1-1  By:  Harris                                           S.B. No. 1408
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 11, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 6, Nays 0; April 11, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1408                  By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the parent-child relationship and certain child welfare
   1-11  services.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (a), Section 11.09, Family Code, is
   1-14  amended to read as follows:
   1-15        (a)  Except as provided in Subsection (b) <of this section>,
   1-16  the following <persons> are entitled to service of citation on the
   1-17  filing of a petition in a suit affecting the parent-child
   1-18  relationship:
   1-19              (1)  the managing conservator, if any;
   1-20              (2)  possessory conservators, if any;
   1-21              (3)  persons, if any, having access to the child under
   1-22  an order of the court;
   1-23              (4)  persons, if any, required by law or by order of a
   1-24  court to provide for the support of a child;
   1-25              (5)  the guardian of the person of the child, if any;
   1-26              (6)  the guardian of the estate of the child, if any;
   1-27              (7)  each parent as to whom the parent-child
   1-28  relationship has not been terminated or process has not been waived
   1-29  under Section 15.03(c)(2) <of this code>; <and>
   1-30              (8)  the alleged father or probable father, unless
   1-31  there is attached to the petition an affidavit of waiver of
   1-32  interest in a child executed by the alleged father or probable
   1-33  father as provided in Section 15.041; and <of this code>
   1-34              (9)  the Department of Protective and Regulatory
   1-35  Services, if the petition requests that the department be appointed
   1-36  as managing conservator of the child.
   1-37        SECTION 2.  Subsection (d), Section 11.10, Family Code, is
   1-38  amended to read as follows:
   1-39        (d)  In any suit brought by a governmental entity seeking
   1-40  termination of the parent-child relationship or to be named
   1-41  conservator of a child, the court immediately shall appoint an
   1-42  attorney ad litem to represent the interests of the child <as soon
   1-43  as practicable> to insure adequate representation of the child's
   1-44  interest.  In a suit in which the Department of Protective and
   1-45  Regulatory Services, an authorized agency, or a licensed
   1-46  child-placing agency is named managing conservator of a child who,
   1-47  regardless of whether the child is institutionalized, requires
   1-48  continuous care and personal supervision because of a mental or
   1-49  physical disability, the court shall appoint a guardian ad litem to
   1-50  represent the interests of the child.  In any suit in which
   1-51  termination of the parent-child relationship is sought, the court
   1-52  shall appoint an attorney ad litem to represent the interests of
   1-53  each indigent parent of the child who responds in opposition to the
   1-54  termination.  If both parents of the child are indigent and oppose
   1-55  termination and the court finds that the interests of the parents
   1-56  are not in conflict, the court may appoint a single attorney ad
   1-57  litem to represent the interests of both parents.
   1-58        SECTION 3.  Section 14.02, Family Code, is amended to read as
   1-59  follows:
   1-60        Sec. 14.02.  COURT TO SPECIFY RIGHTS AND DUTIES<, PRIVILEGES,
   1-61  DUTIES, AND POWERS> OF PARENT APPOINTED AS <A> CONSERVATOR.
   1-62  <(a)>  If both parents are appointed as conservators of the child,
   1-63  <either by agreement between the parties or by court order,> the
   1-64  court shall specify the rights and<, privileges,> duties<, and
   1-65  powers of a parent that are to be retained by both parents, the
   1-66  rights, privileges, duties, and powers> of a parent that are to be
   1-67  exercised:
   1-68              (1)  by each parent independently;
    2-1              (2)  by the agreement of the parents; and
    2-2              (3)  <jointly, and the rights, privileges, duties, and
    2-3  powers that are to be exercised> exclusively by one parent.
