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 * * * * *