1-1        By:  Harris, Nelson, Montford                      S.B. No. 7
    1-2        (In the Senate - Filed January 30, 1995; January 30, 1995,
    1-3  read first time and referred to Committee on Jurisprudence;
    1-4  May 3, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 4, Nays 0; May 3, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 7                     By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the family, including the marriage relationship, the
   1-11  parent-child relationship, suits affecting the parent-child
   1-12  relationship, and the protection of children.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subsection (c), Section 1.05, Family Code, is
   1-15  amended to read as follows:
   1-16        (c)  The affidavit of an absent applicant must include:
   1-17              (1)  the absent applicant's full name (including the
   1-18  maiden surname, if applicable), address, date of birth, place of
   1-19  birth (including city, county, and state), citizenship, and social
   1-20  security number, if any;
   1-21              (2)  a statement of whether <declaration that> the
   1-22  absent applicant has <not> been divorced within the last 30 days;
   1-23              (3)  a declaration that the absent applicant is not
   1-24  presently married (unless to the other applicant and they wish to
   1-25  marry again);
   1-26              (4)  a declaration that the other applicant is not
   1-27  related to the absent applicant as:
   1-28                    (A)  an ancestor or descendant, by blood or
   1-29  adoption;
   1-30                    (B)  a brother or sister, of the whole or half
   1-31  blood or by adoption;
   1-32                    (C)  a parent's brother or sister of the whole or
   1-33  half blood; or
   1-34                    (D)  a son or daughter of a brother or sister of
   1-35  the whole or half blood or by adoption;
   1-36              (5)  a declaration that the absent applicant desires to
   1-37  marry, and the name, age, and address of the person to whom the
   1-38  absent applicant desires to be married;
   1-39              (6)  the approximate date on which the marriage is to
   1-40  occur;
   1-41              (7)  the reason the absent applicant is unable to
   1-42  appear personally before the county clerk for the issuance of the
   1-43  license; and
   1-44              (8)  if the absent applicant will be unable to attend
   1-45  the ceremony, the appointment of any adult, except the other
   1-46  applicant, to act as proxy for the purpose of participating in the
   1-47  ceremony.
   1-48        SECTION 2.  Subsection (b), Section 1.91, Family Code, is
   1-49  amended to read as follows:
   1-50        (b)  If a <A> proceeding in which a marriage is to be proved
   1-51  under Subsection (a)(2) is not <this section must be> commenced
   1-52  before the second anniversary of <not later than one year after>
   1-53  the date on which the parties separated and ceased living together,
   1-54  it is rebuttably presumed that the parties did not enter into an
   1-55  agreement to be married <relationship ended or not later than one
   1-56  year after September 1, 1989, whichever is later>.
   1-57        SECTION 3.  Section 3.521, Family Code, is amended by
   1-58  amending Subsection (c) and by adding Subsection (f) to read as
   1-59  follows:
   1-60        (c)  The form authorized in this section and the form
   1-61  authorized by Section 102.010 <11.09 of this code> may be combined
   1-62  in appropriate situations.
   1-63        (f)  Notwithstanding Subsection (b), a default judgment may
   1-64  not be taken against a party who makes an appearance in a suit for
   1-65  dissolution of a marriage without filing an answer unless the court
   1-66  gives the party notice of the trial setting for the suit.
   1-67        SECTION 4.  Subchapter C, Chapter 3, Family Code, is amended
   1-68  by adding Section 3.531 to read as follows:
    2-1        Sec. 3.531.  EXPEDITED HEARING IN UNCONTESTED SUIT.  (a)  In
    2-2  a suit for dissolution of a marriage in which the filed answer does
    2-3  not contest any matter stated in the original petition or in which
    2-4  a general denial is filed with a motion for expedited hearing, the
    2-5  court may set the suit on the court's calendar for uncontested
    2-6  matters for an expedited hearing to be held not later than the 30th
    2-7  day after the date the answer is filed.  At the conclusion of the
    2-8  expedited hearing, the court may enter a final decree of divorce.
    2-9        (b)  A suit for dissolution may not be set for an expedited
   2-10  hearing if:
   2-11              (1)  the parties to the suit are the parents of a child
   2-12  younger than 18 years of age;
   2-13              (2)  there is a contested issue in the suit; or
   2-14              (3)  a party to the suit objects to the expedited
   2-15  hearing.
   2-16        (c)  Section 3.60 does not apply to a suit for dissolution of
   2-17  a marriage set for an expedited hearing under this section.
   2-18        SECTION 5.  Subchapter C, Chapter 3, Family Code, is amended
   2-19  by adding Section 3.541 to read as follows:
   2-20        Sec. 3.541.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  A court
   2-21  may, on its own motion or on the motion of a party, refer a pending
   2-22  suit for the dissolution of a marriage to resolution by an
   2-23  alternative dispute resolution procedure in the same manner
   2-24  provided for the referral of a pending dispute under Chapter 154,
   2-25  Civil Practice and Remedies Code.
   2-26        (b)  A court may not require the parties to a suit for
   2-27  dissolution of a marriage to participate in an alternative dispute
   2-28  resolution procedure if an allegation of family violence is made
   2-29  concerning one of the parties to the suit.
   2-30        (c)  Chapter 154, Civil Practice and Remedies Code, applies
   2-31  to a suit referred for alternative dispute resolution under this
   2-32  section.
   2-33        (d)  The parties to a suit for dissolution of a marriage who
   2-34  are referred to an alternative dispute resolution proceeding under
   2-35  this section shall begin participation in the program not later
   2-36  than the 30th day after the date the referral is made.  The court
   2-37  may not schedule a hearing on the suit until proof of completion of
   2-38  the alternative dispute resolution program is provided to the
   2-39  court.  If proof of completion of the program is provided before
   2-40  the 60th day after the date the petition for divorce is filed, the
   2-41  court may not schedule a hearing in the suit for dissolution until
   2-42  the waiting period required by Section 3.60 is concluded.
   2-43        (e)  The expenses of alternative dispute resolution may be
   2-44  taxed as costs against either or both parties.
   2-45        SECTION 6.  Subsections (b), (c), and (d), Section 3.55,
   2-46  Family Code, are amended to read as follows:
   2-47        (b)  If the parties are parents of a child, as defined by
   2-48  Section 101.003 <11.01 of this code>, and the child is not under
   2-49  the continuing jurisdiction of any other court as provided by
   2-50  Chapter 155 <under Section 11.05 of this code>, the suit for
   2-51  divorce, annulment, or to declare the marriage void<,> must include
   2-52  a suit affecting the parent-child relationship under Title 5
   2-53  <Subtitle A, Title 2, of this code>.  If a suit affecting the
   2-54  parent-child relationship is pending at the time the suit for
   2-55  divorce, annulment, or to declare a marriage void is filed, the
   2-56  suit affecting the parent-child relationship shall be transferred
   2-57  as provided by Section 103.002 to the court in which the suit for
   2-58  dissolution of a marriage is filed.
   2-59        (c)  If the parties are parents of a child, as defined by
   2-60  Section 101.003 <11.01 of this code>, and the child is under the
   2-61  continuing jurisdiction of another court under Chapter 155 <Section
   2-62  11.05 of this code>, either party to the suit for divorce,
   2-63  annulment, or to declare the marriage void may move that court for
   2-64  transfer of the suit affecting the parent-child relationship to the
   2-65  court having jurisdiction of the suit or divorce, annulment, or to
   2-66  declare the marriage void.  The court with continuing jurisdiction
   2-67  shall then transfer the proceeding to the court with jurisdiction
   2-68  of the suit for divorce, annulment, or to declare the marriage void
   2-69  as provided by Chapter 155.  <Proceedings for transfer under this
   2-70  section shall be governed by the procedures governing transfer
    3-1  under Section 11.06 of this code.>  On transfer of the proceedings
    3-2  to the court with jurisdiction of the suit for divorce, annulment,
    3-3  or to declare the marriage void, that court shall consolidate the
    3-4  suit affecting the parent-child relationship with the suit for
    3-5  divorce, annulment, or to declare the marriage void.
    3-6        (d)  After transfer of a suit affecting the parent-child
    3-7  relationship as provided in Subsection (b) or (c) <of this
    3-8  section>, or if the parties are parents of a child and no other
    3-9  court has jurisdiction of the child, the court with jurisdiction of
   3-10  the suit for divorce, annulment, or to declare the marriage void
   3-11  has jurisdiction to render an order in the suit <make orders,
   3-12  decrees, or judgments> affecting the parent-child relationship as
   3-13  provided by Title 5 <in the same manner that a court with
   3-14  jurisdiction of a suit affecting the parent-child relationship has
   3-15  under Subtitle A, Title 2, of this code, and is subject to the same
   3-16  rules, requirements, and standards set forth in Subtitle A, Title
   3-17  2, of this code for such suits.  On entering its decree or judgment
   3-18  affecting the parent-child relationship, the court has continuing
   3-19  jurisdiction under Section 11.05 of this code, and the decree or
   3-20  judgment shall be treated for all purposes as though it were
   3-21  entered in a suit affecting the parent-child relationship>.
   3-22        SECTION 7.  Subchapter C, Chapter 3, Family Code, is amended
   3-23  by adding Section 3.56 to read as follows:
   3-24        Sec. 3.56.  DISCOVERY.  (a)  All discovery in a suit for
   3-25  dissolution of a marriage must be completed not later than the 90th
   3-26  day after the date the original petition is filed.
   3-27        (b)  A full and accurate inventory of the separate and
   3-28  community property of the parties to the suit for dissolution must
   3-29  be filed with the court not later than the 30th day after the date
   3-30  discovery is completed in the suit.
   3-31        SECTION 8.  Section 4.02, Family Code, is amended to read as
   3-32  follows:
   3-33        Sec. 4.02.  DUTY TO SUPPORT.  Each spouse has the duty to
   3-34  support the other spouse.  <Each parent has the duty to support his
   3-35  or her child during the period that the child is a minor, and
   3-36  thereafter so long as the child is fully enrolled in an accredited
   3-37  secondary school in a program leading toward a high school diploma
   3-38  until the end of the school year in which the child graduates.>  A
   3-39  spouse <or parent> who fails to discharge the duty of support is
   3-40  liable to any person who provides necessaries to the spouse <those>
   3-41  to whom support is owed.
   3-42        SECTION 9.  Subchapter B, Chapter 5, Family Code, is amended
   3-43  by adding Section 5.241 to read as follows:
   3-44        Sec. 5.241.  TRANSFERS AND DEBTS PENDING DIVORCE.  (a)  After
   3-45  a petition for divorce or annulment is filed and until a final
   3-46  decree is entered, if a spouse transfers real or personal property
   3-47  or incurs a debt that would subject community property to
   3-48  liability, in an action brought by the other spouse the transfer or
   3-49  debt is voidable with respect to that spouse if the transfer was
   3-50  made or the debt incurred with the intent to injure the rights of
   3-51  that spouse.
   3-52        (b)  A transfer or debt under Subsection (a) is not voidable
   3-53  if the person dealing with the transferor or debtor spouse did not
   3-54  have actual knowledge of the intent to injure the rights of the
   3-55  other spouse.
   3-56        (c)  In an action to void a transfer or debt under this
   3-57  section, the spouse seeking to void the transfer or debt has the
   3-58  burden of proving that the person dealing with the transferor or
   3-59  debtor spouse had actual knowledge of the intent to injure the
   3-60  rights of the other spouse.
   3-61        SECTION 10.  Section 32.001, Family Code, as added by H.B.
   3-62  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   3-63  amended to read as follows:
   3-64        Sec. 32.001.  CONSENT BY NON-PARENT.  (a)  The following
   3-65  persons may consent to medical, dental, psychological, and surgical
   3-66  treatment of a child when the person having the right to consent as
   3-67  otherwise provided by law cannot be contacted and that person has
   3-68  not given actual notice to the contrary:
   3-69              (1)  a grandparent of the child;
   3-70              (2)  an adult brother or sister of the child;
    4-1              (3)  an adult aunt or uncle of the child;
    4-2              (4)  an educational institution in which the child is
    4-3  enrolled that has received written authorization to consent from a
    4-4  person having the right to consent;
    4-5              (5)  an adult who has actual care, control, and
    4-6  possession of the child and has written authorization to consent
    4-7  from a person having the right to consent;
    4-8              (6)  a court having jurisdiction over a suit affecting
    4-9  the parent-child relationship of which the child is the subject;
   4-10  <or>
   4-11              (7)  an adult responsible for the actual care, control,
   4-12  and possession of a child under the jurisdiction of a juvenile
   4-13  court or committed by a juvenile court to the care of an agency of
   4-14  the state or county; or
   4-15              (8)  a peace officer who has lawfully taken custody of
   4-16  a minor, if the peace officer has reasonable grounds to believe the
   4-17  minor is in need of immediate medical treatment.
   4-18        (b)  <The person giving consent, a physician or dentist
   4-19  licensed to practice medicine or dentistry in this state, or a
   4-20  hospital or medical facility is not liable for the examination and
   4-21  treatment of a child under this section except for the person's own
   4-22  acts of negligence.>
   4-23        <(c)>  The Texas Youth Commission may consent to the medical,
   4-24  dental, psychological, and surgical treatment of a child committed
   4-25  to it under Title 3 when the person having the right to consent has
   4-26  been contacted and that person has not given actual notice to the
   4-27  contrary.
   4-28        (c) <(d)>  This section does not apply to consent for the
   4-29  immunization of a child.
   4-30        (d)  A person who consents to the medical treatment of a
   4-31  minor under Subsection (a)(7) or (8) is immune from liability for
   4-32  damages resulting from the examination or treatment of the minor,
   4-33  except to the extent of the person's own acts of negligence.  A
   4-34  physician or dentist licensed to practice in this state or a
   4-35  hospital or medical facility at which a minor is treated is immune
   4-36  from liability for damages resulting from the examination or
   4-37  treatment of a minor under this section, except to the extent of
   4-38  the person's own acts of negligence.
   4-39        SECTION 11.  Subsection (a), Section 42.006, Family Code, as
   4-40  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   4-41  Session, 1995, is amended to read as follows:
   4-42        (a)  Damages may include:
   4-43              (1)  the actual costs and expenses incurred, including
   4-44  attorney's fees, in:
   4-45                    (A)  locating a child who is the subject of the
   4-46  order;
   4-47                    (B)  recovering possession of the child if the
   4-48  petitioner is entitled to possession; and
   4-49                    (C)  <(2)  the actual costs and expenses,
   4-50  including attorney's fees, incurred in> enforcing the order and
   4-51  prosecuting the suit; and
   4-52              (2) <(3)>  mental suffering and anguish incurred by the
   4-53  plaintiff because of a violation of the order.
   4-54        SECTION 12.  Section 102.003, Family Code, as added by H.B.
   4-55  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   4-56  amended to read as follows:
   4-57        Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
   4-58  suit may be filed at any time by:
   4-59              (1)  a parent of the child;
   4-60              (2)  the child through a representative authorized by
   4-61  the court;
   4-62              (3)  a custodian or person having the right of
   4-63  visitation with or access to the child appointed by an order of a
   4-64  court of another state or country;
   4-65              (4)  a guardian of the person or of the estate of the
   4-66  child;
   4-67              (5)  a governmental entity;
   4-68              (6)  an authorized agency;
   4-69              (7)  a licensed child placing agency;
   4-70              (8)  a man alleging himself to be the biological father
    5-1  of a child filing in accordance with Chapter 160, subject to the
    5-2  limitations of Section 160.101, but not otherwise;
    5-3              (9)  a person who has had actual care, control, and
    5-4  possession of the child for not less than six months preceding the
    5-5  filing of the petition;
    5-6              (10)  a person designated as the managing conservator
    5-7  in a revoked or unrevoked affidavit of relinquishment under Chapter
    5-8  161 or to whom consent to adoption has been given in writing under
    5-9  Chapter 162; or
   5-10              (11)  a person with whom the child and the child's
   5-11  guardian, managing conservator, or parent have resided for not less
   5-12  than six months preceding the filing of the petition if the child's
   5-13  guardian, managing conservator, or parent is deceased at the time
   5-14  of the filing of the petition.
   5-15        SECTION 13.  Subsection (a), Section 102.009, Family Code, as
   5-16  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   5-17  Session, 1995, is amended to read as follows:
   5-18        (a)  Except as provided by Subsection (b), the following
   5-19  <persons> are entitled to service of citation on the filing of a
   5-20  petition in an original suit:
   5-21              (1)  a managing conservator;
   5-22              (2)  a possessory conservator;
   5-23              (3)  a person having possession of or access to the
   5-24  child under an order;
   5-25              (4)  a person required by law or by order to provide
   5-26  for the support of the child;
   5-27              (5)  a guardian of the person of the child;
   5-28              (6)  a guardian of the estate of the child;
   5-29              (7)  each parent as to whom the parent-child
   5-30  relationship has not been terminated or process has not been waived
   5-31  under Chapter 161; <and>
   5-32              (8)  an alleged father, unless there is attached to the
   5-33  petition an affidavit of waiver of interest in a child executed by
   5-34  the alleged father as provided by Chapter 161; and
   5-35              (9)  the Department of Protective and Regulatory
   5-36  Services, if the petition requests that the department be appointed
   5-37  as managing conservator of the child.
   5-38        SECTION 14.  Section 104.005, Family Code, as added by H.B.
   5-39  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-40  amended to read as follows:
   5-41        Sec. 104.005.  SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
   5-42  (a)  If the testimony of a child is taken as provided by this
   5-43  chapter <subchapter>, the child may not be compelled to testify in
   5-44  court during the proceeding.
   5-45        (b) The court may allow the testimony of a child of any age
   5-46  to be taken in any manner provided by this chapter if the child,
   5-47  because of a medical condition, is incapable of testifying in open
   5-48  court.
   5-49        SECTION 15.  Section 105.002, Family Code, as added by H.B.
   5-50  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-51  amended to read as follows:
   5-52        Sec. 105.002.  JURY.  (a)  Except as provided by Subsection
   5-53  (b) <in a suit in which adoption is requested>, a party may demand
   5-54  a jury trial.
   5-55        (b)  A party may not demand a jury trial in a suit in which
   5-56  adoption is sought, including a trial on the issue of denial or
   5-57  revocation of consent to the adoption by the managing conservator.
   5-58        (c)  The court may not render an order that contravenes the
   5-59  verdict of the jury, except with respect to the issues of the
   5-60  specific terms and conditions of possession of and access to the
   5-61  child, support of the child, and the rights, privileges, duties,
   5-62  and powers of sole managing conservators, joint managing
   5-63  conservators, or possessory conservators, on which the court may
   5-64  submit or refuse to submit issues to the jury as the court
   5-65  determines appropriate, and on which issues the jury verdict is
   5-66  advisory only.
   5-67        SECTION 16.  Subsections (b), (d), and (e), Section 105.006,
   5-68  Family Code, as added by H.B. No. 655, Acts of the 74th
   5-69  Legislature, Regular Session, 1995, are amended to read as follows:
   5-70        (b)  Except as provided by Subsection (c), in an order for
    6-1  child support or possession of or access to a child the court shall
    6-2  order each party to inform each <the clerk and all> other party
    6-3  <parties> of a change in any of the information required by this
    6-4  section to be included in the order:
    6-5              (1)  before the 11th day after the date of the change,
    6-6  as long as any person, as a result of the order, is under an
    6-7  obligation to pay child support or is entitled to possession of or
    6-8  access to a child; and
    6-9              (2)  if the change in the information is an intended
   6-10  change, on or before the 60th day before the date the party intends
   6-11  to make the change, as long as any person, as a result of the
   6-12  order, is under an obligation to pay child support or is entitled
   6-13  to possession of or access to a child.