    2-4        Sec. 14.0201.  LIMITATION OF PARENTAL RIGHTS AND DUTIES.  The
    2-5  court may limit the rights and duties of <Each parent retains the
    2-6  right to receive information from the other parent concerning the
    2-7  health, education, and welfare of the child and, to the extent
    2-8  possible, the right to confer with the other parent before making a
    2-9  decision concerning the health, education, and welfare of the
   2-10  child, and the court shall specify these rights in the order.>
   2-11        <(b)  Unless by written findings the court determines it
   2-12  would not be in the best interest of the child,> a parent appointed
   2-13  as a conservator if the court determines the limitation is in the
   2-14  child's best interests.
   2-15        Sec. 14.0202.  RIGHTS AND DUTIES DURING POSSESSION.  Subject
   2-16  to a limitation imposed under Section 14.0201, <of the child
   2-17  retains the following rights, privileges, duties, and powers of a
   2-18  parent, subject to any limitation imposed by court order in
   2-19  allowing access to the child:>
   2-20              <(1)> a parent appointed as a conservator of a child
   2-21  has the following rights and duties during the period that the
   2-22  parent has possession of the child:
   2-23              (1) <(A)>  the right to physical possession and to
   2-24  direct the moral and religious training of the child;
   2-25              (2) <(B)>  the duty of care, control, protection, and
   2-26  reasonable discipline of the child;
   2-27              (3) <(C)>  the duty to support the child, including
   2-28  providing the child with clothing, food, shelter, and medical and
   2-29  dental care not involving an invasive procedure; and
   2-30              (4) <(D)>  the right <power> to consent to medical,
   2-31  dental, and surgical treatment during an emergency involving an
   2-32  immediate danger to the health and safety of the child.<;>
   2-33        Sec. 14.0203.  RIGHTS AND DUTIES AT ALL TIMES.  Subject to a
   2-34  limitation imposed under Section 14.0201, a <(2)  each> parent
   2-35  appointed as a conservator of a child has the following rights and
   2-36  duties <at all times>:
   2-37              (1)  as specified by court order:
   2-38                    (A)  the right to receive information from the
   2-39  other parent concerning the health, education, and welfare of the
   2-40  child; and
   2-41                    (B)  to the extent possible, the right to confer
   2-42  with the other parent before making a decision concerning the
   2-43  health, education, and welfare of the child;
   2-44              (2) <(A)>  the right of access to medical, dental,
   2-45  psychological, and educational records of the child;
   2-46              (3) <(B)>  the right to consult with a <any> physician,
   2-47  dentist, or psychologist of the child;
   2-48              (4) <(C)>  the right to consult with school officials
   2-49  concerning the child's welfare and educational status, including
   2-50  school activities;
   2-51              (5) <(D)>  the right to attend school activities;
   2-52              (6) <(E)>  the right to be designated on the child's
   2-53  <any> records as a person to be notified in case of an emergency;
   2-54              (7)  the right to consent to medical, dental, and
   2-55  surgical treatment during an emergency involving an immediate
   2-56  danger to the health and safety of the child; and
   2-57              (8) <(F)>  the right to manage the estate of the child
   2-58  to the extent the estate has been created by the parent or the
   2-59  parent's family.<; and>
   2-60        Sec. 14.0204.  RIGHTS AND DUTIES OF PARENT WHO IS SOLE
   2-61  MANAGING CONSERVATOR.  Subject to a limitation imposed under
   2-62  Section 14.0201, <(3)>  a parent appointed as the sole managing
   2-63  conservator of a child exclusively has:
   2-64              (1) <(A)>  the right to the services and earnings of
   2-65  the child;
   2-66              (2) <(B)>  the right <power> to consent to marriage, to
   2-67  enlistment in the armed forces of the United States, to medical,
   2-68  dental, and surgical treatment involving invasive procedures, and
   2-69  to psychiatric and psychological treatment;
   2-70              (3) <(C)>  the right <power> to represent the child in
    3-1  legal action and to make other decisions of substantial legal
    3-2  significance concerning the child, including the right to establish
    3-3  the primary residence of the child;
    3-4              (4)  <,> except when a guardian of the child's estate
    3-5  or a guardian or attorney ad litem has been appointed for the
    3-6  child, a right <power> as an agent of the child to act in relation
    3-7  to the child's estate if the child's action is required by a state,
    3-8  the United States, or a foreign government; and
    3-9              (5) <(D)>  the right <power> to receive and give
   3-10  receipt for periodic payments for the support of the child and to
   3-11  hold or disburse these funds for the benefit of the child.
