Victim of family violence" has the meaning
89-6 assigned that term by Section 51.002.
89-7 Sec. 54.002. FAMILY VIOLENCE HOTLINE. The department shall
89-8 establish and operate a toll-free telephone line known as the
89-9 Family Violence Hotline. A member of the public may telephone the
89-10 hotline number to obtain information regarding:
89-11 (1) family violence shelter centers;
89-12 (2) services available to victims of family violence;
89-13 (3) protective orders under Chapter 71, Family Code;
89-14 (4) filing a criminal complaint regarding family
89-15 violence with a law enforcement agency; and
89-16 (5) other information that the department considers
89-17 relevant to a victim of family violence.
89-18 Sec. 54.003. CONFIDENTIALITY. The department may not
89-19 disclose any information gained through a member of the public who
89-20 places a telephone call to the hotline.
89-21 Sec. 54.004. CONSULTATIONS. In implementing this chapter,
89-22 the department shall consult with individuals and groups that have
89-23 knowledge of and experience in the problems of family violence.
89-24 SECTION 78. The following are repealed:
89-25 (1) Sections 1.82(c) and (d), Family Code;
89-26 (2) Sections 1.83(c) and (d), Family Code;
89-27 (3) Section 2.48, Family Code;
90-1 (4) Section 3.57, Family Code;
90-2 (5) Section 3.58, Family Code;
90-3 (6) Section 14.08(i), Family Code;
90-4 (7) Section 14.082, Family Code;
90-5 (8) Sections 14.314(c), (d), and (e), Family Code; and
90-6 (9) Chapter 72, Family Code.
90-7 SECTION 79. (a) This Act takes effect September 1, 1995.
90-8 (b) The change in law made by this Act relating to an order
90-9 in a suit affecting the parent-child relationship applies only to
90-10 an order entered in a suit affecting the parent-child relationship
90-11 on or after the effective date of this Act. An order entered
90-12 before that date is governed by the law in effect on the date the
90-13 order was entered, and the former law is continued in effect for
90-14 that purpose.
90-15 (c) The change in law made by this Act relating to an
90-16 allegation of child abuse in a suit affecting the parent-child
90-17 relationship applies only to a suit affecting the parent-child
90-18 relationship commenced on or after the effective date of this Act.
90-19 A suit affecting the parent-child relationship commenced before the
90-20 effective date of this Act is governed by the law in effect on the
90-21 date the suit was commenced, and the former law is continued in
90-22 effect for that purpose.
90-23 (d) The change in law made by this Act relating to a
90-24 proceeding to determine paternity applies only to a determination
90-25 of paternity for a child born on or after the effective date of
90-26 this Act. The determination of paternity of a child born before
90-27 the effective date of this Act is governed by the law in effect on
91-1 the date the child was born, and the former law is continued in
91-2 effect for that purpose.
91-3 (e) The change in law made by this Act relating to a hearing
91-4 on the issue of consent to an adoption applies only to a suit for
91-5 adoption commenced on or after the effective date of this Act. A
91-6 suit for adoption commenced before that date is governed by the law
91-7 in effect on the date the suit was commenced, and the former law is
91-8 continued in effect for that purpose.
91-9 (f) The change in law made by this Act relating to the
91-10 abatement of a suit for adoption applies only to a suit for
91-11 adoption commenced on or after the effective date of this Act. A
91-12 suit for adoption commenced before that date is governed by the law
91-13 in effect on the date the suit was commenced, and the former law is
91-14 continued in effect for that purpose.
91-15 (g) The change in law made by this Act relating to the
91-16 modification of an order applies only to an order for which a
91-17 motion to modify is filed on or after the effective date of this
91-18 Act. A motion to modify filed before the effective date of this
91-19 Act is governed by the law in effect on the date the motion was
91-20 filed, and the former law is continued in effect for that purpose.
91-21 (h) The change in law made by this Act relating to the civil
91-22 liability of a parent for the act of a child applies only to a suit
91-23 filed on or after the effective date of this Act. A suit filed
91-24 before the effective date of this Act is governed by the law in
91-25 effect on the date the suit was filed, and the former law is
91-26 continued in effect for that purpose.
91-27 (i) The change in law made by this Act relating to
92-1 eligibility for a state grant or loan, to payment on a state
92-2 contract, or to revocation of a license applies only to:
92-3 (1) child support payments owed on or after the
92-4 effective date of this Act; and
92-5 (2) a license that is valid on or after the effective
92-6 date of this Act.
92-7 (j) The change in law made by this Act relating to
92-8 protective orders under Chapter 71, Family Code, applies to a
92-9 pending application for a protective order regardless of whether
92-10 the application is filed before, on, or after the effective date of
92-11 this Act.
92-12 (k) The change in law made by this Act to a suit brought to
92-13 prove the existence of an informal marriage or a suit for
92-14 dissolution of a marriage applies only to a suit commenced on or
92-15 after the effective date of this Act. A suit commenced before that
92-16 date is governed by the law in effect on the date the suit was
92-17 commenced and the former law is continued in effect for that
92-18 purpose.
92-19 (l) The change in law made by this Act to Section 1.91,
92-20 Family Code, does not permit an action to be commenced on or after
92-21 the effective date of this Act to prove the existence of an
92-22 informal marriage for which an action was barred before the
92-23 effective date of this Act for failure to bring the action before
92-24 the first anniversary of the date the relationship ended.
92-25 (m) The Title IV-D agency shall adopt rules as required by
92-26 Section 47 of this Act not later than November 1, 1995.
92-27 SECTION 80. The importance of this legislation and the
93-1 crowded condition of the calendars in both houses create an
93-2 emergency and an imperative public necessity that the
93-3 constitutional rule requiring bills to be read on three several
93-4 days in each house be suspended, and this rule is hereby suspended.