   6-14        (d)  An order in a suit that orders child support or
   6-15  possession of or access to a child must contain the following
   6-16  notice in bold-faced type or in capital letters:
   6-17        "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
   6-18  POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
   6-19  TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT.  A FINDING OF
   6-20  CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
   6-21  MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
   6-22  JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
   6-23        "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
   6-24  PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
   6-25  PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
   6-26        "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
   6-27  DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
   6-28  CHILD.  REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
   6-29  CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
   6-30  TO THAT PARTY.
   6-31        "A PERSON WHO IS ORDERED TO PAY CHILD SUPPORT OR WHO RECEIVES
   6-32  CHILD SUPPORT UNDER AN ORDER WHO BELIEVES THAT A CHANGE OF
   6-33  CIRCUMSTANCES WARRANTS A MODIFICATION OF THE CHILD SUPPORT
   6-34  OBLIGATION MAY REQUEST A REVIEW AND MODIFICATION OF THE ORDER FROM
   6-35  THE TITLE IV-D AGENCY.  COURT-ORDERED CHILD SUPPORT CANNOT BE
   6-36  INCREASED OR DECREASED UNTIL MODIFICATION IS ORDERED BY THE COURT.
   6-37        "A PERSON WHO IS GRANTED POSSESSION OF OR ACCESS TO A CHILD
   6-38  OR WHO IS ORDERED TO GIVE ANOTHER PERSON POSSESSION OF OR ACCESS TO
   6-39  A CHILD UNDER AN ORDER AND BELIEVES THAT A CHANGE IN CIRCUMSTANCES
   6-40  WARRANTS MODIFICATION OF THE TERMS OF POSSESSION OR ACCESS MAY FILE
   6-41  A SUIT FOR MODIFICATION OF THE ORDER WITH THE COURT THAT HAS
   6-42  CONTINUING JURISDICTION OF THE CHILD.
   6-43        "A PERSON WHO SEEKS TO MODIFY AN ORDER FOR CHILD SUPPORT OR
   6-44  POSSESSION OF OR ACCESS TO A CHILD MAY EMPLOY AN ATTORNEY TO SEEK
   6-45  THE MODIFICATION."
   6-46        (e)  Except as provided by Subsection (c), an order in a suit
   6-47  that orders child support or possession of or access to a child
   6-48  must also contain the following order in bold-faced type or in
   6-49  capital letters:
   6-50        "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
   6-51  NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
   6-52  AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
   6-53  ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
   6-54  ADDRESS OF PLACE OF EMPLOYMENT, AND WORK TELEPHONE NUMBER.  THE
   6-55  DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE CLERK OF
   6-56  THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF THIS
   6-57  ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED TO
   6-58  POSSESSION OF OR ACCESS TO A CHILD.  FAILURE BY A PARTY TO OBEY THE
   6-59  ORDER OF THIS COURT TO PROVIDE EACH OTHER PARTY <THE CLERK> WITH
   6-60  THE CURRENT MAILING ADDRESS OF THE <A> PARTY MAY RESULT IN THE
   6-61  ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY
   6-62  CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS
   6-63  OF RECORD."
   6-64        SECTION 17.  Section 105.007, Family Code, as added by H.B.
   6-65  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   6-66  amended to read as follows:
   6-67        Sec. 105.007.  COMPLIANCE WITH ORDER REQUIRING INFORMATION
   6-68  REGARDING <NOTICE OF CHANGE OF> CONSERVATOR'S EMPLOYER <RESIDENCE>.
   6-69  (a)  A party <who intends a change of place of residence> shall
   6-70  comply with the order by giving written notice of the name of the
    7-1  party's employer, the address of the party's employment, and the
    7-2  party's work <intended date of change, new> telephone number<, and
    7-3  new street address of residence> to the clerk of the court having
    7-4  jurisdiction of the suit in which the order was made <and to every
    7-5  other party who has possession of or access to the child>.
    7-6        (b)  The party must give written notice of any change in the
    7-7  information described in Subsection (a) by registered or certified
    7-8  mail before the 11th day after the date the information changed
    7-9  <must be given on or before the 60th day before the conservator
   7-10  changes the conservator's place of residence.  If the conservator
   7-11  did not know or could not have known of the change of residence or
   7-12  if the required information was not available within the 60-day
   7-13  period, the conservator shall supply the written notice of the
   7-14  change of residence or the related information on or before the
   7-15  fifth day after the date that the conservator knew or should have
   7-16  known of the change or of the related information>.
   7-17        (c)  The court may waive the notice required by this section
   7-18  on motion by the moving conservator if it finds that the giving of
   7-19  notice <of a change of place of residence> would be likely to
   7-20  expose the child or the conservator to harassment, abuse, serious
   7-21  harm, or injury.
   7-22        <(d)  The notice may be given to a party by delivery of a
   7-23  copy of the notice to the party either in person or by registered
   7-24  or certified mail, return receipt requested, to the last known
   7-25  address of the party.>
   7-26        <(e)  The notice may be given to the court by delivery of a
   7-27  copy of the notice either in person to the clerk of the court or by
   7-28  registered or certified mail addressed to the clerk of the court.>
   7-29        SECTION 18.  Chapter 107, Family Code, as added by H.B. No.
   7-30  655, Acts of the 74th Legislature, Regular Session, 1995, is
   7-31  amended to read as follows:
   7-32         CHAPTER 107.  SPECIAL APPOINTMENTS AND SOCIAL STUDIES
   7-33            SUBCHAPTER A.  GUARDIAN AD LITEM REPRESENTATION
   7-34        Sec. 107.001.  APPOINTMENT OF GUARDIAN AD LITEM.  (a)  In a
   7-35  suit in which termination of the parent-child relationship is
   7-36  requested, the court or an associate judge shall appoint a guardian
   7-37  ad litem to represent the interests of the child immediately after
   7-38  the filing of the petition but before the full adversary hearing to
   7-39  ensure adequate representation of the child, unless:
   7-40              (1)  the child is a petitioner;
   7-41              (2)  an attorney ad litem has been appointed for the
   7-42  child; or
   7-43              (3)  the court or an associate judge finds that the
   7-44  interests of the child will be represented adequately by a party to
   7-45  the suit and are not adverse to that party.
   7-46        (b)  In any other suit, the court or an associate judge may
   7-47  appoint a guardian ad litem.
   7-48        (c)  The managing conservator may be appointed guardian ad
   7-49  litem if the managing conservator is not a parent of the child or a
   7-50  person petitioning for adoption of the child and has no personal
   7-51  interest in the suit.
   7-52        (d)  A guardian ad litem shall be appointed to represent any
   7-53  other person entitled to service of citation under this code if the
   7-54  person is incompetent or a child, unless the person has executed an
   7-55  affidavit of relinquishment of parental rights or an affidavit of
   7-56  waiver of interest in child containing a waiver of service of
   7-57  citation.
   7-58         (Sections 107.002 to 107.010 reserved for expansion
   7-59                   SUBCHAPTER B.  ATTORNEY AD LITEM
   7-60        Sec. 107.011 <107.002>.  DISCRETIONARY APPOINTMENT OF
   7-61  ATTORNEY AD LITEM.  (a)  An associate judge shall <may> recommend
   7-62  the appointment of an attorney ad litem for any party in a case in
   7-63  which the associate judge deems representation necessary to protect
   7-64  the interests of the child who is the subject matter of the suit.
   7-65        (b)  The court shall <may> appoint an attorney ad litem for
   7-66  any party in a case in which the court deems representation
   7-67  necessary to protect the interests of the child who is the subject
   7-68  matter of the suit.
   7-69        Sec. 107.012.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
   7-70  CHILD.  <(c)>  In a suit filed by a governmental entity requesting
    8-1  termination of the parent-child relationship or to be named
    8-2  conservator of a child, the court shall appoint an attorney ad
    8-3  litem to represent the interests of the child immediately after the
    8-4  filing, but before the full adversary hearing, <as soon as
    8-5  practicable> to ensure adequate representation of the child
    8-6  <child's interests>.
    8-7        Sec. 107.013.  MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
    8-8  INDIGENT PARENT.  (a) <(d)>  In a suit in which termination of the
    8-9  parent-child relationship is requested, the court shall appoint an
   8-10  attorney ad litem to represent the interests of each indigent
   8-11  parent of the child who responds in opposition to the termination.
   8-12        (b)  If both parents of the child are indigent and oppose
   8-13  termination and the court finds that the interests of the parents
   8-14  are not in conflict, the court may appoint a single attorney ad
   8-15  litem to represent the interests of both parents.
   8-16        Sec. 107.014.  POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
   8-17  CHILD.  (a)  An attorney ad litem appointed under this subchapter
   8-18  to represent a child may:
   8-19              (1)  investigate to the extent the attorney ad litem
   8-20  considers appropriate to determine the facts of the case;
   8-21              (2)  obtain and review copies of all of the child's
   8-22  relevant medical, psychological, and school records; and
   8-23              (3)  call, examine, and cross-examine witnesses.
   8-24        (b)  An attorney ad litem appointed to represent a child
   8-25  shall within a reasonable time after the appointment:
   8-26              (1)  interview the child if the child is four years of
   8-27  age or older; and
   8-28              (2)  interview individuals with significant knowledge
   8-29  of the child's history and condition.
   8-30        Sec. 107.015 <107.003>.  AD LITEM FEES.  (a)  An attorney
   8-31  appointed to represent a child or parent as authorized by this
   8-32  subchapter is entitled to a reasonable fee in the amount set by the
   8-33  court to be paid by the parents of the child unless the parents are
   8-34  indigent.
   8-35        (b)  If the court or associate judge determines that the
   8-36  parties or litigants are able to defray the costs of an ad litem's
   8-37  compensation as determined by the reasonable and customary fees for
   8-38  similar services in the county of jurisdiction, the costs may be
   8-39  ordered paid by either or both parties, or the court or associate
   8-40  judge may order either or both parties, prior to final hearing, to
   8-41  pay the sums into the registry of the court or into an account
   8-42  authorized by the court for the use and benefit of the ad litem on
   8-43  order of the court.  The sums may be taxed as costs to be assessed
   8-44  against one or more of the parties.
   8-45        (c)  If indigency of the parents is shown, an attorney
   8-46  appointed to represent a child or parent in a suit to terminate the
   8-47  parent-child relationship shall be paid from the general funds of
   8-48  the county according to the fee schedule that applies to an
   8-49  attorney appointed to represent a child in a suit under Title 3 as
   8-50  provided by Chapter 51.
   8-51        Sec. 107.016.  CONTINUED REPRESENTATION.  In a suit brought
   8-52  by a governmental entity seeking termination of the parent-child
   8-53  relationship or appointment of the entity as conservator of the
   8-54  child, an order appointing the Department of Protective and
   8-55  Regulatory Services as the child's managing conservator may provide
   8-56  for the continuation of the attorney ad litem appointment for any
   8-57  period set by the court.
   8-58         (Sections 107.017 to 107.030 reserved for expansion
   8-59                SUBCHAPTER C.  OTHER COURT APPOINTMENTS
   8-60        Sec. 107.031 <107.004>.  VOLUNTEER ADVOCATES.  (a)  In a suit
   8-61  filed by a governmental entity, the court may appoint a person who
   8-62  has received the court's approved training and who has been
   8-63  certified by the court to appear at court hearings as a volunteer
   8-64  advocate on behalf of the child.
   8-65        (b)  In addition, the court may appoint a group of
   8-66  court-certified volunteers to serve as an administrative review
   8-67  board to advise the court as to the conservatorship appointment and
   8-68  the placement of the child by the Department of Protective and
   8-69  Regulatory Services <department> or authorized agency in substitute
   8-70  care.
    9-1        (c)  A court-appointed volunteer, a board member or employee
    9-2  of a volunteer advocate charitable organization, or a member of an
    9-3  administrative review board <person> is not liable for civil
    9-4  damages for a recommendation made or opinion rendered while serving
    9-5  or having served as a court-appointed volunteer, board member or
    9-6  employee of a volunteer advocate charitable organization, or member
    9-7  of an administrative review board under this section unless the act
    9-8  or failure to act is wilfully wrongful, committed with conscious
    9-9  indifference or reckless disregard for the safety of another,
   9-10  committed in bad faith or with malice, or is grossly negligent.
   9-11         (Sections 107.032 to 107.050 reserved for expansion
   9-12                      SUBCHAPTER D.  SOCIAL STUDY
   9-13        Sec. 107.051 <107.005>.  ORDER FOR SOCIAL STUDY.  (a)  The
   9-14  court may order the preparation of a social study into the
   9-15  circumstances and condition of the child and of the home of any
   9-16  person requesting managing conservatorship or possession of the
   9-17  child.
   9-18        (b)  The social study may be made by a state agency,
   9-19  including the Department of Protective and Regulatory Services
   9-20  <department>, or a person appointed by the court.
   9-21        (c)  In a suit in which adoption is requested or possession
   9-22  of or access to the child is an issue and in which the Department
   9-23  of Protective and Regulatory Services is not a party or has no
   9-24  interest, the court shall appoint a private agency or person to
   9-25  conduct the social study.
   9-26        Sec. 107.052.  STANDARDS FOR CONDUCTING SOCIAL STUDY.
   9-27  (a)  The court may appoint an investigator to conduct the social
   9-28  study required by this section who has the qualifications
   9-29  established by the rules of the Department of Protective and
   9-30  Regulatory Services <department> providing minimum qualifications
   9-31  for persons who may conduct social studies.  If the Department of
   9-32  Protective and Regulatory Services <department> or another
   9-33  governmental entity is appointed, the person who conducts the
   9-34  investigation and makes the report must also have those
   9-35  qualifications.
   9-36        (b) <(d)>  A study made under this section shall comply with
   9-37  the rules of the Department of Protective and Regulatory Services
   9-38  <department> establishing minimum standards, guidelines, and
   9-39  procedures for social studies or the criteria established by the
   9-40  court.
   9-41        (c) <(e)>  The social study shall contain any history of
   9-42  physical, sexual, or emotional abuse suffered by the child.
   9-43        <(f)  In a suit in which adoption is requested or possession
   9-44  of or access to the child is an issue and in which the department
   9-45  is not a party or has no interest, the court shall appoint a
   9-46  private agency or person to conduct the social study.>
   9-47        Sec. 107.053.  PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
   9-48  <(g)>  In all adoptions a copy of the report shall be made
   9-49  available to the prospective adoptive parents prior to a final
   9-50  order of adoption.
   9-51        Sec. 107.054.  REPORT FILED WITH COURT.  <(h)>  The agency or
   9-52  person making the social study shall file with the court on a date
   9-53  set by the court a report containing its findings and conclusions.
   9-54  The report shall be made a part of the record of the suit.
   9-55        Sec. 107.055.  INTRODUCTION OF REPORT AT TRIAL.
   9-56  (a) <(i)>  Disclosure to the jury of the contents of a report to
   9-57  the court of a social study is subject to the rules of evidence.
   9-58        (b) <(j)>  In a contested case, the agency or person making
   9-59  the social study shall furnish copies of the report to the
   9-60  attorneys for the parties before the earlier of:
   9-61              (1)  the seventh day after the date the social study is
   9-62  completed; or
   9-63              (2)  the fifth day before the date of commencement of
   9-64  the trial.
   9-65        (c) <(k)>  The court may compel the attendance of witnesses
   9-66  necessary for the proper disposition of the suit, including a
   9-67  representative of the agency making the social study, who may be
   9-68  compelled to testify.
   9-69        Sec. 107.056.  PREPARATION FEE.  <(l)>  If the court orders
   9-70  <the department to prepare> a social study to be conducted and a
   10-1  report to be prepared, the court shall award the agency or other
   10-2  person <department> a reasonable fee for the preparation of the
   10-3  study that shall be taxed as costs and paid directly to the agency
   10-4  or other person <department>.  The person <department> may enforce
   10-5  the order for the fee <in the department's own name>.
   10-6        SECTION 19.  Section 108.001, Family Code, as added by H.B.
   10-7  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   10-8  amended to read as follows:
   10-9        Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK.
  10-10  (a)  Except as provided by this chapter, the clerk of the court
  10-11  shall transmit to the bureau of vital statistics <department> a
  10-12  copy of the order rendered in a suit, together with the name and
  10-13  all prior names, birth date, and place of birth of the child.
  10-14        (b)  The bureau of vital statistics <department> shall
  10-15  maintain these records in a central file according to the name,
  10-16  birth date, and place of birth of the child, the court that
  10-17  rendered the order, and the docket number of the suit.
  10-18        (c)  All the records required under this section to be
  10-19  maintained by the bureau of vital statistics and the records of a
  10-20  child-placing agency that has ceased operations <department> are
  10-21  confidential and no person is entitled to access to or information
  10-22  from these records except for good cause <as provided by this
  10-23  subtitle or> on an order of the court that rendered the order <for
  10-24  good cause>.
  10-25        SECTION 20.  Section 108.003, Family Code, as added by H.B.
  10-26  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  10-27  amended to read as follows:
  10-28        Sec. 108.003.  TRANSMITTAL OF FILES OF ADOPTION.  (a)  The
  10-29  <On rendition of an order of adoption, the> clerk of a <the> court
  10-30  that renders a decree of adoption shall, not later than the 10th
  10-31  day of the first month after the month in which the adoption is
  10-32  rendered, transmit to the central registry of the bureau of vital
  10-33  statistics <department>:
  10-34              (1)  a complete file in the case, including all
  10-35  pleadings, papers, studies, and records in the suit other than the
  10-36  minutes of the court, if the petitioner has requested that the
  10-37  complete file be sent;
  10-38              (2)  <, or> a certified copy of the petition and order
  10-39  of adoption, excluding pleadings, papers, studies, and records
  10-40  relating to a suit for divorce or annulment or to declare a
  10-41  marriage void, if the petitioner did not request that the complete
  10-42  file be sent; and
  10-43              (3) <(2)>  a report of adoption that includes:
  10-44                    (A)  the name of the adopted child after adoption
  10-45  as shown in the adoption order;
  10-46                    (B)  the birth date of the adopted child;
  10-47                    (C)  the docket number of the adoption suit;
  10-48                    (D)  the identity of the court rendering the
  10-49  adoption;
  10-50                    (E)  the date of the adoption order;
  10-51                    (F)  the name and address of each parent,
  10-52  guardian, managing conservator, or other person whose consent to
  10-53  adoption was required or waived under Chapter 162 <23>, or whose
  10-54  parental rights were terminated in the adoption suit;
  10-55                    (G)  the identity of the licensed child placing
  10-56  agency, if any, through which the adopted child was placed for
  10-57  adoption; and
  10-58                    (H)  the identity, address, and telephone number
  10-59  of the registry through which the adopted child may register as an
  10-60  adoptee.
  10-61        (b)  Except for good cause shown or on an order of the court
  10-62  that granted the adoption or terminated the proceedings under
  10-63  Section 155.001, the records concerning a child maintained by the
  10-64  district clerk after rendition of a decree of adoption, the records
  10-65  of a child-placing agency that has ceased operations, and the
  10-66  records required under this section to be maintained by the bureau
  10-67  of vital statistics are confidential, and no person is entitled to
  10-68  access to or information from these records.
  10-69        SECTION 21.  Section 108.004, Family Code, as added by H.B.
  10-70  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   11-1  amended to read as follows:
   11-2        Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
   11-3  On the loss of jurisdiction of a court under Chapter 155, the clerk
   11-4  of the court shall transmit to the central registry of the bureau
   11-5  of vital statistics <department>:
   11-6              (1)  a complete file in the case, including all
   11-7  pleadings, papers, studies, and records in the suit other than the
   11-8  minutes of the court<, if the petitioner has requested that a
   11-9  complete file be sent>; and <or>
  11-10              (2)  the <a certified copy of the petition, excluding
  11-11  pleadings,> papers, studies, and records relating to a suit for
  11-12  divorce or annulment or to declare a marriage void.