   3-12        Sec. 14.0205.  RIGHTS AND DUTIES OF MANAGING CONSERVATOR
   3-13  OTHER THAN PARENT.  <(c)>  A managing conservator who is not the
   3-14  parent of the child has the following rights and<, privileges,>
   3-15  duties<, and powers>, subject to the same limitations that apply to
   3-16  a parent under Section 14.0201, <Subsection (b) of this section,
   3-17  to> the rights and<, privileges,> duties<, and powers> of a
   3-18  possessory conservator as provided in Section 14.04 <of this code>,
   3-19  and <to> any limitation imposed by court order in allowing access
   3-20  to the child:
   3-21              (1)  the right to have physical possession and<,> to
   3-22  direct the moral and religious training<, and to establish the
   3-23  legal domicile> of the child;
   3-24              (2)  the duty of care, control, protection, and
   3-25  reasonable discipline of the child;
   3-26              (3)  the duty to provide the child with clothing, food,
   3-27  shelter, and education;
   3-28              (4)  the right to the services and earnings of the
   3-29  child;
   3-30              (5)  the right <power> to consent to marriage, to
   3-31  enlistment in the armed forces of the United States, and to
   3-32  medical, psychiatric, psychological, dental, and surgical
   3-33  treatment;
   3-34              (6)  the right <power> to represent the child in legal
   3-35  action and to make other decisions of substantial legal
   3-36  significance concerning the child;
   3-37              (7)  <including,> except when a guardian of the child's
   3-38  estate or a guardian or attorney ad litem has been appointed for
   3-39  the child, a right <power> as an agent of the child to act in
   3-40  relation to the child's estate if the child's action is required by
   3-41  a state, the United States, or a foreign government;
   3-42              (8) <(7)>  the right <power> to receive and give
   3-43  receipt for periodic payments for the support of the child and to
   3-44  hold or disburse these funds for the benefit of the child;
   3-45              (9)  the right to establish the primary residence of
   3-46  the child; and
   3-47              (10) <(8)>  if the parent-child relationship has been
   3-48  terminated with respect to the parents, or only living parent, or
   3-49  if there is no living parent, the right <power> to consent to the
   3-50  adoption of the child and to make any other decision concerning the
   3-51  child that a parent could make.
   3-52        Sec. 14.0206.  RIGHTS AND DUTIES OF MANAGING CONSERVATOR
   3-53  DESIGNATED IN AFFIDAVIT OF RELINQUISHMENT.  <(d)>  A person or
   3-54  authorized agency designated managing conservator of a child in an
   3-55  irrevocable or unrevoked affidavit of relinquishment executed
   3-56  pursuant to Section 15.03 <of this code> shall have a right to
   3-57  possession of the child superior to the right of the person
   3-58  executing the affidavit, the right to consent to medical and
   3-59  surgical treatment of the child, and the rights and<, privileges,>
   3-60  duties<, and powers> given by Section 14.04 <of this code> to a
   3-61  possessory conservator until such time as these rights and<,
   3-62  privileges,> duties<, and powers> are modified or terminated by
   3-63  court order.
   3-64        Sec. 14.0207.  EFFECT OF APPOINTMENT OF MANAGING CONSERVATOR
   3-65  ON RIGHT TO INHERIT.  <(e)>  The appointment of a managing
   3-66  conservator does not create, rescind, or otherwise alter a right to
   3-67  inherit as established by law or as modified under Chapter 15 <of
   3-68  this code>.
   3-69        SECTION 4.  The heading of Section 14.051, Family Code, is
   3-70  amended to read as follows:
    4-1        Sec. 14.051.  SUPPORT AND POSSESSION OF, AND ACCESS TO, <FOR>
    4-2  A MINOR OR ADULT DISABLED CHILD.
    4-3        SECTION 5.  Section 14.051, Family Code, is amended by
    4-4  amending Subsections (b), (g), and (h) and by adding Subsection (l)
    4-5  to read as follows:
    4-6        (b)  The court may order either or both parents to provide
    4-7  for the support of a child for an indefinite period and determine
    4-8  the rights and<, privileges,> duties<, and powers> of the child's
    4-9  parents for the support of the child if the court finds that:
   4-10              (1)  the child, whether institutionalized or not,
   4-11  requires substantial care and personal supervision because of a
   4-12  mental or physical disability and will not be able to support
   4-13  himself; and
   4-14              (2)  the disability exists, or the cause of the
   4-15  disability is known to exist, before or on the 18th birthday of the
   4-16  child.
   4-17        (g)  In determining the amount of support to be paid after a
   4-18  child's 18th birthday, the specific terms and conditions of that
   4-19  support, and the rights and<, privileges,> duties<, and powers> of
   4-20  both parents with respect to the support of the child, the court
   4-21  shall determine and give special consideration to:
   4-22              (1)  any existing or future needs of the adult child
   4-23  directly related to the adult child's mental or physical disability
   4-24  and the substantial care and personal supervision directly required
   4-25  by or related to that disability;
   4-26              (2)  whether the parent pays for or will pay for the
   4-27  care or supervision of the adult child or provides or will provide
   4-28  substantial care or personal supervision of the adult child;
   4-29              (3)  the financial resources available to both parents
   4-30  for the support, care, and supervision of the adult child; and
   4-31              (4)  any other financial resources or other resources
   4-32  or programs available for the support, care, and supervision of the
   4-33  adult child.
   4-34        (h)  An order under this section may contain provisions
   4-35  governing the rights and<, privileges,> duties<, and powers> of
   4-36  both parents with respect to the support of the child and may be
   4-37  modified or enforced in the same manner as any other order under
   4-38  this title.
   4-39        (l)  The court may render an order for the possession of or
   4-40  access to an adult disabled child that is appropriate under the
   4-41  circumstances.  Possession of or access to the adult disabled child
   4-42  is enforceable in the manner provided by Subchapter B, except that
   4-43  an adult disabled child may refuse possession or access if the
   4-44  adult disabled child is mentally competent.
   4-45        SECTION 6.  Section 107.004, Family Code, as added by H.B.
   4-46  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   4-47  amended by amending Subsection (c) and adding Subsection (d) to
   4-48  read as follows:
   4-49        (c)  A court-appointed volunteer, a board member or employee
   4-50  of a volunteer advocate charitable organization, or a member of an
   4-51  administrative review board <person> is not liable for civil
   4-52  damages for a recommendation made or opinion rendered while serving
   4-53  or having served as a court-appointed volunteer, board member or
   4-54  employee of a volunteer advocate charitable organization, or member
   4-55  of an administrative review board under this section unless the act
   4-56  or failure to act is wilfully wrongful, committed with conscious
   4-57  indifference or reckless disregard for the safety of another,
   4-58  committed in bad faith or with malice, or is grossly negligent.
   4-59        (d)  The court shall require that a volunteer advocate
   4-60  prepare a written report for the court.  The report may only
   4-61  contain information that is relevant to the suit for which the
   4-62  volunteer advocate was appointed.  A court or jury may consider a
   4-63  report prepared by a volunteer advocate only if:
   4-64              (1)  the volunteer advocate is present and available to
   4-65  testify; or
   4-66              (2)  the deposition of the volunteer advocate has been
   4-67  taken under the Texas Rules of Civil Procedure and all parties to
   4-68  the suit have had an opportunity to cross-examine the volunteer
   4-69  advocate under oath.