  11-13        SECTION 22.  Section 108.005, Family Code, as added by H.B.
  11-14  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-15  amended to read as follows:
  11-16        Sec. 108.005.  ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
  11-17  STATISTICS <DEPARTMENT>.  (a)  When the bureau of vital statistics
  11-18  <department> receives the complete file or petition and order of
  11-19  adoption, the bureau <it> shall close the records concerning that
  11-20  child.  Except for statistical purposes, the bureau <department>
  11-21  may not disclose any information concerning the prior proceedings
  11-22  affecting the child.  Except as provided in Chapter 162, any
  11-23  subsequent inquiry concerning the child who has been adopted shall
  11-24  be handled as though the child had not been previously the subject
  11-25  of a suit affecting the parent-child relationship.
  11-26        (b)  On the receipt of additional records concerning a child
  11-27  who has been the subject of a suit affecting the parent-child
  11-28  relationship in which the records have been closed, a new file
  11-29  shall be made and maintained.
  11-30        SECTION 23.  Section 108.006, Family Code, as added by H.B.
  11-31  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-32  amended to read as follows:
  11-33        Sec. 108.006.  FEES.  (a)  The bureau of vital statistics
  11-34  <department> may charge a reasonable fee to cover the cost of
  11-35  determining and sending information concerning the identity of the
  11-36  court with continuing, exclusive jurisdiction.
  11-37        (b)  On the filing of a suit requesting the adoption of a
  11-38  child, the clerk of the court shall collect an additional fee of
  11-39  $15.
  11-40        (c)  The clerk shall send the fees collected under Subsection
  11-41  (b) to the bureau of vital statistics for deposit in a special fund
  11-42  in the state treasury from which the legislature may appropriate
  11-43  money only to operate and maintain the central file and central
  11-44  registry of the bureau <department>.
  11-45        (d)  The receipts from the fees charged under Subsection (a)
  11-46  shall be deposited in a financial institution as determined by the
  11-47  <executive> director of the bureau of vital statistics <department>
  11-48  and withdrawn as necessary for the sole purpose of operating and
  11-49  maintaining the central record file.
  11-50        <(e)  The funds received under Subsection (b) shall be
  11-51  deposited in a special account in the general revenue fund.  Funds
  11-52  in the account may only be used for the operation of the central
  11-53  record file.  Sections 403.094 and 403.095, Government Code, do not
  11-54  apply to the special account.>
  11-55        SECTION 24.  Section 108.007, Family Code, as added by H.B.
  11-56  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  11-57  amended to read as follows:
  11-58        Sec. 108.007.  MICROFILM.  (a)  The bureau of vital
  11-59  statistics <department> may use microfilm or other suitable means
  11-60  for maintaining the central record file.
  11-61        (b)  A certified reproduction of a document maintained by the
  11-62  bureau of vital statistics <department> is admissible in evidence
  11-63  as the original document.
  11-64        SECTION 25.  Subsection (b), Section 151.002, Family Code, as
  11-65  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  11-66  Session, 1995, is amended to read as follows:
  11-67        (b)  A presumption under this section may be rebutted as
  11-68  provided by Section 160.110 <only by clear and convincing evidence.
  11-69  If two or more presumptions arise that conflict, the presumption
  11-70  that is founded on the weightier considerations of policy and logic
   12-1  controls.  The presumption is rebutted by a court order
   12-2  establishing paternity of the child by another man>.
   12-3        SECTION 26.  Subsection (a), Section 151.003, Family Code, as
   12-4  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   12-5  Session, 1995, is amended to read as follows:
   12-6        (a)  A parent of a child has the following rights and duties:
   12-7              (1)  the right to have physical possession, to direct
   12-8  the moral and religious training, and to establish the residence of
   12-9  the child;
  12-10              (2)  the duty of care, control, protection, and
  12-11  reasonable discipline of the child;
  12-12              (3)  the duty to support the child, including providing
  12-13  the child with clothing, food, shelter, medical and dental care,
  12-14  and education;
  12-15              (4)  the duty, except when a guardian of the child's
  12-16  estate has been appointed, to manage the estate of the child,
  12-17  including the right <a power> as an agent of the child to act in
  12-18  relation to the child's estate if the child's action is required by
  12-19  a state, the United States, or a foreign government;
  12-20              (5)  the right to the services and earnings of the
  12-21  child;
  12-22              (6)  the right to consent to the child's marriage,
  12-23  enlistment in the armed forces of the United States, medical and
  12-24  dental care, and psychiatric, psychological, and surgical
  12-25  treatment;
  12-26              (7)  the right to represent the child in legal action
  12-27  and to make other decisions of substantial legal significance
  12-28  concerning the child;
  12-29              (8)  the right to receive and give receipt for payments
  12-30  for the support of the child and to hold or disburse funds for the
  12-31  benefit of the child;
  12-32              (9)  the right to inherit from and through the child;
  12-33  <and>
  12-34              (10)  the right to make decisions concerning the
  12-35  child's education; and
  12-36              (11)  any other right or duty existing between a parent
  12-37  and child by virtue of law.
  12-38        SECTION 27.  Section 152.003, Family Code, as added by H.B.
  12-39  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-40  amended by adding Subsection (e) to read as follows:
  12-41        (e)  A court that has jurisdiction of a suit under Subsection
  12-42  (a)(3) for which a court in another state may exercise jurisdiction
  12-43  under prerequisites substantially in accordance with Subsection
  12-44  (a)(1) or (2) may enter only a temporary order to protect the
  12-45  child.  The suit shall be dismissed in this state on the date a
  12-46  court of competent jurisdiction in another state signs an order in
  12-47  the suit or on the 91st day after the date the court in this state
  12-48  exercised its jurisdiction, whichever date occurs first.
  12-49        SECTION 28.  Section 153.001, Family Code, as added by H.B.
  12-50  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  12-51  amended to read as follows:
  12-52        Sec. 153.001.  PUBLIC POLICY.  (a)  The public policy of this
  12-53  state is to:
  12-54              (1)  assure that children will have frequent and
  12-55  continuing contact with parents who have shown the ability to act
  12-56  in the best interest of the child;
  12-57              (2)  provide a stable environment for the child; and
  12-58              (3)  encourage parents to share in the rights and
  12-59  duties of raising their child after the parents have separated or
  12-60  dissolved their marriage.
  12-61        (b)  A court may not render an order that conditions the
  12-62  right of a conservator to possession of or access to a child on the
  12-63  payment of child support.
  12-64        SECTION 29.  Subsection (c), Section 153.007, Family Code, as
  12-65  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  12-66  Session, 1995, is amended to read as follows:
  12-67        (c)  Terms of the agreement contained in the order or
  12-68  incorporated by reference regarding conservatorship or support of
  12-69  or access to a child in an order may be enforced by all remedies
  12-70  available for enforcement of a judgment, including contempt, but
   13-1  are not enforceable as a contract <terms unless provided by the
   13-2  agreement>.
   13-3        SECTION 30.  Subchapter A, Chapter 153, as added by H.B. No.
   13-4  655, Acts of the 74th Legislature, Regular Session, 1995, is
   13-5  amended by adding Section 153.013 to read as follows:
   13-6        Sec. 153.013.  FALSE REPORT OF CHILD ABUSE.  (a)  If a party
   13-7  to a pending suit affecting the parent-child relationship makes a
   13-8  report alleging child abuse by another party to the suit that the
   13-9  reporting party knows lacks a factual foundation, the court shall
  13-10  deem the report to be a knowingly false report.
  13-11        (b)  Evidence of a false report of child abuse is admissible
  13-12  in a suit between the involved parties regarding the terms of
  13-13  conservatorship of a child.
  13-14        SECTION 31.  Subsection (a), Section 153.073, Family Code, as
  13-15  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  13-16  Session, 1995, is amended to read as follows:
  13-17        (a)  Unless limited by court order, a parent appointed as a
  13-18  conservator of a child has at all times the right:
  13-19              (1)  as specified by court order:
  13-20                    (A)  to receive information from the other parent
  13-21  concerning the health, education, and welfare of the child; and
  13-22                    (B) <(2)>  to confer with the other parent to the
  13-23  extent possible before making a decision concerning the health,
  13-24  education, and welfare of the child;
  13-25              (2) <(3)>  of access to medical, dental, psychological,
  13-26  and educational records of the child;
  13-27              (3) <(4)>  to consult with a physician, dentist, or
  13-28  psychologist of the child;
  13-29              (4) <(5)>  to consult with school officials concerning
  13-30  the child's welfare and educational status, including school
  13-31  activities;
  13-32              (5) <(6)>  to attend school activities;
  13-33              (6) <(7)>  to be designated on the child's records as a
  13-34  person to be notified in case of an emergency;
  13-35              (7) <(8)>  to consent to medical, dental, and surgical
  13-36  treatment during an emergency involving an immediate danger to the
  13-37  health and safety of the child; and
  13-38              (8) <(9)>  to manage the estate of the child to the
  13-39  extent the estate has been created by the parent or the parent's
  13-40  family.
  13-41        SECTION 32.  Section 153.074, Family Code, as added by H.B.
  13-42  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  13-43  amended to read as follows:
  13-44        Sec. 153.074.  RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
  13-45  Unless limited by court order, a parent appointed as a conservator
  13-46  of a child has the following rights and duties during the period
  13-47  that the parent has possession of the child:
  13-48              (1)  the duty of care, control, protection, and
  13-49  reasonable discipline of the child;
  13-50              (2)  the duty to support the child, including providing
  13-51  the child with clothing, food, shelter, and medical and dental care
  13-52  not involving an invasive procedure; <and>
  13-53              (3)  the right to consent for the child to medical and
  13-54  dental care not involving an invasive procedure;
  13-55              (4)  the right to consent for the child to medical,
  13-56  dental, and surgical treatment during an emergency involving
  13-57  immediate danger to the health and safety of the child; and
  13-58              (5)  the right to direct the moral and religious
  13-59  training of the child.
  13-60        SECTION 33.  Section 153.132, Family Code, as added by H.B.
  13-61  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  13-62  amended to read as follows:
  13-63        Sec. 153.132.  RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
  13-64  MANAGING CONSERVATOR.  Unless limited by court order, a parent
  13-65  appointed as sole managing conservator of a child has the rights
  13-66  and duties provided by Subchapter B and the following exclusive
  13-67  rights:
  13-68              (1)  the right to establish the primary residence of
  13-69  the child;
  13-70              (2)  the right to consent to medical, dental, and
   14-1  surgical treatment involving invasive procedures, and to consent to
   14-2  psychiatric and psychological treatment;
   14-3              (3)  the right to receive and give receipt for periodic
   14-4  payments for the support of the child and to hold or disburse these
   14-5  funds for the benefit of the child;
   14-6              (4)  the right to represent the child in legal action
   14-7  and to make other decisions of substantial legal significance
   14-8  concerning the child;
   14-9              (5)  the right to consent to marriage and to enlistment
  14-10  in the armed forces of the United States;
  14-11              (6)  the right to make decisions concerning the child's
  14-12  education;
  14-13              (7)  the right to the services and earnings of the
  14-14  child; and
  14-15              (8) <(7)>  except when a guardian of the child's estate
  14-16  or a guardian or attorney ad litem has been appointed for the
  14-17  child, the right to act as an agent of the child in relation to the
  14-18  child's estate if the child's action is required by a state, the
  14-19  United States, or a foreign government.
  14-20        SECTION 34.  Section 153.371, Family Code, as added by H.B.
  14-21  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  14-22  amended to read as follows:
  14-23        Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
  14-24  SOLE MANAGING CONSERVATOR.  Unless limited by court order or other
  14-25  provisions of this chapter, a nonparent, licensed child-placing
  14-26  agency, or authorized agency appointed as a managing conservator of
  14-27  the child has the following rights and duties:
  14-28              (1)  the right to have physical possession and <,> to
  14-29  direct the moral and religious training<, and to establish the
  14-30  primary residence> of the child;
  14-31              (2)  the duty of care, control, protection, and
  14-32  reasonable discipline of the child;
  14-33              (3)  the duty to provide the child with clothing, food,
  14-34  shelter, <and> education, and medical, psychological, and dental
  14-35  care;
  14-36              (4)  the right to consent for the child to medical,
  14-37  psychiatric, psychological, dental, and surgical treatment;
  14-38              (5)  the right to receive and give receipt for payments
  14-39  for the support of the child and to hold or disburse funds for the
  14-40  benefit of the child;
  14-41              (6)  the right to the services and earnings of the
  14-42  child;
  14-43              (7)  the right to consent to marriage and to enlistment
  14-44  in the armed forces of the United States;
  14-45              (8)  the right to represent the child in legal action
  14-46  and to make other decisions of substantial legal significance
  14-47  concerning the child;
  14-48              (9)  except when a guardian of the child's estate or a
  14-49  guardian or attorney ad litem has been appointed for the child, the
  14-50  right to act as an agent of the child in relation to the child's
  14-51  estate if the child's action is required by a state, the United
  14-52  States, or a foreign government; <and>
  14-53              (10)  the right to establish the primary residence of
  14-54  the child and to make decisions regarding the child's education;
  14-55  and
  14-56              (11)  if the parent-child relationship has been
  14-57  terminated with respect to the parents, or only living parent, or
  14-58  if there is no living parent, the right to consent to the adoption
  14-59  of the child and to make any other decision concerning the child
  14-60  that a parent could make.
  14-61        SECTION 35.  Section 153.256, Family Code, as added by H.B.
  14-62  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  14-63  amended to read as follows:
  14-64        Sec. 153.256.  FACTORS FOR COURT TO CONSIDER.  In ordering
  14-65  the terms of possession of a child under an order other than a
  14-66  standard possession order, the court shall be guided by the
  14-67  guidelines established by the standard possession order and may
  14-68  consider:
  14-69              (1)  the age, developmental status, circumstances,
  14-70  needs, and best interest of the child;
   15-1              (2)  the circumstances of the managing conservator and
   15-2  of the parent named as a possessory conservator; and
   15-3              (3)  any other relevant factor.
   15-4        SECTION 36.  Section 153.313, Family Code, as added by H.B.
   15-5  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   15-6  amended to read as follows:
   15-7        Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART.  If
   15-8  the possessory conservator resides more than 100 miles from the
   15-9  residence of the child, the possessory conservator shall have the
  15-10  right to possession of the child as follows:
  15-11              (1)  either regular weekend possession beginning on the
  15-12  first, third, and fifth Friday as provided under the terms
  15-13  applicable to parents who reside 100 miles or less apart or not
  15-14  more than one weekend per month of the possessory conservator's
  15-15  choice beginning at 6 p.m. on the day school recesses for the
  15-16  weekend and ending at 6 p.m. on the day before school resumes after
  15-17  the weekend, provided that the possessory conservator gives the
  15-18  managing conservator 14 <seven> days' written or telephonic notice
  15-19  preceding a designated weekend, and provided that the possessory
  15-20  conservator elects an option for this alternative period of
  15-21  possession by written notice given to the managing conservator
  15-22  within 90 days after the parties begin to reside more than 100
  15-23  miles apart, as applicable;
  15-24              (2)  each year beginning on the day the child is
  15-25  dismissed from school for the school's spring vacation and ending
  15-26  at 6 p.m. on the day before school resumes after that vacation;
  15-27              (3)  if the possessory conservator:
  15-28                    (A)  gives the managing conservator written
  15-29  notice by May 1 of each year specifying an extended period or
  15-30  periods of summer possession, the possessory conservator shall have
  15-31  possession of the child for 42 days beginning not earlier than the
  15-32  day after the child's school is dismissed for the summer vacation
  15-33  and ending not later than seven days before school resumes at the
  15-34  end of the summer vacation, to be exercised in not more than two
  15-35  separate periods of at least seven consecutive days each; or
  15-36                    (B)  does not give the managing conservator
  15-37  written notice by May 1 of each year specifying an extended period
  15-38  or periods of summer possession, the possessory conservator shall
  15-39  have possession of the child for 42 consecutive days beginning at 6
  15-40  p.m. on June 15 and ending at 6 p.m. on July 27;
  15-41              (4)  if the managing conservator gives the possessory
  15-42  conservator written notice by June 1 of each year the managing
  15-43  conservator shall have possession of the child on one weekend
  15-44  beginning Friday at 6 p.m. and ending at 6 p.m. on the following
  15-45  Sunday during one period of possession by the possessory
  15-46  conservator under Subdivision (3), provided that if a period of
  15-47  possession by the possessory conservator exceeds 30 days, the
  15-48  managing conservator may have possession of the child under the
  15-49  terms of this subdivision on two nonconsecutive weekends during
  15-50  that time period, and further provided that the managing
  15-51  conservator picks up the child from the possessory conservator and
  15-52  returns the child to that same place; and
  15-53              (5)  if the managing conservator gives the possessory
  15-54  conservator written notice by June 1 <May 15> of each year <or
  15-55  gives the possessory conservator 30 days' written notice on or
  15-56  after May 16 of each year>, the managing conservator may designate
  15-57  21 days beginning not earlier than the day after the child's school
  15-58  is dismissed for the summer vacation and ending not later than
  15-59  seven days before school resumes at the end of the summer vacation,
  15-60  to be exercised in not more than two separate periods of at least
  15-61  seven consecutive days each, during which the possessory
  15-62  conservator may not have possession of the child, provided that the
  15-63  period or periods so designated do not interfere with the
  15-64  possessory conservator's period or periods of extended summer
  15-65  possession or with Father's Day if the possessory conservator is
  15-66  the father of the child.
  15-67        SECTION 37.  Section 154.001, Family Code, as added by H.B.
  15-68  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  15-69  amended to read as follows:
  15-70        Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order
   16-1  either or both parents to support a child in the manner specified
   16-2  by the order:
   16-3              (1)  until the child is 18 years of age or until
   16-4  graduation from high school, whichever occurs later;
   16-5              (2)  until the child is emancipated through marriage,
   16-6  through removal of the disabilities of minority by court order, or
   16-7  by other operation of law;
   16-8              (3)  until the death of the child; or
   16-9              (4)  if the child is disabled as defined in this
  16-10  chapter, for an indefinite period.
  16-11        (b)  The court may order either or both parents to make
  16-12  periodic payments for the support of a child in a proceeding in
  16-13  which the Department of Protective and Regulatory Services is named
  16-14  temporary managing conservator.  In a proceeding in which the
  16-15  Department of Protective and Regulatory Services is named permanent
  16-16  managing conservator of a child whose parents' rights have not been
  16-17  terminated, the court shall order each parent that is financially
  16-18  able to make periodic payments for the support of the child.
  16-19        SECTION 38.  Subchapter A, Chapter 154, Family Code, as added
  16-20  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  16-21  1995, is amended by adding Section 154.011 to read as follows:
  16-22        Sec. 154.011.  SUPPORT NOT CONDITIONED ON POSSESSION OR
  16-23  ACCESS.  A court may not render an order that conditions the
  16-24  payment of child support on whether a managing conservator allows a
  16-25  possessory conservator to have possession of or access to a child.
  16-26        SECTION 39.  Subsection (d), Section 154.062, Family Code, as
  16-27  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  16-28  Session, 1995, is amended to read as follows:
  16-29        (d)  The court shall deduct the following items from
  16-30  resources to determine the net resources available for child
  16-31  support:
  16-32              (1)  social security taxes;
  16-33              (2)  federal income tax based on the tax rate for a
  16-34  single person claiming one personal exemption and the standard
  16-35  deduction;
  16-36              (3)  state income tax;
  16-37              (4)  union dues; and
  16-38              (5) <(4)>  expenses for health insurance coverage for
  16-39  the obligor's child.
  16-40        SECTION 40.  Section 154.241, Family Code, as added by H.B.
  16-41  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  16-42  amended by adding Subsection (e) to read as follows:
  16-43        (e)  Subject to Section 154.004, at the request of an
  16-44  obligee, a local registry shall redirect and forward a child
  16-45  support payment to an address and in care of a person or entity
  16-46  designated by the obligee.  A local registry may require that the
  16-47  obligee's request be in writing or be made on a form provided by
  16-48  the local registry for that purpose, but may not charge a fee for
  16-49  receiving the request or redirecting the payments as requested.
  16-50        SECTION 41.  Subchapter F, Chapter 154, Family Code, as added
  16-51  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  16-52  1995, is amended by adding Section 154.309 to read as follows:
  16-53        Sec. 154.309.  POSSESSION OF OR ACCESS TO ADULT DISABLED
  16-54  CHILD.  (a)  A court may render an order for the possession of or
  16-55  access to an adult disabled child that is appropriate under the
  16-56  circumstances.
  16-57        (b)  Possession of or access to an adult disabled child is
  16-58  enforceable in the manner provided by Chapter 157.  An adult
  16-59  disabled child may refuse possession or access if the adult
  16-60  disabled child is mentally competent.
  16-61        SECTION 42.  Subsections (a), (b), and (d), Section 155.101,
  16-62  Family Code, as added by H.B. No. 655, Acts of the 74th
  16-63  Legislature, Regular Session, 1995, are amended to read as follows:
  16-64        (a)  The petitioner or the court shall request from the
  16-65  bureau of vital statistics <Department of Protective and Regulatory
  16-66  Services> identification of the court that last had continuing,
  16-67  exclusive jurisdiction of the child in a suit unless:
  16-68              (1)  the petition alleges that no court has continuing,
  16-69  exclusive jurisdiction of the child and the issue is not disputed
  16-70  by the pleadings; or
   17-1              (2)  the petition alleges that the court in which the
   17-2  suit, petition for further remedy, or petition to modify has been
   17-3  filed has acquired and retains continuing, exclusive jurisdiction
   17-4  of the child as the result of a prior proceeding and the issue is
   17-5  not disputed by the pleadings.
   17-6        (b)  The bureau of vital statistics <department> shall, on
   17-7  the written request of the court, an attorney, or a party:
   17-8              (1)  identify the court that last had continuing,
   17-9  exclusive jurisdiction of the child in a suit and give the docket
  17-10  number of the suit; or
  17-11              (2)  state that the child has not been the subject of a
  17-12  suit.
  17-13        (d)  The bureau of vital statistics <department> shall
  17-14  transmit the information not later than the 10th day after the date
  17-15  on which the request is received.
  17-16        SECTION 43.  Section 155.103, Family Code, as added by H.B.
  17-17  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  17-18  amended to read as follows:
  17-19        Sec. 155.103.  RELIANCE ON DEPARTMENT INFORMATION.  (a)  A
  17-20  court shall have jurisdiction over a suit if it has been, correctly
  17-21  or incorrectly, informed by the bureau of vital statistics
  17-22  <Department of Protective and Regulatory Services> that the child
  17-23  has not been the subject of a suit and the petition states that no
  17-24  other court has continuing, exclusive jurisdiction over the child.
  17-25        (b)  If the bureau of vital statistics <department> notifies
  17-26  the court that the bureau <department> has furnished incorrect
  17-27  information regarding the existence of another court with
  17-28  continuing, exclusive jurisdiction before the rendition of a final
  17-29  order, the provisions of this chapter apply.
  17-30        SECTION 44.  Section 155.104, Family Code, as added by H.B.
  17-31  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  17-32  amended to read as follows:
  17-33        Sec. 155.104.  VOIDABLE ORDER.  (a)  If a request for
  17-34  information from the bureau of vital statistics <Department of
  17-35  Protective and Regulatory Services> relating to the identity of the
  17-36  court having continuing, exclusive jurisdiction of the child has
  17-37  been made under this subchapter, a final order, except an order of
  17-38  dismissal, may not be rendered until the information is filed with
  17-39  the court.
  17-40        (b)  If a final order is rendered in the absence of the
  17-41  filing of the information from the bureau of vital statistics
  17-42  <department>, the order is voidable on a showing that a court other
  17-43  than the court that rendered the order had continuing, exclusive
  17-44  jurisdiction.
  17-45        SECTION 45.  Section 156.101, Family Code, as added by H.B.
  17-46  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  17-47  amended to read as follows:
  17-48        Sec. 156.101.  GROUNDS FOR MODIFICATION OF SOLE MANAGING
  17-49  CONSERVATORSHIP.  (a)  The court may modify an order that
  17-50  designates a sole managing conservator of a child of any age if:
  17-51              (1)  the circumstances of the child, sole managing
  17-52  conservator, possessory conservator, or other party affected by the
  17-53  order have materially and substantially changed since the date of
  17-54  the rendition of the order;
  17-55              (2)  the retention of the present sole managing
  17-56  conservator would be injurious to the welfare of the child; and
  17-57              (3)  the appointment of the new sole managing
  17-58  conservator would be a positive improvement for the child.
  17-59        (b)  The court may modify an order that designates a sole
  17-60  managing conservator of a child 12 years of age or older if:
  17-61              (1)  the child has filed with the court in writing the
  17-62  name of the person who is the child's choice for managing
  17-63  conservator; and
  17-64              (2)  the court finds that the appointment of the named
  17-65  person is in the best interest of the child.
  17-66        SECTION 46.  Section 156.203, Family Code, as added by H.B.
  17-67  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  17-68  amended to read as follows:
  17-69        Sec. 156.203.  MODIFICATION FROM JOINT MANAGING
  17-70  CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP.  The court may
   18-1  replace a joint managing conservatorship with a sole managing
   18-2  conservatorship if:
   18-3              (1)(A)  the child's present living environment may
   18-4  endanger the child's physical health or significantly impair the
   18-5  child's emotional development <welfare of the child is a matter of
   18-6  immediate and serious concern>;
   18-7                    (B)  there has been a substantial and unexcused
   18-8  violation of the terms and conditions established in the existing
   18-9  conservatorship order; or
  18-10                    (C)  the circumstances of the child or of one or
  18-11  both of the joint managing conservators have so materially and
  18-12  substantially changed since the rendition of the order that it has
  18-13  become unworkable or inappropriate under existing circumstances;
  18-14  and
  18-15              (2)  the appointment of a sole managing conservator
  18-16  would be a positive improvement for and in the best interest of the
  18-17  child.
  18-18        SECTION 47.  Subsection (c), Section 157.062, Family Code, as
  18-19  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  18-20  Session, 1995, is amended to read as follows:
  18-21        (c)  Notice <Except as provided in this chapter, the notice>
  18-22  of hearing on a motion for enforcement of an existing order
  18-23  providing for child support or possession of or access to a child
  18-24  shall be given to the respondent by personal service of a copy of
  18-25  the motion and notice not later than the 10th day before the date
  18-26  of the hearing.
  18-27        SECTION 48.  Section 157.066, Family Code, as added by H.B.
  18-28  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  18-29  amended to read as follows:
  18-30        Sec. 157.066.  FAILURE TO APPEAR.  <(a)>  If a respondent who
  18-31  has been personally served with <sent> notice <by first class mail>
  18-32  to appear at a hearing does not appear at the designated time,
  18-33  place, and date to respond to a motion for enforcement of an
  18-34  existing court order, regardless of whether the motion is joined
  18-35  with other claims or remedies, the court may not hold the
  18-36  respondent in contempt but may, on proper proof, grant a default
  18-37  judgment for the relief sought and <personal service of notice of a
  18-38  hearing shall be attempted.>
  18-39        <(b)  The court shall> issue a capias for the arrest of the
  18-40  respondent <a party if:>
  18-41              <(1)  the party is allegedly in arrears in
  18-42  court-ordered child support payments;>
  18-43              <(2)  the party has been ordered as provided in Chapter
  18-44  105 to provide the clerk of the court with the party's current
  18-45  mailing address;>
  18-46              <(3)  the party did not appear at the hearing; and>
  18-47              <(4)  subsequently an attempt to serve notice of the
  18-48  hearing by personal service on the party has been unsuccessful
  18-49  despite diligent efforts to serve process at the latest address on
  18-50  file with the clerk and at any other address known to the moving
  18-51  party at which the respondent may be served>.
  18-52        SECTION 49.  Subchapter D, Chapter 157, Family Code, as added
  18-53  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  18-54  1995, is amended by adding Section 157.168 to read as follows:
  18-55        Sec. 157.168.  ADDITIONAL PERIODS OF POSSESSION OR ACCESS.  A
  18-56  court may order additional periods of possession of or access to a
  18-57  child to compensate for the denial of court-ordered possession or
  18-58  access.
  18-59        SECTION 50.  Section 157.265, Family Code, as added by H.B.
  18-60  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  18-61  amended to read as follows:
  18-62        Sec. 157.265.  ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
  18-63  SUPPORT.  (a)  Interest accrues on delinquent child support at the
  18-64  rate of 12 percent simple interest per year from the date the
  18-65  support is delinquent until the date the support is paid or the
  18-66  arrearages are confirmed and reduced to money judgment.
  18-67        (b)  Interest accrues on child support arrearages that have
  18-68  been confirmed and reduced to money judgment as provided in this
  18-69  subchapter at the rate of 12 percent simple interest per year from
  18-70  the date the order is rendered until the date the judgment is paid.
   19-1        (c)  Interest accrues on a money judgment for retroactive or
   19-2  lump-sum child support at the annual rate of 12 percent simple
   19-3  interest from the date the order is rendered until the judgment is
   19-4  paid.
   19-5        SECTION 51.  Subchapter F, Chapter 157, Family Code, as added
   19-6  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
   19-7  1995, is amended by adding Section 157.269 to read as follows:
   19-8        Sec. 157.269.  RETENTION OF JURISDICTION.  A court that
   19-9  renders an order providing for the payment of child support
  19-10  arrearages retains jurisdiction until the arrearages are paid in
  19-11  full as required by the court order.
  19-12        SECTION 52.  Subchapter A, Chapter 158, Family Code, as added
  19-13  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  19-14  1995, is amended by adding Section 158.011 to read as follows:
  19-15        Sec. 158.011.  VOLUNTARY WITHHOLDING BY OBLIGOR.  (a)  An
  19-16  obligor may file with the clerk of the court a notarized request
  19-17  signed by the obligor and the obligee for the issuance and delivery
  19-18  to the obligor's employer of a writ of withholding.  A request may
  19-19  be filed under this section regardless of whether a notice of
  19-20  delinquency has been served on any party or of the existence or
  19-21  amount of an arrearage.
  19-22        (b)  On receipt of a request under this section, the clerk
  19-23  shall issue and deliver a writ of withholding in the manner
  19-24  provided by this chapter.
  19-25        (c)  An employer that receives a writ of withholding issued
  19-26  under this section may request a hearing in the same manner and
  19-27  according to the same terms provided by Section 158.205.
  19-28        (d)  An obligor whose employer receives a writ of withholding
  19-29  issued under this section may request a hearing in the manner
  19-30  provided by Section 158.309.
  19-31        (e)  An obligee may contest a writ of withholding issued
  19-32  under this section by requesting, not later than the 180th day
  19-33  after the date on which the obligee discovers that the writ has
  19-34  been issued, a hearing in the manner provided by Section 158.309.
  19-35        (f)  A writ of withholding under this section may not reduce
  19-36  the total amount of child support, including arrearages, owed by
  19-37  the obligor.
  19-38        SECTION 53.  Subchapter B, Chapter 158, Family Code, as added
  19-39  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  19-40  1995, is amended by adding Section 158.107 to read as follows:
  19-41        Sec. 158.107.  FEES FOR ISSUING AND DELIVERING WRIT.  The
  19-42  clerk of the court may charge a fee in a reasonable amount set by
  19-43  the clerk, not to exceed $15, for each writ issued and delivered
  19-44  under this chapter to an employer by mail.
  19-45        SECTION 54.  Subsection (b), Section 158.301, Family Code, as
  19-46  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  19-47  Session, 1995, is amended to read as follows:
  19-48        (b)  The notice of withholding may be filed in the court of
  19-49  continuing jurisdiction by:
  19-50              (1)  the Title IV-D agency;
  19-51              (2)  the attorney representing the local domestic
  19-52  relations office;
  19-53              (3)  the attorney appointed a friend of the court as
  19-54  provided in Chapter 202; <or>
  19-55              (4)  the obligor or obligee; or
  19-56              (5)  a private attorney representing the obligor or
  19-57  obligee.
  19-58        SECTION 55.  Subsection (b), Section 158.309, Family Code, as
  19-59  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  19-60  Session, 1995, is amended to read as follows:
  19-61        (b)  The court shall hold a hearing on the motion to stay not
  19-62  later than the 30th day after the date the motion was filed, except
  19-63  that a hearing on a motion to stay in a proceeding that is not in a
  19-64  Title IV-D case may be held later than the 30th day after filing if
  19-65  both the obligor and obligee agree and waive the right to have the
  19-66  motion heard within 30 days.
  19-67        SECTION 56.  Subchapter D, Chapter 158, Family Code, as added
  19-68  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  19-69  1995, is amended by adding Section 158.319 to read as follows:
  19-70        Sec. 158.319.  ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
   20-1  TO SUBSEQUENT EMPLOYER.  (a)  After the issuance of a writ of
   20-2  withholding by the clerk, an attorney authorized to file a notice
   20-3  of withholding under this subchapter may issue the writ of
   20-4  withholding to a subsequent employer of the obligor by delivering
   20-5  to the employer by certified mail a copy of the writ.
   20-6        (b)  The writ must include the name, address, and signature
   20-7  of the attorney and clearly indicate that the writ is being issued
   20-8  to a subsequent employer.
   20-9        (c)  The attorney shall file a copy of the writ with the
  20-10  clerk not later than the third working day following delivery of
  20-11  the writ to the subsequent employer.  The attorney shall pay the
  20-12  clerk a fee of $15 at the time the copy of the writ is filed.
  20-13        (d)  The attorney shall file the postal return receipt from
  20-14  the delivery to the subsequent employer not later than the third
  20-15  working day after the attorney receives the receipt.
  20-16        SECTION 57.  Subchapter E, Chapter 158, Family Code, as added
  20-17  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  20-18  1995, is amended by adding new Sections 158.402 and 158.403 and
  20-19  redesignating existing Sections 158.402 and 158.403 to read as
  20-20  follows:
  20-21        Sec. 158.402.  EFFECT OF AGREEMENT BY PARTIES.  If an obligor
  20-22  and obligee agree on a reduction in or termination of child
  20-23  support, the obligor and obligee may file a notarized request with
  20-24  the clerk of the court under Section 158.011.  The clerk shall
  20-25  issue and deliver a writ of withholding to the obligor's employer
  20-26  that reflects the agreed modification or the termination of
  20-27  withholding.
  20-28        Sec. 158.403.  MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
  20-29  IN VOLUNTARY WITHHOLDING CASES.  (a)  If an obligor initiates
  20-30  voluntary withholding under Section 158.011, the obligee or an
  20-31  agency providing child support services may file with the clerk of
  20-32  the court a notarized request signed by the obligor and the obligee
  20-33  or agency, as appropriate, for the issuance and delivery to the
  20-34  obligor of a:
  20-35              (1)  modified writ of withholding that reduces the
  20-36  amount of withholding; or
  20-37              (2)  notice of termination of withholding.
  20-38        (b)  On receipt of a request under this section, the clerk
  20-39  shall issue and deliver a modified writ of withholding or notice of
  20-40  termination in the manner provided by Section 158.402.
  20-41        (c)  The clerk may charge a reasonable fee not to exceed $15
  20-42  for filing the request.
  20-43        (d)  An obligee may contest a modified writ of withholding or
  20-44  notice of termination issued under this section by requesting a
  20-45  hearing in the manner provided by Section 158.309 not later than
  20-46  the 180th day after the date the obligee discovers that the writ or
  20-47  notice has been issued.
  20-48        Sec. 158.404  <158.402>.  DELIVERY OF ORDER OF REDUCTION OR
  20-49  TERMINATION OF WITHHOLDING.  If a court has rendered an order that
  20-50  reduces the amount of child support to be withheld or terminates
  20-51  withholding for child support, any person or governmental entity
  20-52  may deliver to the employer a certified copy of the order without
  20-53  the requirement that the clerk of the court deliver the order.
  20-54        Sec. 158.405 <158.403>.  LIABILITY OF EMPLOYERS.  The
  20-55  provisions of this chapter regarding the liability of employers for
  20-56  withholding apply to an order that reduces or terminates
  20-57  withholding.
  20-58        SECTION 58.  Section 160.101, Family Code, as added by H.B.
  20-59  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  20-60  amended to read as follows:
  20-61        Sec. 160.101.  DENIAL OF PATERNITY.  (a)  The presumption
  20-62  that a <A> man <who> is the biological <a presumed> father of a
  20-63  child under Chapter 151 may be contested by:
  20-64              (1)  <,> the biological mother of the child;
  20-65              (2)  a man presumed to be the father of the child, who
  20-66  may contest his own or another man's presumed paternity;
  20-67              (3)  a man alleging himself to be the biological father
  20-68  of the child; or
  20-69              (4)  <, or> a governmental entity, authorized agency,
  20-70  or a licensed child-placing agency <is entitled in a suit to deny a
   21-1  presumed father's paternity of the child>.
   21-2        (b)  A contest <The question> of paternity <under this
   21-3  section> must be raised by an express statement denying paternity
   21-4  of the child in a party's pleadings in the suit, without regard to
   21-5  whether the presumed father or biological mother is a petitioner or
   21-6  respondent.
   21-7        (c) <(b)>  In a suit in which a question of paternity is
   21-8  raised <under this section>, the court shall conduct the pretrial
   21-9  proceedings and order scientifically accepted paternity testing as
  21-10  <required in a suit> provided by this chapter.
  21-11        SECTION 59.  Section 160.110, Family Code, as added by H.B.
  21-12  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  21-13  amended by amending Subsection (a) and by adding Subsections (d),
  21-14  (e), (f), (g), and (h) to read as follows:
  21-15        (a)  In a suit in which there is a presumption of parentage
  21-16  under Chapter 151, the party denying a presumed father's paternity
  21-17  of the child has the burden of rebutting the presumption of
  21-18  paternity by clear and convincing evidence.
  21-19        (d)  The court shall dismiss with prejudice a claim regarding
  21-20  a presumed father whose paternity is excluded by scientifically
  21-21  accepted paternity testing.
  21-22        (e)  If two or more presumptions are in conflict, the
  21-23  presumption that is founded on the weightier considerations of
  21-24  policy and logic controls.  The court shall find that the weightier
  21-25  presumption of paternity is that of a presumed father who is not
  21-26  excluded as the biological father of the child by scientifically
  21-27  accepted paternity testing that shows that at least 99 percent of
  21-28  the male population is excluded.
  21-29        (f)  The court shall dismiss a suit contesting a presumption
  21-30  of paternity filed by a man who is not a presumed father, but who
  21-31  alleges himself to be the biological father of a child, if:
  21-32              (1)  the suit is filed after the second anniversary of
  21-33  the later of:
  21-34                    (A)  the date of birth of the child; or
  21-35                    (B)  the time the presumption of paternity came
  21-36  into existence after the child was born; and
  21-37              (2)  the presumed father:
  21-38                    (A)  has resided in the same household as the
  21-39  child in a father-child relationship or has established a
  21-40  father-child relationship with the child through his other actions;
  21-41  and
  21-42                    (B)  requests an order designating him as the
  21-43  father of the child.