   4-70        SECTION 7.  Subsection (a), Section 264.602, Family Code, as
    5-1  added by H.B. No. 655, Acts of the 74th Legislature, Regular
    5-2  Session, 1995, is amended to read as follows:
    5-3        (a)  The statewide organization with which the attorney
    5-4  general contracts under Section 264.603 shall contract for services
    5-5  with <each> eligible volunteer advocate programs <program> to
    5-6  expand the existing services of the program.
    5-7        SECTION 8.  Section 264.603, Family Code, as added by H.B.
    5-8  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
    5-9  amended to read as follows:
   5-10        Sec. 264.603.  ADMINISTRATIVE CONTRACTS.  (a) The attorney
   5-11  general shall contract with one statewide organization of
   5-12  individuals or groups of individuals who have expertise in the
   5-13  dynamics of child abuse and neglect and experience in operating
   5-14  volunteer advocate programs to<:>
   5-15              <(1)>  provide training, technical assistance, and
   5-16  evaluation services for the benefit of local volunteer advocate
   5-17  programs<; and>
   5-18              <(2)  manage the attorney general's contracts under
   5-19  Section 264.602>.
   5-20        (b)  The contract under this section shall provide that not
   5-21  more than 12 percent of the annual legislative appropriation to
   5-22  implement this subchapter may be spent for administrative purposes
   5-23  by the statewide organization with which the attorney general
   5-24  contracts under this section.
   5-25        SECTION 9.  Subsection (b), Section 264.604, Family Code, as
   5-26  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   5-27  Session, 1995, is amended to read as follows:
   5-28        (b)  The statewide organization with which the attorney
   5-29  general contracts under Section 264.603 may not contract with a
   5-30  person that is not eligible under this section.  However, the
   5-31  statewide organization <attorney general> may waive the requirement
   5-32  in Subsection (a)(3) for an established program in a rural area or
   5-33  under other special circumstances.
   5-34        SECTION 10.  Section 264.606, Family Code, as added by H.B.
   5-35  No. 655, Acts of the 74th Legislature, Regular Session, 1995, is
   5-36  amended to read as follows:
   5-37        Sec. 264.606.  CRITERIA FOR AWARD OF CONTRACTS.  The
   5-38  statewide organization with which the attorney general contracts
   5-39  under Section 264.603 shall consider the following in awarding a
   5-40  contract under Section 264.602:
   5-41              (1)  the volunteer advocate program's eligibility for
   5-42  and use of funds from local, state, or federal governmental
   5-43  sources, philanthropic organizations, and other sources;
   5-44              (2)  community support for the volunteer advocate
   5-45  program as indicated by financial contributions from civic
   5-46  organizations, individuals, and other community resources;
   5-47              (3)  whether the volunteer advocate program provides
   5-48  services that encourage the permanent placement of children through
   5-49  reunification with their families or timely placement with an
   5-50  adoptive family; and
   5-51              (4)  whether the volunteer advocate program has the
   5-52  endorsement and cooperation of the local juvenile court system.
   5-53        SECTION 11.  Subsection (b), Section 264.607, Family Code, as
   5-54  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   5-55  Session, 1995, is amended to read as follows:
   5-56        (b)  The statewide organization with which the attorney
   5-57  general contracts under Section 264.603 may require that a contract
   5-58  under Section 264.602 require the volunteer advocate program to use
   5-59  forms provided by the attorney general.
   5-60        SECTION 12.  Subsection (c), Section 264.612, Family Code, as
   5-61  added by H.B. No. 655, Acts of the 74th Legislature, Regular
   5-62  Session, 1995, is repealed.
   5-63        SECTION 13.  This Act takes effect September 1, 1995.  The
   5-64  change in law to Section 107.004, Family Code, made by this Act
   5-65  applies only to a cause of action that arises on or after that
   5-66  date.  A cause of action that arose before September 1, 1995, is
   5-67  governed by the law in effect at the time the cause of action
   5-68  arose, and the former law is continued in effect for that purpose.
   5-69        SECTION 14.  The importance of this legislation and the
   5-70  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended.
    6-4                               * * * * *