  21-44        (g)  A suit contesting a presumption that a man is the
  21-45  biological father of a child may be filed at any time during the
  21-46  minority of the child by:
  21-47              (1)  the biological mother of the child;
  21-48              (2)  a presumed father; or
  21-49              (3)  a governmental entity, authorized agency, or
  21-50  licensed child-placing agency.
  21-51        (h)  If a presumption of paternity is rebutted, the court
  21-52  shall enter an order finding that the man presumed to be the father
  21-53  of the child is not the biological father.
  21-54        SECTION 60.  Section 161.001, Family Code, as added by H.B.
  21-55  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  21-56  amended to read as follows:
  21-57        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
  21-58  RELATIONSHIP.  The court may order termination of the parent-child
  21-59  relationship if the court finds <that>:
  21-60              (1)  that the parent has:
  21-61                    (A)  voluntarily left the child alone or in the
  21-62  possession of another not the parent and expressed an intent not to
  21-63  return;
  21-64                    (B)  voluntarily left the child alone or in the
  21-65  possession of another not the parent without expressing an intent
  21-66  to return, without providing for the adequate support of the child,
  21-67  and remained away for a period of at least three months;
  21-68                    (C)  voluntarily left the child alone or in the
  21-69  possession of another without providing adequate support of the
  21-70  child and remained away for a period of at least six months;
   22-1                    (D)  knowingly placed or knowingly allowed the
   22-2  child to remain in conditions or surroundings which endanger the
   22-3  physical or emotional well-being of the child;
   22-4                    (E)  engaged in conduct or knowingly placed the
   22-5  child with persons who engaged in conduct which endangers the
   22-6  physical or emotional well-being of the child;
   22-7                    (F)  failed to support the child in accordance
   22-8  with his ability during a period of one year ending within six
   22-9  months of the date of the filing of the petition;
  22-10                    (G)  abandoned the child without identifying the
  22-11  child or furnishing means of identification, and the child's
  22-12  identity cannot be ascertained by the exercise of reasonable
  22-13  diligence;
  22-14                    (H)  voluntarily, and with knowledge of the
  22-15  pregnancy, abandoned the mother of the child beginning at a time
  22-16  during her pregnancy with the child and continuing through the
  22-17  birth, failed to provide adequate support or medical care for the
  22-18  mother during the period of abandonment before the birth of the
  22-19  child, and remained apart from the child or failed to support the
  22-20  child since the birth;
  22-21                    (I)  contumaciously refused to submit to a
  22-22  reasonable and lawful order of a court under Chapter 264;
  22-23                    (J)  been the major cause of:
  22-24                          (i)  the failure of the child to be
  22-25  enrolled in school as required by the Education Code; or
  22-26                          (ii)  the child's absence from the child's
  22-27  home without the consent of the parents or guardian for a
  22-28  substantial length of time or without the intent to return;
  22-29                    (K)  executed before or after the suit is filed
  22-30  an unrevoked or irrevocable affidavit of relinquishment of parental
  22-31  rights as provided by this chapter;
  22-32                    (L)  been adjudicated to be criminally
  22-33  responsible for the death or serious injury of a child <another of
  22-34  his or her children>; <or>
  22-35                    (M)  had his or her parent-child relationship
  22-36  terminated with respect to another child based on a finding that
  22-37  the parent's conduct was in violation of Paragraph (D) or (E); or
  22-38                    (N)  constructively abandoned the child who has
  22-39  been in the permanent or temporary managing conservatorship of the
  22-40  Department of Protective and Regulatory Services or an authorized
  22-41  agency for not less than one year, and:
  22-42                          (i)  the department or authorized agency
  22-43  has made reasonable efforts to return the child to the parent;
  22-44                          (ii)  the parent has not visited or
  22-45  maintained contact with the child; and
  22-46                          (iii)  the parent has demonstrated an
  22-47  inability to provide the child with a safe environment; and
  22-48              (2)  that termination is in the best interest of the
  22-49  child.
  22-50        SECTION 61.  Subsection (a), Section 161.003, Family Code, as
  22-51  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  22-52  Session, 1995, is amended to read as follows:
  22-53        (a)  The court may order termination of the parent-child
  22-54  relationship in a suit filed by the Department of Protective and
  22-55  Regulatory Services if the court finds that:
  22-56              (1)  the parent has a mental or emotional illness or a
  22-57  mental deficiency that renders the parent unable to provide for the
  22-58  physical, emotional, and mental needs of the child;
  22-59              (2)  the illness or deficiency, in all reasonable
  22-60  probability, proved by clear and convincing evidence, will continue
  22-61  to render the parent unable to provide for the child's needs until
  22-62  the 18th birthday of the child;
  22-63              (3)  the department has been the temporary or sole
  22-64  <permanent> managing conservator of the child of the parent for the
  22-65  six months preceding the filing of the petition; and
  22-66              (4)  the termination is in the best interest of the
  22-67  child.
  22-68        SECTION 62.  Section 161.005, Family Code, as added by H.B.
  22-69  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  22-70  amended to read as follows:
   23-1        Sec. 161.005.  TERMINATION WHEN PARENT IS PETITIONER.  (a)  A
   23-2  parent may file a suit for termination of the petitioner's
   23-3  parent-child relationship.  The court may order termination if
   23-4  termination is in the best interest of the child.
   23-5        (b)  If the petition designates the Department of Protective
   23-6  and Regulatory Services as managing conservator, the department
   23-7  shall be given service of citation.  The court shall notify the
   23-8  department if the court appoints the department as the managing
   23-9  conservator of the child.
  23-10        SECTION 63.  Subsection (a), Section 162.010, Family Code, as
  23-11  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  23-12  Session, 1995, is amended to read as follows:
  23-13        (a)  Unless the managing conservator is the petitioner, the
  23-14  written consent of a managing conservator to the adoption must be
  23-15  filed.  The court may waive the requirement of consent by the
  23-16  managing conservator if the court finds that the consent is being
  23-17  refused or has been revoked without good cause.   A hearing on the
  23-18  issue of consent shall be conducted by the court without a jury.
  23-19        SECTION 64.  Section 161.104, Family Code, as added by H.B.
  23-20  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  23-21  amended to read as follows:
  23-22        Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
  23-23  PENDING COURT APPOINTMENT.  A person, licensed child-placing
  23-24  agency, or authorized agency designated managing conservator of a
  23-25  child in an irrevocable or unrevoked affidavit of relinquishment
  23-26  has a right to possession of the child superior to the right of the
  23-27  person executing the affidavit, the right to consent to medical,
  23-28  <and> surgical, dental, and psychological treatment of the child,
  23-29  and the rights and duties given by Chapter 153 to a possessory
  23-30  conservator until such time as these rights and duties are modified
  23-31  or terminated by court order.
  23-32        SECTION 65.  Subsection (d), Section 161.107, Family Code, as
  23-33  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  23-34  Session, 1995, is amended to read as follows:
  23-35        (d)  If the department is not able to locate a missing parent
  23-36  or a relative of that parent and sufficient information is
  23-37  available concerning the physical whereabouts of the parent or
  23-38  relative, the department shall request the state agency designated
  23-39  to administer a statewide plan for child support to use the
  23-40  parental locator service established under 42 U.S.C. Section 653 to
  23-41  determine the location of the missing parent or relative.
  23-42        SECTION 66.  Subsection (b), Section 162.004, Family Code, as
  23-43  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  23-44  Session, 1995, is amended to read as follows:
  23-45        (b)  For good cause shown, the court may set the hearing at
  23-46  any date after the report is filed <time that provides adequate
  23-47  time for filing the social study>.
  23-48        SECTION 67.  Section 162.015, Family Code, as added by H.B.
  23-49  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  23-50  amended to read as follows:
  23-51        Sec. 162.015.  RACE OR ETHNICITY.  (a)  In determining the
  23-52  best interest of the child, the court may not deny or delay the
  23-53  adoption or otherwise discriminate on the basis of race or
  23-54  ethnicity of the child or the prospective adoptive parents.
  23-55        (b)  This section does not apply to a person, entity, tribe,
  23-56  organization, or child custody proceeding subject to the Indian
  23-57  Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.).  In
  23-58  this subsection "child custody proceeding" has the meaning provided
  23-59  by 25 U.S.C. Section 1903.
  23-60        SECTION 68.  Subsection (b), Section 162.021, Family Code, as
  23-61  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  23-62  Session, 1995, is amended to read as follows:
  23-63        (b)  Rendition of the order does not relieve the clerk from
  23-64  the duty to send the files or petitions and decrees of adoption to
  23-65  the bureau of vital statistics <department> as required by this
  23-66  subchapter.
  23-67        SECTION 69.  Subsections (b), (c), (d), (e), (f), and (g),
  23-68  Section 162.405, Family Code, as added by H.B. No. 655, Acts of the
  23-69  74th Legislature, Regular Session, 1995, are amended to read as
  23-70  follows:
   24-1        (b)  <The clerk of the court in which an adoption is granted
   24-2  shall, on or before the 10th day of the first month after the month
   24-3  in which the adoption is granted, transmit to the administrator of
   24-4  the central registry a report of adoption with respect to each
   24-5  adoption granted.  The report must include the following
   24-6  information:>
   24-7              <(1)  the name of the adopted child after adoption as
   24-8  shown in the final adoption decree;>
   24-9              <(2)  the birth date of the adopted child;>
  24-10              <(3)  the docket number of the adoption suit;>
  24-11              <(4)  the identity of the court granting the adoption;>
  24-12              <(5)  the date of the final adoption decree;>
  24-13              <(6)  the name and address of each parent, guardian,
  24-14  managing conservator, or other person whose consent to adoption was
  24-15  required or waived under Section 162.010 or whose parental rights
  24-16  were terminated in the adoption suit;>
  24-17              <(7)  the identity of the authorized agency, if any,
  24-18  through which the adopted child was placed for adoption; and>
  24-19              <(8)  the identity, address, and telephone number of
  24-20  the registry through which the adopted child may register as an
  24-21  adoptee.>
  24-22        <(c)>  An authorized agency may file with the administrator
  24-23  of the central registry a report of adoption with respect to any
  24-24  person adopted during the person's minority before January 1, 1984.
  24-25  The report may include:
  24-26              (1)  the name of the adopted child after adoption as
  24-27  shown in the final adoption decree;
  24-28              (2)  the birth date of the adopted child;
  24-29              (3)  the docket number of the adoption suit;
  24-30              (4)  the identity of the court granting the adoption;
  24-31              (5)  the date of the final adoption decree;
  24-32              (6)  the identity of the agency, if any, through which
  24-33  the adopted child was placed; and
  24-34              (7)  the identity, address, and telephone number of the
  24-35  registry through which the adopted child may register as an
  24-36  adoptee.
  24-37        (c) <(d)>  On receiving an inquiry by an adoptee who has
  24-38  provided satisfactory proof of age and identity and paid all
  24-39  required inquiry fees, the administrator of the central registry
  24-40  shall review the information on file in the central index.  If the
  24-41  index reveals that the adoptee was not placed for adoption through
  24-42  an authorized agency, the administrator of the central registry
  24-43  shall issue the adoptee an official certificate stating that the
  24-44  adoptee is entitled to apply for registration through the central
  24-45  registry.  If the index identifies an authorized agency through
  24-46  which the adoptee was placed for adoption, the administrator of the
  24-47  central registry shall determine the identity of the registry
  24-48  through which the adoptee may register.  If the administrator of
  24-49  the central registry cannot determine from the index whether the
  24-50  adoptee was placed for adoption through an authorized agency, the
  24-51  administrator of the central registry shall determine the identity
  24-52  of the registry with which the adoptee may register.
  24-53        (d) <(e)>  Each administrator shall, not later than the 30th
  24-54  day after the date of receiving an inquiry from the administrator
  24-55  of the central registry, respond in writing to the inquiry that the
  24-56  registrant was not placed for adoption by an agency served by that
  24-57  registry or that the registrant was placed for adoption by an
  24-58  agency served by that registry.  If the registrant was placed for
  24-59  adoption by an agency served by the registry, the administrator
  24-60  shall file a report with the administrator of the central registry
  24-61  including the information described by Subsections (b) <(c)>
  24-62  (1)-(6).
  24-63        (e) <(f)>  After completing the investigation, the
  24-64  administrator of the central registry shall issue an official
  24-65  certificate stating:
  24-66              (1)  the identity of the registry through which the
  24-67  adoptee may apply for registration, if known; or
  24-68              (2)  if the administrator cannot make a conclusive
  24-69  determination, that the adoptee is entitled to apply for
  24-70  registration through the central registry and is entitled to apply
   25-1  for registration through other registries created under this
   25-2  subchapter.
   25-3        (f) <(g)>  On receiving an inquiry by a birth parent who has
   25-4  provided satisfactory proof of identity and age and paid all
   25-5  required inquiry fees, the administrator of the central registry
   25-6  shall review the information on file in the central index and
   25-7  consult with the administrators of other registries in the state in
   25-8  order to determine the identity of the appropriate registry or
   25-9  registries through which the birth parent may register.  Each
  25-10  administrator shall, not later than the 30th day after the date of
  25-11  receiving an inquiry from the administrator of the central
  25-12  registry, respond in writing to the inquiry.  After completing the
  25-13  investigation, the administrator of the central registry shall
  25-14  provide the birth parent with a written statement either
  25-15  identifying the name, address, and telephone number of each
  25-16  registry through which registration would be appropriate or stating
  25-17  that after diligent inquiry the administrator cannot determine the
  25-18  specific registry or registries through which registration would be
  25-19  appropriate.
  25-20        SECTION 70.  Subchapter B, Chapter 201, Family Code, as added
  25-21  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  25-22  1995, is amended by adding Section 201.111 to read as follows:
  25-23        Sec. 201.111.  TIME TO ACT ON MASTER'S REPORT.  (a)  Except
  25-24  as provided by Subsection (b), not later than the 30th day after
  25-25  the date a master's report is filed, the referring court shall:
  25-26              (1)  adopt, approve, or reject the master's report;
  25-27              (2)  hear further evidence; or
  25-28              (3)  recommit the matter for further proceedings.
  25-29        (b)  The time limit in Subsection (a) does not apply if a
  25-30  party has filed a written notice of appeal to the referring court.
  25-31        SECTION 71.  Section 231.006, Family Code, as added by H.B.
  25-32  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  25-33  amended to read as follows:
  25-34        Sec. 231.006.  INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
  25-35  OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS.  (a)  A child support
  25-36  obligor who is more than 30 days delinquent in paying child support
  25-37  and a business entity in which the obligor is a sole proprietor,
  25-38  partner, shareholder, or owner with an ownership interest of at
  25-39  least 25 percent is not eligible to:
  25-40              (1)  receive payments from state funds under <submit a
  25-41  bid or enter into> a contract to provide property, materials, or
  25-42  services <under a contract with the state>; or
  25-43              (2)  receive a state-funded grant or loan.
  25-44        (b)  <A sole proprietorship, partnership, corporation, or
  25-45  other entity in which a sole proprietor, partner, majority
  25-46  shareholder, or substantial owner is a delinquent obligor who is
  25-47  ineligible to bid on a state contract as provided by this section
  25-48  may not bid on a state contract.>
  25-49        <(c)>  A child support obligor or business entity ineligible
  25-50  to receive payments under Subsection (a) remains ineligible <to
  25-51  submit a bid on or enter into a state contract or apply for a
  25-52  state-funded grant or loan as provided by this section> until:
  25-53              (1)  all arrearages have been paid; or
  25-54              (2)  the obligor is in compliance with a written
  25-55  repayment agreement or court order as to any existing delinquency.
  25-56        (c)  A bid or an application for a contract, grant, or loan
  25-57  paid from state funds must include the name and social security
  25-58  number of the individual or sole proprietor and each partner,
  25-59  shareholder, or owner with an ownership interest of at least 25
  25-60  percent of the business entity submitting the bid or application.
  25-61        (d)  A contract, bid, or application subject to the
  25-62  requirements of this section must include the following statement:
  25-63        "Under Section 231.006, Family Code, the vendor or applicant
  25-64  certifies that the individual or business entity named in this
  25-65  contract, bid, or application is not ineligible to receive the
  25-66  specified grant, loan, or payment and acknowledges that this
  25-67  contract may be terminated and payment may be withheld if this
  25-68  certification is inaccurate."
  25-69        (e)  If a state agency determines that an individual or
  25-70  business entity holding a state contract is ineligible to receive
   26-1  payment under Subsection (a), the contract may be terminated.
   26-2        (f)  If the certificate required under Subsection (d) is
   26-3  shown to be false, the vendor is liable to the state for attorney's
   26-4  fees, the costs necessary to complete the contract, including the
   26-5  cost of advertising and awarding a second contract, and any other
   26-6  damages provided by law or contract.
   26-7        (g)  This section does not create a cause of action to
   26-8  contest a bid or award of a state grant, loan, or contract.  This
   26-9  section does not impose a duty on the Title IV-D agency to collect
  26-10  information to send to the comptroller to withhold a payment to a
  26-11  business entity.  The Title IV-D agency and other affected agencies
  26-12  are encouraged to develop a system by which the Title IV-D agency
  26-13  may identify a business entity that is ineligible to receive a
  26-14  state payment under Subsection (a) and to ensure that a state
  26-15  payment to the entity is not made.  This system should be
  26-16  implemented using existing funds and only if the Title IV-D agency,
  26-17  comptroller, and other affected agencies determine that it will be
  26-18  cost-effective.
  26-19        (h)  This section does not apply to a contract between
  26-20  governmental entities.
  26-21        (i) <(d)  Each bidder for a state contract or applicant for a
  26-22  state funded loan or grant as provided by this section shall submit
  26-23  a signed, sworn statement accompanying any bid or application for a
  26-24  grant or loan affirming that the bidder or applicant is not more
  26-25  than 30 days delinquent in providing child support under a court
  26-26  order or a written repayment agreement.>
  26-27        <(e)>  The Title IV-D agency <and the General Services
  26-28  Commission> may adopt rules or prescribe forms to implement any
  26-29  provision of this section.
  26-30        SECTION 72.  Section 231.302, Family Code, as added by H.B.
  26-31  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  26-32  amended by adding Subsections (c), (d), (e), and (f) to read as
  26-33  follows:
  26-34        (c)  To assist in the administration of laws relating to
  26-35  child support enforcement under Parts A and D of Title IV of the
  26-36  federal Social Security Act, as amended (42 U.S.C. Sections 601-617
  26-37  and 651-669):
  26-38              (1)  each licensing authority shall request and each
  26-39  applicant for a license shall provide the applicant's social
  26-40  security number;
  26-41              (2)  each agency administering a contract that provides
  26-42  for a payment of state funds shall request and each individual or
  26-43  entity bidding on a state contract shall provide the individual's
  26-44  or entity's social security number as required by Section 231.006;
  26-45  and
  26-46              (3)  each agency administering a state-funded grant or
  26-47  loan program shall request and each applicant for a grant or loan
  26-48  shall provide the applicant's social security number as required by
  26-49  Section 231.006.
  26-50        (d)  This section does not limit the right of an agency or
  26-51  licensing authority to collect and use a social security number
  26-52  under another provision of law.
  26-53        (e)  Except as provided by Subsection (d), a social security
  26-54  number provided under this section is confidential and may be
  26-55  disclosed only for the purposes of responding to a request for
  26-56  information from an agency operating under the provisions of Parts
  26-57  A and D of Title IV of the federal Social Security Act, as amended
  26-58  (42 U.S.C. Sections 601-617 and 651-669).
  26-59        (f)  Information collected by the Title IV-D agency under
  26-60  this section may be used only for child support purposes.
  26-61        SECTION 73.  Subtitle D, Title 5, Family Code, as added by
  26-62  H.B. No. 655, Acts of the 74th Legislature, Regular Session, 1995,
  26-63  is amended by adding Chapter 232 to read as follows:
  26-64            CHAPTER 232.  SUSPENSION OF LICENSE FOR FAILURE
  26-65                         TO PAY CHILD SUPPORT
  26-66        Sec. 232.001.  DEFINITIONS.  In this chapter:
  26-67              (1)  "License" means a license, certificate,
  26-68  registration, permit, or other authorization that:
  26-69                    (A)  is issued by a licensing authority;
  26-70                    (B)  is subject before expiration to suspension,
   27-1  revocation, forfeiture, or termination by the issuing licensing
   27-2  authority; and
   27-3                    (C)  a person must obtain to:
   27-4                          (i)  practice or engage in a particular
   27-5  business, occupation, or profession;
   27-6                          (ii)  operate a motor vehicle; or
   27-7                          (iii)  engage in any other regulated
   27-8  activity, including hunting, fishing, or other recreational
   27-9  activity for which a license or permit is required.
  27-10              (2)  "Licensing authority" means a department,
  27-11  commission, board, office, or other agency of the state or a
  27-12  political subdivision of the state that issues a license.
  27-13              (3)  "Order suspending license" means an order issued
  27-14  by the Title IV-D agency or a court directing a licensing authority
  27-15  to suspend a license.
  27-16        Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
  27-17  following state agencies are licensing authorities subject to this
  27-18  chapter:
  27-19              (1)  Department of Agriculture;
  27-20              (2)  Texas Commission on Alcohol and Drug Abuse;
  27-21              (3)  Texas Alcoholic Beverage Commission;
  27-22              (4)  Texas Appraiser Licensing and Certification Board;
  27-23              (5)  Texas Board of Architectural Examiners;
  27-24              (6)  State Board of Barber Examiners;
  27-25              (7)  Texas Board of Chiropractic Examiners;
  27-26              (8)  Comptroller of Public Accounts;
  27-27              (9)  Texas Cosmetology Commission;
  27-28              (10)  Court Reporters Certification Board;
  27-29              (11)  State Board of Dental Examiners, if the 74th
  27-30  Legislature, at its regular session, enacts legislation that
  27-31  becomes law authorizing a state agency to regulate the practice of
  27-32  dentistry;
  27-33              (12)  Texas State Board of Examiners of Dietitians;
  27-34              (13)  Texas Funeral Service Commission;
  27-35              (14)  Texas Department of Health;
  27-36              (15)  Texas Board of Professional Land Surveying;
  27-37              (16)  Texas Department of Licensing and Regulation;
  27-38              (17)  Texas State Board of Examiners of Marriage and
  27-39  Family Therapists;
  27-40              (18)  Texas State Board of Medical Examiners;
  27-41              (19)  Midwifery Board;
  27-42              (20)  Texas Natural Resource Conservation Commission;
  27-43              (21)  Board of Nurse Examiners;
  27-44              (22)  Texas Board of Nursing Facility Administrators;
  27-45              (23)  Texas Board of Occupational Therapy Examiners;
  27-46              (24)  Texas Optometry Board;
  27-47              (25)  Parks and Wildlife Department;
  27-48              (26)  Texas State Board of Examiners of Perfusionists;
  27-49              (27)  Texas State Board of Pharmacy;
  27-50              (28)  Texas Board of Physical Therapy Examiners;
  27-51              (29)  Texas State Board of Plumbing Examiners;
  27-52              (30)  Texas State Board of Podiatry Examiners;
  27-53              (31)  Polygraph Examiners Board;
  27-54              (32)  Texas Board of Private Investigators and Private
  27-55  Security Agencies;
  27-56              (33)  Texas State Board of Examiners of Professional
  27-57  Counselors;
  27-58              (34)  State Board of Registration for Professional
  27-59  Engineers;
  27-60              (35)  Department of Protective and Regulatory Services;
  27-61              (36)  Texas State Board of Examiners of Psychologists;
  27-62              (37)  Texas State Board of Public Accountancy;
  27-63              (38)  Department of Public Safety of the State of
  27-64  Texas;
  27-65              (39)  Public Utility Commission of Texas;
  27-66              (40)  Railroad Commission of Texas;
  27-67              (41)  Texas Real Estate Commission;
  27-68              (42)  State Bar of Texas;
  27-69              (43)  Texas State Board of Social Worker Examiners;
  27-70              (44)  State Board of Examiners for Speech-Language
   28-1  Pathology and Audiology;
   28-2              (45)  Texas Structural Pest Control Board;
   28-3              (46)  Board of Tax Professional Examiners;
   28-4              (47)  Secretary of State;
   28-5              (48)  Supreme Court of Texas;
   28-6              (49)  Texas Transportation Commission;
   28-7              (50)  State Board of Veterinary Medical Examiners;
   28-8              (51)  Board of Vocational Nurse Examiners;
   28-9              (52)  Texas Ethics Commission;
  28-10              (53)  Texas Department of Insurance;
  28-11              (54)  Texas Board of Licensure for Professional Medical
  28-12  Physicists;
  28-13              (55)  State Committee of Examiners in the Fitting and
  28-14  Dispensing of Hearing Instruments; and
  28-15              (56)  Advisory Board of Athletic Trainers.
  28-16        Sec. 232.003.  SUSPENSION OF LICENSE.  A court or the Title
  28-17  IV-D agency may issue an order suspending a license as provided by
  28-18  this chapter if an obligor:
  28-19              (1)  has an arrearage equal to or greater than the
  28-20  total support due for 90 days under a support order;
  28-21              (2)  has been provided an opportunity to make payments
  28-22  toward the child support arrearage under an agreed or court-ordered
  28-23  repayment schedule; and
  28-24              (3)  has failed to comply with the repayment schedule.
  28-25        Sec. 232.004.  PETITION FOR SUSPENSION OF LICENSE.  (a)  A
  28-26  child support agency or obligee may file a petition to suspend a
  28-27  license.
  28-28        (b)  In a Title IV-D case, the petition shall be filed with
  28-29  the Title IV-D agency.
  28-30        (c)  In a case other than a Title IV-D case, the petition
  28-31  shall be filed in the court of continuing jurisdiction or the court
  28-32  in which a child support order has been registered under Chapter
  28-33  159.
  28-34        (d)  A proceeding in a case filed with the Title IV-D agency
  28-35  under this subchapter is governed by the contested case provisions
  28-36  of Chapter 2001, Government Code (Administrative Procedure Act),
  28-37  except that Section 2001.054 does not apply to the proceeding.  The
  28-38  director of the Title IV-D agency is responsible for rendering a
  28-39  final decision in the contested case proceeding.
  28-40        Sec. 232.005.  CONTENTS OF PETITION.  (a)  A petition under
  28-41  this chapter must state that license suspension is required under
  28-42  Section 232.003 and allege:
  28-43              (1)  the name and, if known, social security number of
  28-44  the obligor;
  28-45              (2)  the type of license the obligor is believed to
  28-46  hold and the name of the licensing authority; and
  28-47              (3)  the amount owed under the child support order, the
  28-48  amount of support paid, and the amount of arrearages.
  28-49        (b)  A petition under this chapter may include as an
  28-50  attachment a copy of the record of child support payments
  28-51  maintained by the Title IV-D registry or local registry.
  28-52        Sec. 232.006.  NOTICE.  (a)  On the filing of a petition
  28-53  under Section 232.004, the court or Title IV-D agency shall issue
  28-54  to the obligor:
  28-55              (1)  notice of the obligor's right to a hearing before
  28-56  the court or agency;
  28-57              (2)  notice of the deadline for requesting a hearing;
  28-58  and
  28-59              (3)  a hearing request form if the proceeding is in a
  28-60  Title IV-D case.
  28-61        (b)  Notice under this section may be served as in civil
  28-62  cases generally.
  28-63        (c)  The notice must state that an order suspending license
  28-64  shall be rendered on the 60th day after the date of service of the
  28-65  notice unless by that date:
  28-66              (1)  the court or Title IV-D agency receives proof that
  28-67  all arrearages and the current month's child support obligation
  28-68  have been paid;
  28-69              (2)  the child support agency or obligee files a
  28-70  certification that the obligor is in compliance with a reasonable
   29-1  repayment schedule; or
   29-2              (3)  the obligor appears at a hearing before the court
   29-3  or Title IV-D agency and shows that the request for suspension
   29-4  should be denied or stayed.
   29-5        Sec. 232.007.  HEARING ON PETITION TO SUSPEND LICENSE.
   29-6  (a)  A request for a hearing and motion to stay suspension must be
   29-7  filed with the court or Title IV-D agency by the obligor not later
   29-8  than the 20th day after the date of service of the notice under
   29-9  Section 232.006.
  29-10        (b)  If a request for a hearing is filed, the court or Title
  29-11  IV-D agency shall:
  29-12              (1)  promptly schedule a hearing;
  29-13              (2)  notify each party of the date, time, and location
  29-14  of the hearing; and
  29-15              (3)  stay suspension pending the hearing.
  29-16        (c)  A record of child support payments made by the Title
  29-17  IV-D agency or a local registry is evidence of whether the payments
  29-18  were made.  A copy of the record appearing regular on its face
  29-19  shall be admitted as evidence at a hearing under this chapter,
  29-20  including a hearing on a motion to revoke a stay.  Either party may
  29-21  offer controverting evidence.
  29-22        Sec. 232.008.  ORDER SUSPENDING LICENSE.  (a)  On making the
  29-23  findings required by Section 232.003, the court or Title IV-D
  29-24  agency shall render an order suspending the license unless the
  29-25  obligor proves that all arrearages and the current month's support
  29-26  have been paid.
  29-27        (b)  The court or Title IV-D agency may stay an order
  29-28  suspending a license conditioned on the obligor's compliance with a
  29-29  reasonable repayment schedule that is incorporated in the order.
  29-30  An order suspending a license with a stay of the suspension may not
  29-31  be served on the licensing authority unless the stay is revoked as
  29-32  provided by this chapter.
  29-33        (c)  A final order suspending license rendered by a court or
  29-34  the Title IV-D agency shall be forwarded to the appropriate
  29-35  licensing authority.
  29-36        (d)  If the court or Title IV-D agency renders an order
  29-37  suspending license, the obligor may also be ordered not to engage
  29-38  in the licensed activity.
  29-39        (e)  If the court or Title IV-D agency finds that the
  29-40  petition for suspension should be denied, the petition shall be
  29-41  dismissed without prejudice, and an order suspending license may
  29-42  not be rendered.
  29-43        Sec. 232.009.  DEFAULT ORDER.  The court or Title IV-D agency
  29-44  shall consider the allegations of the petition for suspension to be
  29-45  admitted and shall render an order suspending license if the
  29-46  obligor fails to:
  29-47              (1)  respond to a notice issued under Section 232.006;
  29-48              (2)  request a hearing; or
  29-49              (3)  appear at a hearing.
  29-50        Sec. 232.010.  REVIEW OF FINAL ADMINISTRATIVE ORDER.  An
  29-51  order issued by a Title IV-D agency under this chapter is a final
  29-52  agency decision and is subject to review under the substantial
  29-53  evidence rule as provided by Chapter 2001, Government Code
  29-54  (Administrative Procedure Act).
  29-55        Sec. 232.011.  ACTION BY LICENSING AUTHORITY.  (a)  On
  29-56  receipt of a final order suspending license, the licensing
  29-57  authority shall immediately determine if the authority has issued a
  29-58  license to the obligor named on the order and, if a license has
  29-59  been issued:
  29-60              (1)  record the suspension of the license in the
  29-61  licensing authority's records;
  29-62              (2)  report the suspension as appropriate; and
  29-63              (3)  demand surrender of the suspended license if
  29-64  required by law for other cases in which a license is suspended.
  29-65        (b)  A licensing authority shall implement the terms of a
  29-66  final order suspending license without additional review or
  29-67  hearing.  The authority may provide notice as appropriate to the
  29-68  license holder or to others concerned with the license.
  29-69        (c)  A licensing authority may not modify, remand, reverse,
  29-70  vacate, or stay an order suspending license issued under this
   30-1  chapter and may not review, vacate, or reconsider the terms of a
   30-2  final order suspending license.
   30-3        (d)  An obligor who is the subject of a final order
   30-4  suspending license is not entitled to a refund for any fee or
   30-5  deposit paid to the licensing authority.
   30-6        (e)  An obligor who continues to engage in the business,
   30-7  occupation, profession, or other licensed activity after the
   30-8  implementation of the order suspending license by the licensing
   30-9  authority is liable for the same civil and criminal penalties
  30-10  provided for engaging in the licensed activity without a license or
  30-11  while a license is suspended that apply to any other license holder
  30-12  of that licensing authority.
  30-13        (f)  A licensing authority is exempt from liability to a
  30-14  license holder for any act authorized under this chapter performed
  30-15  by the authority.
  30-16        (g)  Except as provided by this chapter, an order suspending
  30-17  license or dismissing a petition for the suspension of a license
  30-18  does not affect the power of a licensing authority to grant, deny,
  30-19  suspend, revoke, terminate, or renew a license.
  30-20        (h)  The denial or suspension of a driver's license under
  30-21  this chapter is governed by this chapter and not by the general
  30-22  licensing provisions of Chapter 173, Acts of the 47th Legislature,
  30-23  Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
  30-24  Statutes).
  30-25        Sec. 232.012.  MOTION TO REVOKE STAY.  (a)  The obligee,
  30-26  support enforcement agency, court, or Title IV-D agency may file a
  30-27  motion to revoke the stay of an order suspending license if the
  30-28  obligor does not comply with the terms of a reasonable repayment
  30-29  plan entered into by the obligor.
  30-30        (b)  Notice to the obligor of a motion to revoke stay under
  30-31  this section may be given by personal service or by mail to the
  30-32  address provided by the obligor, if any, in the order suspending
  30-33  license.  The notice must include a notice of hearing.  The notice
  30-34  must be provided to the obligor not less than 10 days before the
  30-35  date of the hearing.
  30-36        (c)  A motion to revoke stay must allege the manner in which
  30-37  the obligor failed to comply with the repayment plan.
  30-38        (d)  If the court or Title IV-D agency finds that the obligor
  30-39  is not in compliance with the terms of the repayment plan, the
  30-40  court or agency shall revoke the stay of the order suspending
  30-41  license and render a final order suspending license.
  30-42        Sec. 232.013.  VACATING OR STAYING ORDER SUSPENDING LICENSE.
  30-43  (a)  The court or Title IV-D agency may render an order vacating or
  30-44  staying an order suspending license if the obligor has paid all
  30-45  delinquent child support or has established a satisfactory payment
  30-46  record.
  30-47        (b)  The court or Title IV-D agency shall promptly deliver an
  30-48  order vacating or staying an order suspending license to the
  30-49  appropriate licensing authority.
  30-50        (c)  On receipt of an order vacating or staying an order
  30-51  suspending license, the licensing authority shall promptly issue
  30-52  the affected license to the obligor if the obligor is otherwise
  30-53  qualified for the license.
  30-54        (d)  An order rendered under this section does not affect the
  30-55  right of the child support agency or obligee to any other remedy
  30-56  provided by law, including the right to seek relief under this
  30-57  chapter.  An order rendered under this section does not affect the
  30-58  power of a licensing authority to grant, deny, suspend, revoke,
  30-59  terminate, or renew a license as otherwise provided by law.
  30-60        Sec. 232.014.  FEE BY LICENSING AUTHORITY.  A licensing
  30-61  authority may charge a fee to an obligor who is the subject of an
  30-62  order suspending license in an amount sufficient to recover the
  30-63  administrative costs incurred by the authority under this chapter.
  30-64        Sec. 232.015.  COOPERATION BETWEEN LICENSING AUTHORITIES AND
  30-65  TITLE IV-D AGENCY.  (a)  The Title IV-D agency may request from
  30-66  each licensing authority the name, address, social security number,
  30-67  license renewal date, and other identifying information for each
  30-68  individual who holds, applies for, or renews a license issued by
  30-69  the authority.
  30-70        (b)  A licensing authority shall provide the requested
   31-1  information in the manner agreed to by the Title IV-D agency and
   31-2  the licensing authority.
   31-3        (c)  The Title IV-D agency may enter into a cooperative
   31-4  agreement with a licensing authority to administer this chapter in
   31-5  a cost-effective manner.
   31-6        (d)  The Title IV-D agency may adopt a reasonable
   31-7  implementation schedule for the requirements of this section.
   31-8        Sec. 232.016.  RULES, FORMS, AND PROCEDURES.  The Title IV-D
   31-9  agency by rule shall prescribe forms and procedures for the
  31-10  implementation of this chapter.
  31-11        SECTION 74.  Subdivisions (1), (4), and (6), Section 261.001,
  31-12  Family Code, as added by H.B. No. 655, Acts of the 74th
  31-13  Legislature, Regular Session, 1995, are amended to read as follows:
  31-14              (1)  "Abuse" includes the following acts or omissions
  31-15  by a person:
  31-16                    (A)  mental or emotional injury to a child that
  31-17  results in an observable and material impairment in the child's
  31-18  growth, development, or psychological functioning;
  31-19                    (B)  causing or permitting the child to be in a
  31-20  situation in which the child sustains a mental or emotional injury
  31-21  that results in an observable and material impairment in the
  31-22  child's growth, development, or psychological functioning;
  31-23                    (C)  physical injury that results in substantial
  31-24  harm to the child, or the genuine threat of substantial harm from
  31-25  physical injury to the child, including an injury that is at
  31-26  variance with the history or explanation given and excluding an
  31-27  accident or reasonable discipline by a parent, guardian, or
  31-28  managing or possessory conservator that does not expose the child
  31-29  to a substantial risk of harm;
  31-30                    (D)  failure to make a reasonable effort to
  31-31  prevent an action by another person that results in physical injury
  31-32  that results in substantial harm to the child;
  31-33                    (E)  sexual conduct harmful to a child's mental,
  31-34  emotional, or physical welfare <offenses under the Penal Code
  31-35  inflicted on, shown to, or intentionally or recklessly practiced in
  31-36  the presence of a child, including:>
  31-37                          <(i)  sexual conduct as defined by Section
  31-38  43.01, Penal Code;>
  31-39                          <(ii)  sexual assault as provided by
  31-40  Section 22.011, Penal Code; or>
  31-41                          <(iii)  prohibited sexual conduct as
  31-42  provided by Section 25.02, Penal Code>;
  31-43                    (F)  failure to make a reasonable effort to
  31-44  prevent sexual conduct harmful to a child's mental, emotional, or
  31-45  physical welfare <or sexual assault as defined or provided by
  31-46  Sections 43.01 and 22.011, Penal Code, or prohibited sexual conduct
  31-47  as provided by Section 25.02, Penal Code, from being inflicted on
  31-48  or shown to a child by another person or being intentionally or
  31-49  recklessly practiced in the presence of a child by another person>;
  31-50                    (G)  compelling or encouraging the child to
  31-51  engage in sexual conduct as defined by Section 43.01, Penal Code;
  31-52  or
  31-53                    (H)  causing, permitting, encouraging, engaging
  31-54  in, or allowing the photographing, filming, or depicting of the
  31-55  child if the person knew or should have known that the resulting
  31-56  photograph, film, or depiction of the child is obscene as defined
  31-57  by Section 43.21, Penal Code, or pornographic.
  31-58              (4)  "Neglect" includes:
  31-59                    (A)  the leaving of a child in a situation where
  31-60  the child would be exposed to a substantial risk of physical,
  31-61  mental, or emotional harm, without arranging for necessary care for
  31-62  the child, and the demonstration of an intent not to return by a
  31-63  parent, guardian, or managing or possessory conservator of the
  31-64  child;
  31-65                    (B)  the following acts or omissions by a person:
  31-66                          (i)  placing a child in or failing to
  31-67  remove a child from a situation that a reasonable person would
  31-68  realize requires judgment or actions beyond the child's level of
  31-69  maturity, physical condition, or mental abilities and that results
  31-70  in bodily injury or a substantial risk of immediate harm to the
   32-1  child;
   32-2                          (ii)  failing to seek, obtain, or follow
   32-3  through with medical care for a child, with the failure resulting
   32-4  in or presenting a substantial risk of death, disfigurement, or
   32-5  bodily injury or with the failure resulting in an observable and
   32-6  material impairment to the growth, development, or functioning of
   32-7  the child; <or>
   32-8                          (iii)  the failure to provide a child with
   32-9  food, clothing, or shelter necessary to sustain the life or health
  32-10  of the child, excluding failure caused primarily by financial
  32-11  inability unless relief services had been offered and refused; or
  32-12                          (iv)  placing a child in or failing to
  32-13  remove the child from a situation in which the child would be
  32-14  exposed to a substantial risk of sexual conduct harmful to the
  32-15  child's mental, emotional, or physical welfare; or
  32-16                    (C)  the failure by the person responsible for a
  32-17  child's care, custody, or welfare to permit the child to return to
  32-18  the child's home without arranging for the necessary care for the
  32-19  child after the child has been absent from the home for any reason,
  32-20  including having been in residential placement or having run away.
  32-21              (6)  "Report" means a report that <of> alleged or
  32-22  suspected abuse or neglect of a child has occurred or may occur.
  32-23        SECTION 75.  Section 261.101, Family Code, as added by H.B.
  32-24  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  32-25  amended by amending Subsection (b) and by adding Subsections (c)
  32-26  and (d) to read as follows:
  32-27        (b)  If a professional has cause to believe that a child has
  32-28  been or may be abused or neglected, the professional shall make a
  32-29  report not later than the 48th hour after the hour the professional
  32-30  first suspects that the child has been or may be abused or
  32-31  neglected.  A professional may not delegate to or rely on another
  32-32  person to make the report.  In this subsection, "professional"
  32-33  means an individual who is licensed or certified by the state or
  32-34  who is an employee of a facility licensed, certified, or operated
  32-35  by the state and who, in the normal course of official duties or
  32-36  duties for which a license or certification is required, has direct
  32-37  contact with children.  The term includes teachers, nurses,
  32-38  doctors, and day-care employees.
  32-39        (c)  The requirement to report under this section applies
  32-40  without exception to an individual whose personal communications
  32-41  may otherwise be privileged, including an attorney, a member of the
  32-42  clergy, a medical practitioner, a social worker, and a mental
  32-43  health professional.
  32-44        (d)  The identity of an individual making a report under this
  32-45  chapter is confidential and may be disclosed only on the order of a
  32-46  court or to a law enforcement officer for the purposes of
  32-47  conducting a criminal investigation of the report.
  32-48        SECTION 76.  Section 261.102, Family Code, as added by H.B.
  32-49  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  32-50  amended to read as follows:
  32-51        Sec. 261.102.  MATTERS TO BE REPORTED.  A report should
  32-52  reflect the reporter's belief that a child<:>
  32-53              <(1)>  has been or may be abused or neglected or has
  32-54  died of abuse or neglect<;>
  32-55              <(2)  has violated the compulsory school attendance
  32-56  laws on three or more occasions; or>
  32-57              <(3)  has, on three or more occasions, been voluntarily
  32-58  absent from home without the consent of the child's parent or
  32-59  guardian for a substantial length of time or without the intent to
  32-60  return>.
  32-61        SECTION 77.  Section 261.103, Family Code, as added by H.B.
  32-62  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  32-63  amended to read as follows:
  32-64        Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  A report
  32-65  shall be made to:
  32-66              (1)  any local or state law enforcement agency;
  32-67              (2)  the department if the alleged or suspected abuse
  32-68  involves a person responsible for the care, custody, or welfare of
  32-69  the child;
  32-70              (3)  the state agency that operates, licenses,
   33-1  certifies, or registers the facility in which the alleged abuse or
   33-2  neglect occurred; or
   33-3              (4)  the agency designated by the court to be
   33-4  responsible for the protection of children.
   33-5        SECTION 78.  Section 261.104, Family Code, as added by H.B.
   33-6  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   33-7  amended to read as follows:
   33-8        Sec. 261.104.  CONTENTS OF REPORT.  The person making a
   33-9  report shall identify, if known:
  33-10              (1)  the name and address of the child;
  33-11              (2)  the name and address of the person responsible for
  33-12  the care, custody, or welfare of the child; and
  33-13              (3)  any other pertinent information concerning the
  33-14  alleged or suspected abuse or neglect.
  33-15        SECTION 79.  Section 261.106, Family Code, as added by H.B.
  33-16  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  33-17  amended to read as follows:
  33-18        Sec. 261.106.  IMMUNITIES.  (a)  A <Except for a person who
  33-19  reports the person's own conduct or who acts in bad faith or with
  33-20  malicious purpose, a> person acting in good faith who reports
  33-21  <reporting> or assists <assisting> in the investigation of a report
  33-22  of alleged child abuse or neglect or who testifies or otherwise
  33-23  participates in a judicial proceeding arising from a report,
  33-24  petition, or investigation of alleged child abuse or neglect <under
  33-25  this chapter> is immune from civil or criminal liability that might
  33-26  otherwise be incurred or imposed.
  33-27        (b)  Immunity from civil and criminal liability extends to an
  33-28  authorized volunteer of the department or a law enforcement officer
  33-29  who participates at the request of the department in an
  33-30  investigation of alleged or suspected abuse or neglect or in an
  33-31  action arising from an investigation if the person was acting in
  33-32  good faith and in the scope of the person's responsibilities
  33-33  <participation in a judicial proceeding resulting from the report>.
  33-34        (c)  A person who reports the person's own abuse or neglect
  33-35  of a child or who acts in bad faith or with malicious purpose in
  33-36  reporting alleged child abuse or neglect is not immune from civil
  33-37  or criminal liability.
  33-38        SECTION 80.  Section 261.107, Family Code, as added by H.B.
  33-39  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  33-40  amended to read as follows:
  33-41        Sec. 261.107.  FALSE REPORT; PENALTY.  <(a)>  A person
  33-42  commits an offense if the person knowingly or intentionally makes a
  33-43  report as provided in this chapter that the person knows is false
  33-44  or lacks factual foundation.  An offense under this subsection is a
  33-45  Class B misdemeanor.
  33-46        <(b)  If, in connection with a pending suit affecting the
  33-47  parent-child relationship, a parent of a child makes a report
  33-48  alleging child abuse by the other parent that the parent making the
  33-49  report knows is false or lacks factual foundation, evidence of the
  33-50  report is admissible in a suit between the parents involving terms
  33-51  of conservatorship.>
  33-52        SECTION 81.  Section 261.201, Family Code, as added by H.B.
  33-53  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  33-54  amended to read as follows:
  33-55        Sec. 261.201.  CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
  33-56  (a)  The following information is confidential, is not subject to
  33-57  public release under the open records law, Chapter 552, Government
  33-58  Code, and may be disclosed only for purposes consistent with this
  33-59  code and applicable federal or state law or under rules adopted by
  33-60  an investigating agency:
  33-61              (1)  a report of alleged or suspected abuse or neglect
  33-62  made under this chapter and the identity of the person making the
  33-63  report; and
  33-64              (2)  except <Except> as otherwise provided in this
  33-65  section, the files, <Subsections (b) and (c), the> reports,
  33-66  records, communications, and working papers used or developed in an
  33-67  investigation under this chapter or in providing services as a
  33-68  result of an investigation <are confidential and may be disclosed
  33-69  only for purposes consistent with the purposes of this code under
  33-70  rules adopted by the investigating agency>.
   34-1        (b)  A court may order the disclosure of information that is
   34-2  confidential under this section if:
   34-3              (1)  a motion has been filed with the court requesting
   34-4  the release of the information;
   34-5              (2)  a notice of hearing has been served on the
   34-6  investigating agency and all other interested parties; and
   34-7              (3)  after hearing and an in camera review of the
   34-8  requested information, the court determines that the disclosure of
   34-9  the requested information is:
  34-10                    (A)  essential to the administration of justice;
  34-11  and
  34-12                    (B)  not likely to endanger the life or safety
  34-13  of:
  34-14                          (i)  a child who is the subject of the
  34-15  report of alleged or suspected abuse or neglect;
  34-16                          (ii)  a person who makes a report of
  34-17  alleged or suspected abuse or neglect; or
  34-18                          (iii)  any other person who participates in
  34-19  an investigation of reported abuse or neglect.
  34-20        (c)  The adoptive parents of a child who was the subject of
  34-21  an investigation and an adult who was the subject of an
  34-22  investigation as a child are entitled to examine and make copies of
  34-23  any report, record, working paper, or other information in the
  34-24  possession, custody, or control of the state that pertains to the
  34-25  history of the child.  The department shall <may> edit the
  34-26  documents to protect the identity of the biological parents and any
  34-27  other person whose identity is confidential.
  34-28        (d) <(c)>  Before placing a child who was the subject of an
  34-29  investigation, the department shall notify the prospective adoptive
  34-30  parents of their right to examine any report, record, working
  34-31  paper, or other information in the possession, custody, or control
  34-32  of the state that pertains to the history of the child.
  34-33        (e) <(d)>  The department shall provide prospective adoptive
  34-34  parents an opportunity to examine information under this section as
  34-35  early as practicable before placing a child.
  34-36        (f)  Notwithstanding Subsection (b), the department, on
  34-37  request and subject to department rule, shall provide to the
  34-38  parent, managing conservator, or other legal representative of a
  34-39  child who is the subject of reported abuse or neglect information
  34-40  concerning the reported abuse or neglect that would otherwise be
  34-41  confidential under this section if the department has edited the
  34-42  information to protect the confidentiality of the identity of the
  34-43  person who made the report and any other person whose life or
  34-44  safety may be endangered by the disclosure.
  34-45        SECTION 82.  Subsection (a), Section 261.301, Family Code, as
  34-46  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  34-47  Session, 1995, is amended to read as follows:
  34-48        (a)  The department or designated agency shall make a prompt
  34-49  and thorough investigation to substantiate the accuracy of a report
  34-50  of child abuse or neglect allegedly committed by a person
  34-51  responsible for a child's care, custody, or welfare.
  34-52        SECTION 83.  Section 261.302, Family Code, as added by H.B.
  34-53  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  34-54  amended by adding Subsection (d) to read as follows:
  34-55        (d)  If, before an investigation is completed, the
  34-56  investigating agency believes that the immediate removal of a child
  34-57  from the child's home is necessary to protect the child from
  34-58  further abuse or neglect, the investigating agency shall file a
  34-59  petition or take other action under Chapter 262 to provide for the
  34-60  temporary care and protection of the child.
  34-61        SECTION 84.  Section 261.303, Family Code, as added by H.B.
  34-62  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  34-63  amended to read as follows:
  34-64        Sec. 261.303.  INTERFERENCE WITH INVESTIGATION;  COURT ORDER
  34-65  <TO ASSIST INVESTIGATION>.  (a)  A person may not interfere with an
  34-66  investigation of a report of child abuse or neglect conducted by
  34-67  the department or designated agency.
  34-68        (b)  If admission to the home, school, or any place where the
  34-69  child may be cannot be obtained, then for good cause shown the
  34-70  court having family law jurisdiction shall order the parent, the
   35-1  person responsible for the care of the children, or the person in
   35-2  charge of any place where the child may be to allow entrance for
   35-3  the interview, examination, and investigation.
   35-4        (c) <(b)>  If a parent or person responsible for the child's
   35-5  care does not consent to a medical, psychological, or psychiatric
   35-6  examination of the child that is requested by the department or
   35-7  designated agency, the court having family law jurisdiction shall,
   35-8  for good cause shown, order the examination to be made at the times
   35-9  and places designated by the court.
  35-10        SECTION 85.  Section 261.308, Family Code, as added by H.B.
  35-11  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  35-12  amended by adding Subsection (c) to read as follows:
  35-13        (c)  On receipt of the report and recommendations, the court
  35-14  may direct the department or designated agency to file a petition
  35-15  requesting appropriate relief as provided in this title.
  35-16        SECTION 86.  Subsections (b) and (c), Section 261.401, Family
  35-17  Code, as added by H.B. No. 655, Acts of the 74th Legislature,
  35-18  Regular Session, 1995, are amended to read as follows:
  35-19        (b)  <A state agency shall notify the department of each
  35-20  report of abuse or neglect it receives under this subchapter
  35-21  relating to abuse or neglect in a facility operated by the agency
  35-22  according to rules adopted by the department.>
  35-23        <(c)>  A state agency shall adopt rules relating to the
  35-24  investigation and resolution of reports received as provided by
  35-25  <under> this subchapter.  The Health and Human Services Commission
  35-26  shall review and approve the rules to ensure that all agencies
  35-27  implement appropriate standards for the conduct of investigations
  35-28  and that uniformity exists among agencies in the investigation and
  35-29  resolution of reports.
  35-30        SECTION 87.  Subsections (b), (c), and (e), Section 261.402,
  35-31  Family Code, as added by H.B. No. 655, Acts of the 74th
  35-32  Legislature, Regular Session, 1995, are amended to read as follows:
  35-33        (b)  A state agency shall immediately notify the appropriate
  35-34  state or local law enforcement agency of any report the agency
  35-35  receives, other than a report from a law enforcement agency, that
  35-36  concerns the suspected abuse or neglect of a child or the death of
  35-37  a child from abuse or neglect.  <If the investigation relates to a
  35-38  report of abuse or neglect in a facility operated by a state
  35-39  agency, the agency responsible for the investigation shall submit a
  35-40  copy of the investigative report to the department.>
  35-41        <(c)>  If the state agency finds evidence indicating that a
  35-42  child may have <has> been <or may be> abused or neglected, the
  35-43  agency shall <submit a copy of the> report the evidence <of its
  35-44  investigation> to the appropriate law enforcement agency.
  35-45        (e)  A state agency <The department> shall compile, maintain,
  35-46  and make available statistics on the incidence of child abuse and
  35-47  neglect in a facility operated by the <a> state agency.
  35-48        SECTION 88.  Subchapter E, Chapter 261, Family Code, as added
  35-49  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  35-50  1995, is amended by adding Sections 261.404, 261.405, and 261.406
  35-51  to read as follows:
  35-52        Sec. 261.404.  INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
  35-53  OF MENTAL HEALTH AND MENTAL RETARDATION.  The department shall
  35-54  investigate a report of abuse or neglect in a facility operated by,
  35-55  regulated by, or providing services under a contract with the Texas
  35-56  Department of Mental Health and Mental Retardation under rules
  35-57  developed jointly between the department and the Texas Department
  35-58  of Mental Health and Mental Retardation.
  35-59        Sec. 261.405.  INVESTIGATIONS IN COUNTY JUVENILE DETENTION
  35-60  FACILITIES.  A report of alleged abuse or neglect in a county
  35-61  juvenile detention facility shall be made to a local law
  35-62  enforcement agency for investigation.
  35-63        Sec. 261.406.  INVESTIGATIONS IN SCHOOLS.  (a)  On receipt of
  35-64  a report of alleged or suspected abuse or neglect of a child in a
  35-65  public or private school under the jurisdiction of the Central
  35-66  Education Agency, the department shall perform an investigation as
  35-67  provided by this chapter.
  35-68        (b)  The department shall send a written report of the
  35-69  department's investigation to the Central Education Agency and the
  35-70  local school board or local governing body for appropriate action.
   36-1  The department shall provide a copy of the report and investigation
   36-2  findings to the parent, managing conservator, or legal guardian of
   36-3  a child who is the subject of the report.
   36-4        SECTION 89.  Section 262.004, Family Code, as added by H.B.
   36-5  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   36-6  amended to read as follows:
   36-7        Sec. 262.004.  ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
   36-8  CHILD.  A <An authorized representative of the Department of
   36-9  Protective and Regulatory Services, a> law enforcement officer<,>
  36-10  or a juvenile probation officer may take possession of a child
  36-11  without a court order on the voluntary delivery of the child by the
  36-12  parent, managing conservator, possessory conservator, guardian,
  36-13  caretaker, or custodian who is presently entitled to possession of
  36-14  the child.
  36-15        SECTION 90.  Section 262.005, Family Code, as added by H.B.
  36-16  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-17  amended to read as follows:
  36-18        Sec. 262.005.  FILING PETITION AFTER ACCEPTING VOLUNTARY
  36-19  DELIVERY OF POSSESSION OF CHILD.  When possession of the child has
  36-20  been acquired through voluntary delivery of the child to a law
  36-21  enforcement officer or juvenile probation officer <governmental
  36-22  entity>, the law enforcement officer or juvenile probation officer
  36-23  <entity> taking the child into possession shall cause a suit to be
  36-24  filed not later than the 60th day after the date the child is taken
  36-25  into possession.
  36-26        SECTION 91.  Section 262.101, Family Code, as added by H.B.
  36-27  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-28  amended to read as follows:
  36-29        Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  36-30  CHILD.  A petition or affidavit filed by a governmental entity
  36-31  requesting permission to take possession of a child in an emergency
  36-32  shall be sworn to by a person with personal knowledge and shall
  36-33  state facts sufficient to satisfy a person of ordinary prudence and
  36-34  caution that:
  36-35              (1)  there is an immediate danger to the physical
  36-36  health or safety of the child or the child has been a victim of
  36-37  sexual abuse and that continuation in the home would be contrary to
  36-38  the child's welfare even if reasonable in-home services were
  36-39  provided; and
  36-40              (2)  there is no time, consistent with the physical
  36-41  health or safety of the child, for an adversary hearing or to make
  36-42  reasonable efforts to prevent or eliminate the need for the removal
  36-43  of the child.
  36-44        SECTION 92.  Section 262.102, Family Code, as added by H.B.
  36-45  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-46  amended to read as follows:
  36-47        Sec. 262.102.  EMERGENCY ORDER AUTHORIZING POSSESSION OF
  36-48  CHILD.  (a)  Before a court may issue a temporary restraining order
  36-49  or attachment of a child in a suit requesting an emergency order
  36-50  brought by a governmental entity, the court must find <be satisfied
  36-51  from a sworn petition or affidavit> that:
  36-52              (1)  there is an immediate danger to the physical
  36-53  health or safety of the child or the child has been a victim of
  36-54  sexual abuse and that continuation in the home would be contrary to
  36-55  the child's welfare even if reasonable in-home services were
  36-56  provided; and
  36-57              (2)  there is no time, consistent with the physical
  36-58  health or safety of the child and the nature of the emergency, to
  36-59  hold <for> an adversary hearing or to make reasonable efforts to
  36-60  prevent or eliminate the need for removal of the child.
  36-61        (b)  In determining whether there is an immediate danger to
  36-62  the physical health or safety of a child, the court may consider
  36-63  whether the child's household includes a person who has <possession
  36-64  of the child has>:
  36-65              (1)  abused or neglected another child in a manner that
  36-66  caused serious injury to or the death of the other child; or
  36-67              (2)  sexually abused another child.
  36-68        SECTION 93.  Section 262.107, Family Code, as added by H.B.
  36-69  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  36-70  amended to read as follows:
   37-1        Sec. 262.107.  STANDARD FOR DECISION AT INITIAL HEARING AFTER
   37-2  TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.
   37-3  (a)  The court shall order the return of the child at the initial
   37-4  hearing regarding a child taken in possession without a court order
   37-5  by a governmental entity unless the court is satisfied that:
   37-6              (1)  there is a continuing danger to the physical
   37-7  health or safety of the child if the child is returned to the
   37-8  parent, managing conservator, possessory conservator, guardian,
   37-9  caretaker, or custodian who is presently entitled to possession of
  37-10  the child<;> or
  37-11              <(2)>  the evidence shows that the child has been the
  37-12  victim of sexual abuse on one or more occasions and that there is a
  37-13  substantial risk <reasonable likelihood> that the child will be the
  37-14  victim of sexual abuse in the future; and
  37-15              (2)  the nature of the emergency and the continuing
  37-16  danger to the welfare of the child make efforts to allow the child
  37-17  to remain with or return to the person entitled to possession of
  37-18  the child impossible or unreasonable.
  37-19        (b)  In determining whether there is a continuing danger to
  37-20  the physical health or safety of a child, the court may consider
  37-21  whether the household to which <person to whom> the child would be
  37-22  returned includes a person who has:
  37-23              (1)  abused or neglected another child in a manner that
  37-24  caused serious injury to or the death of the other child; or
  37-25              (2)  sexually abused another child.
  37-26        SECTION 94.  Subchapter B, Chapter 262, Family Code, as added
  37-27  by H.B. No. 655, Acts of the 74th Legislature, Regular Session,
  37-28  1995, is amended by adding Section 262.111 to read as follows:
  37-29        Sec. 262.111.  FINDING THAT CHILD CANNOT REMAIN IN OR BE
  37-30  RETURNED TO HOME.  In the absence of a specific finding to the
  37-31  contrary, the issuance of a temporary restraining order or
  37-32  attachment pending a full adversary hearing or the issuance of an
  37-33  order after a full adversary hearing constitutes a finding by the
  37-34  court that for the child to remain in the home is contrary to the
  37-35  child's welfare or safety and that the emergency made efforts to
  37-36  prevent or eliminate the need for the removal of the child
  37-37  impossible or unreasonable.
  37-38        SECTION 95.  Section 262.201, Family Code, as added by H.B.
  37-39  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  37-40  amended to read as follows:
  37-41        Sec. 262.201.  FULL ADVERSARY HEARING;  FINDINGS OF THE
  37-42  COURT.  (a)  Unless the child has already been returned to the
  37-43  parent, managing conservator, possessory conservator, guardian,
  37-44  caretaker, or custodian entitled to possession and the temporary
  37-45  order, if any, has been dissolved, a full adversary hearing shall
  37-46  be held not later than the 14th day after the date the child was
  37-47  taken into possession by the governmental entity.
  37-48        (b)  At the conclusion of the full adversary hearing, the
  37-49  court shall order the return of the child to the parent, managing
  37-50  conservator, possessory conservator, guardian, caretaker, or
  37-51  custodian entitled to possession unless the court finds sufficient
  37-52  evidence to satisfy a person of ordinary prudence and caution that:
  37-53              (1)  there was a danger to the physical health or
  37-54  safety of the child which was caused by an act or failure to act of
  37-55  the person entitled to possession and for the child to remain in
  37-56  the home is contrary to the welfare of the child; <and>
  37-57              (2)  the urgent need for protection required the
  37-58  immediate removal of the child and makes efforts to eliminate or
  37-59  prevent the child's removal impossible or unreasonable; and
  37-60              (3)  notwithstanding reasonable efforts to eliminate
  37-61  the need for the child's removal and enable the child to return
  37-62  home, there is a substantial risk <reasonable probability> of a
  37-63  continuing danger if the child is returned home.
  37-64        (c)  If the court finds sufficient evidence to satisfy a
  37-65  person of ordinary prudence and caution that there is a continuing
  37-66  danger to the physical health or safety of the child and that for
  37-67  the child to remain in the home is contrary to the welfare of the
  37-68  child, the court shall issue an appropriate temporary order under
  37-69  Chapter 105.
  37-70        (d)  In determining whether there is a continuing danger to
   38-1  the physical health or safety of the child, the court may consider
   38-2  whether the household <person> to which <whom> the child would be
   38-3  returned includes a person who:
   38-4              (1)  has abused or neglected another child in a manner
   38-5  that caused serious injury to or the death of the other child; or
   38-6              (2)  has sexually abused another child.
   38-7        SECTION 96.  Subsection (a), Section 263.001, Family Code, as
   38-8  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   38-9  Session, 1995, is amended by amending Subdivision (2) and by adding
  38-10  Subdivisions (3) and (4) to read as follows:
  38-11              (2)  "Child's home" means the place of residence of at
  38-12  least one of the child's parents.
  38-13              (3)  "Household" means a unit composed of persons
  38-14  living together in the same dwelling, without regard to whether
  38-15  they are related to each other.
  38-16              (4)  "Substitute care" means the placement of a child
  38-17  who is in the conservatorship of the department or an authorized
  38-18  agency in care outside the child's home.  The term includes foster
  38-19  care, institutional care, adoption, or placement with a relative of
  38-20  the child.
  38-21        SECTION 97.  Section 263.002, Family Code, as added by H.B.
  38-22  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  38-23  amended to read as follows:
  38-24        Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT.  In a suit
  38-25  affecting the parent-child relationship in which the department or
  38-26  an authorized agency has been appointed by the court or designated
  38-27  in an affidavit of relinquishment of parental rights as the
  38-28  temporary or permanent managing conservator of a child, the court
  38-29  shall hold a hearing to review the conservatorship appointment and
  38-30  substitute <the department's or authorized agency's placement of
  38-31  the child in foster home care, group home care, or institutional>
  38-32  care.
  38-33        SECTION 98.  Subsection (c), Section 263.003, Family Code, as
  38-34  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  38-35  Session, 1995, is amended to read as follows:
  38-36        (c)  The department shall request a review of substitute <the
  38-37  placement of the child in foster home care, group home care, or
  38-38  institutional> care, and its petition shall state that the purpose
  38-39  of the suit is to initiate periodic review of the necessity and
  38-40  propriety of the child's placement under this chapter.
  38-41        SECTION 99.  Subsection (b), Section 263.202, Family Code, as
  38-42  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  38-43  Session, 1995, is amended to read as follows:
  38-44        (b)  A status hearing shall be limited to matters related to
  38-45  the contents and execution of the service plan filed with the
  38-46  court.  The court shall review the service plan that the department
  38-47  or other agency filed under this chapter for reasonableness,
  38-48  accuracy, and compliance with requirements of court orders and make
  38-49  findings as to whether:
  38-50              (1)  a plan that has the goal of returning the child to
  38-51  the child's parents adequately ensures that reasonable efforts are
  38-52  made to enable the child's parents to provide a safe environment
  38-53  for the child; and
  38-54              (2)  the child's parents have reviewed and understand
  38-55  the service plan and have been advised that unless the parents are
  38-56  willing and able to provide the child with a safe environment, even
  38-57  with the assistance of a service plan, within the reasonable period
  38-58  of time specified in the plan, the parents' parental and custodial
  38-59  duties and rights may be subject to restriction or to termination
  38-60  under this code or the child may not be returned to the parents.
  38-61        SECTION 100.  Subsection (b), Section 263.303, Family Code,
  38-62  as added by H.B. No. 655, Acts of the 74th Legislature, Regular
  38-63  Session, 1995, is amended to read as follows:
  38-64        (b)  The status report must:
  38-65              (1)  evaluate all relevant information concerning each
  38-66  of the guidelines under this chapter and the parties' compliance
  38-67  with the service plan; <and>
  38-68              (2)  recommend one of the following actions:
  38-69                    (A)  that the child be returned to the child's
  38-70  home and that the suit be dismissed;
   39-1                    (B)  that the child be returned to the child's
   39-2  home with the department or other agency retaining conservatorship;
   39-3                    (C)  that the child remain in foster care for a
   39-4  specified period and that the child's parents continue to work
   39-5  toward providing the child with a safe environment;
   39-6                    (D)  that the child remain in foster care for a
   39-7  specified period and that termination of parental rights be sought
   39-8  under this code;
   39-9                    (E)  that a child who has resided in foster care
  39-10  for at least 18 months be placed or remain in permanent or
  39-11  long-term foster care because of the child's special needs or
  39-12  circumstances; or
  39-13                    (F)  that other plans be made or other services
  39-14  provided in accordance with the child's special needs or
  39-15  circumstances; and
  39-16              (3)  with respect to a child 16 years of age or older,
  39-17  identify the services needed to assist the child in the transition
  39-18  to adult life.
  39-19        SECTION 101.  Section 263.304, Family Code, as added by H.B.
  39-20  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  39-21  amended to read as follows:
  39-22        Sec. 263.304.  INITIAL REVIEW HEARING; TIME.  Not later than
  39-23  the 180th day after the date of the conclusion of the full
  39-24  adversary hearing under Chapter 262, the court shall hold a
  39-25  <review> hearing to review the status of, and permanency plan for,
  39-26  a child in substitute care in the court's jurisdiction, including
  39-27  the time for the completion of the plan and the projected date for
  39-28  the achievement of the child's permanency plan.
  39-29        SECTION 102.  Section 263.306, Family Code, as added by H.B.
  39-30  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  39-31  amended to read as follows:
  39-32        Sec. 263.306.  REVIEW HEARINGS:  PROCEDURE.  At each review
  39-33  hearing the court shall determine:
  39-34              (1)  the identity of <identify> all persons or parties
  39-35  present at the hearing or those given notice but failing to appear;
  39-36              (2)  <consider all relevant information pertaining to
  39-37  the factors under this chapter to determine> whether the child's
  39-38  parents are willing and able to provide the child with a safe
  39-39  environment;
  39-40              (3)  <determine> the extent to which the child's
  39-41  parents have taken the necessary actions or responsibilities toward
  39-42  achieving the plan goal during the period of the service plan and
  39-43  the extent to which the department or other authorized agency has
  39-44  provided assistance to the parents as provided in the service plan;
  39-45              (4)  whether the child continues to need substitute
  39-46  care and whether the child's current placement is appropriate for
  39-47  meeting the child's needs;
  39-48              (5)  a date for achieving the child's permanency plan;
  39-49              (6)  if the child has been in substitute care for not
  39-50  less than 18 months, the future status of the child and the
  39-51  appropriateness of the date by which the child may return home and
  39-52  whether to render further appropriate orders;
  39-53              (7)  if the child is in substitute care outside the
  39-54  state, whether the out-of-state placement continues to be
  39-55  appropriate and in the best interest of the child;
  39-56              (8)  <determine> whether the child's parents are
  39-57  willing and able to provide the child with a safe environment
  39-58  without the assistance of a service plan and, if so, return the
  39-59  child to the parents;
  39-60              (9) <(5) determine> whether the child's parents are
  39-61  willing and able to provide the child with a safe environment with
  39-62  the assistance of a service plan and, if so, return the child or
  39-63  continue the placement of the child in the child's home under the
  39-64  department's or other agency's supervision;
  39-65              (10) <(6)  determine> whether the child's parents are
  39-66  presently unwilling or unable to provide the child with a safe
  39-67  environment, even with the assistance of a service plan, and, if
  39-68  so, order the child to remain under the department's or other
  39-69  agency's managing conservatorship for a period of time specified by
  39-70  the court;
   40-1              (11) <(7)  determine> whether a long-term foster care
   40-2  placement is in the child's best interest because of the child's
   40-3  special needs or circumstances and, if so, begin a long-term foster
   40-4  care placement;
   40-5              (12) <(8)  determine> whether a child is 16 years of
   40-6  age or older and, if so, order the services that are needed to
   40-7  assist the child in making the transition from foster care to
   40-8  independent living if the services are available in the community;
   40-9              (13) <(9)  determine> whether the child has been placed
  40-10  with the department under a voluntary placement agreement and, if
  40-11  so, order that the department will institute further proceedings or
  40-12  return the child to the parents;
  40-13              (14) <(10)  determine> whether the department or
  40-14  authorized agency has custody, care, and control of the child under
  40-15  an affidavit of relinquishment of parental rights naming the
  40-16  department managing conservator and, if so, direct the department
  40-17  or authorized agency to institute further proceedings; and
  40-18              (15) <(11)  determine> whether parental rights to the
  40-19  child have been terminated and, if so, determine whether the
  40-20  department or authorized agency will attempt to place the child for
  40-21  adoption.
  40-22        SECTION 103.  Section 263.308, Family Code, as added by H.B.
  40-23  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-24  amended to read as follows:
  40-25        Sec. 263.308.  PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
  40-26  <(a)>  In a case in which the court determines that an order for
  40-27  the child to remain in the managing conservatorship of the
  40-28  department or other agency is appropriate, the court shall make a
  40-29  finding that the child's parents understand that unless the parents
  40-30  are willing and able to provide the child with a safe environment,
  40-31  even with the assistance of a service plan, the parents' parental
  40-32  and custodial duties and rights may be subject to restriction or to
  40-33  termination under this code.
  40-34        <(b)  In the case of a child residing in foster care for at
  40-35  least 18 months, the court shall determine the appropriateness of
  40-36  the target date by which the child may return home.  The court may
  40-37  also enter further orders that are appropriate.>
  40-38        SECTION 104.  Section 264.009, Family Code, as added by H.B.
  40-39  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
  40-40  amended to read as follows:
  40-41        Sec. 264.009.  LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
  40-42  COURT>.  (a)  Except as provided by Subsection (b), in <In> any
  40-43  action <suit brought> under this title <in which the department
  40-44  requests to be named conservator of a child>, the department shall
  40-45  be represented in <the trial> court by the:
  40-46              (1)  prosecuting attorney who represents the state in
  40-47  criminal cases in the district or county court of the county where
  40-48  the action <suit> is brought <filed or transferred>; or
  40-49              (2)  attorney general.
  40-50        (b)  In a county with a population of 2,800,000 or more, in
  40-51  an action under this title, the department shall be represented in
  40-52  court by the:
  40-53              (1)  attorney who represents the state in civil cases
  40-54  in the district or county court of the county where the action is
  40-55  brought; or
  40-56              (2)  attorney general.
  40-57        SECTION 105.  Subchapter B, Chapter 264, Family Code, as
  40-58  added by H.B. No. 655, Acts of the 74th Legislature, Regular
  40-59  Session, 1995, is amended by adding Section 264.109 to read as
  40-60  follows:
  40-61        Sec. 264.109.  ASSIGNMENT OF SUPPORT RIGHTS IN FOSTER CARE
  40-62  CASES.  (a)  The placement of a child in substitute care by the
  40-63  department constitutes an assignment to the state of any support
  40-64  rights attributable to the child as of the date the child is placed
  40-65  in such care.
  40-66        (b)  If a child placed by the department in substitute care
  40-67  is entitled under federal law to Title IV-D child support
  40-68  enforcement services without the requirement of an application for
  40-69  services, the department shall immediately refer the case to the
  40-70  Title IV-D agency.  If an application for Title IV-D child support
   41-1  services is required and the department has been named managing
   41-2  conservator of the child, then an authorized representative of the
   41-3  department shall be the designated individual entitled to apply for
   41-4  child support services on behalf of the child and shall promptly
   41-5  apply for such services.
   41-6        (c)  The department and the Title IV-D agency shall execute a
   41-7  memorandum of understanding for the implementation of the
   41-8  provisions of this section and for the allocation between the
   41-9  department and the agency, consistent with federal laws and
  41-10  regulations, of any child support funds recovered by the Title IV-D
  41-11  agency in substitute care cases.  All child support funds recovered
  41-12  under this section and retained by the department or the Title IV-D
  41-13  agency and any federal matching or incentive funds resulting from
  41-14  child support collection efforts in substitute care cases shall be
  41-15  in excess of amounts otherwise appropriated to either the
  41-16  department or the Title IV-D agency by the legislature.
  41-17        SECTION 106.  Chapter 34, Government Code, is amended by
  41-18  adding Section 34.0021 to read as follows:
  41-19        Sec. 34.0021.  DISCRIMINATION IN CONDUCTING OR REFUSING TO
  41-20  CONDUCT MARRIAGE CEREMONY.  (a)  A person authorized under Section
  41-21  1.83(a)(4), Family Code, to conduct a marriage ceremony may not
  41-22  discriminate against an applicant who is otherwise qualified to be
  41-23  married on the basis of race, religion, or national origin.
  41-24        (b)  On a finding by the State Commission on Judicial Conduct
  41-25  that a judge or justice of a court listed in Section 1.83(a)(4),
  41-26  Family Code, intentionally violated Subsection (a), the commission
  41-27  may recommend to the supreme court that the judge or justice be
  41-28  removed from office.
  41-29        SECTION 107.  Section 192.003, Health and Safety Code, is
  41-30  amended by amending Subsection (d), as added by Section 1, Chapter
  41-31  519, Acts of the 73rd Legislature, 1993, and Subsections (e) and
  41-32  (f) to read as follows:
  41-33        (e)  If the mother of the child is not married to the father
  41-34  of the child, a person listed by Subsection (a) or (b) who is
  41-35  responsible for filing the birth certificate shall <(d)  On the
  41-36  birth of a child, the hospital, physician, midwife, or person
  41-37  acting as a midwife in attendance or their designee at a birth
  41-38  may>:
  41-39              (1)  provide an opportunity for the child's mother and
  41-40  biological father to sign the birth certificate or a form
  41-41  prescribed by the department in which the biological father
  41-42  consents to be named as the child's father on the child's birth
  41-43  certificate; and
  41-44              (2)  provide written information about establishing
  41-45  paternity, including an explanation of the rights and
  41-46  responsibilities of acknowledging paternity and information about
  41-47  the availability of<, including an application for> child support
  41-48  services, <furnished by the attorney general,> to the child's
  41-49  mother and the father, if present <regarding the benefits of having
  41-50  her child's paternity established and of the availability of
  41-51  paternity establishment services>.
  41-52        (f) <(e)>  The local registrar shall transmit signed consent
  41-53  forms to the state registrar.
  41-54        (g) <(f)>  The state registrar shall transmit signed consent
  41-55  forms to the attorney general who may use such forms for any
  41-56  purpose directly connected with the provision of child support
  41-57  services pursuant to Chapter 76, Human Resources Code.
  41-58        SECTION 108.  Section 8, Article 1.05, Title 79, Revised
  41-59  Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
  41-60  amended to read as follows:
  41-61        Sec. 8.  This article does not apply to interest that accrues
  41-62  on <delinquent> child support under Section 157.265 <14.34>, Family
  41-63  Code.
  41-64        SECTION 109.  Section 3.59, Family Code, and Subsection (f),
  41-65  Section 105.006, Family Code, as added by H.B. No. 655, Acts of the
  41-66  74th Legislature, Regular Session, 1995, are repealed.
  41-67        SECTION 110.  The following are repealed:
  41-68              (1)  Subsections (c) and (d), Section 1.82, Family
  41-69  Code;
  41-70              (2)  Subsections (c) and (d), Section 1.83, Family
   42-1  Code;
   42-2              (3)  Section 2.48, Family Code;
   42-3              (4)  Section 3.57, Family Code;
   42-4              (5)  Chapter 72, Family Code.
   42-5        SECTION 111.  This Act takes effect September 1, 1995, and
   42-6  applies to a pending suit affecting the parent-child relationship
   42-7  without regard to whether the suit was commenced before, on, or
   42-8  after the effective date of this Act.
   42-9        SECTION 112.  The importance of this legislation and the
  42-10  crowded condition of the calendars in both houses create an
  42-11  emergency and an imperative public necessity that the
  42-12  constitutional rule requiring bills to be read on three several
  42-13  days in each house be suspended, and this rule is hereby suspended.
  42-14                               * * * * *