By Goodman H.B. No. 1827
75R1570 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parent-child relationship and suits affecting the
1-3 parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 102.004, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 102.004. ADDITIONAL STANDING FOR GRANDPARENT. (a) An
1-8 original suit requesting managing conservatorship may be filed by a
1-9 grandparent if there is satisfactory proof to the court that:
1-10 (1) the order requested is necessary because the
1-11 child's present environment presents a serious question concerning
1-12 the child's physical health or welfare; or
1-13 (2) both parents, the surviving parent, or the
1-14 managing conservator or custodian either filed the petition or
1-15 consented to the suit.
1-16 (b) An original suit requesting possessory conservatorship
1-17 may not be filed by a grandparent or other person. However, the
1-18 court may grant a grandparent or other person deemed by the court
1-19 to have had substantial past contact with the child leave to
1-20 intervene in a pending suit filed by a person authorized to do so
1-21 under this subchapter.
1-22 (c) Access to a child by a grandparent is governed by the
1-23 standards established by Chapter 153.
1-24 SECTION 2. Section 102.0085(a), Family Code, is amended to
2-1 read as follows:
2-2 (a) A party to a proceeding brought under this title
2-3 [chapter and Chapters 151, 153, 154, and 160] shall include in the
2-4 first pleading filed by the party in the proceeding the following
2-5 statement:
2-6 "I AM AWARE THAT IT IS THE POLICY OF THE STATE OF TEXAS TO PROMOTE
2-7 THE AMICABLE AND NONJUDICIAL SETTLEMENT OF DISPUTES INVOLVING
2-8 CHILDREN AND FAMILIES. I AM AWARE OF ALTERNATIVE DISPUTE
2-9 RESOLUTION METHODS INCLUDING MEDIATION. WHILE I RECOGNIZE THAT
2-10 ALTERNATIVE DISPUTE RESOLUTION IS AN ALTERNATIVE TO AND NOT A
2-11 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE MAY BE TRIED IF IT IS NOT
2-12 SETTLED, I REPRESENT TO THE COURT THAT I WILL ATTEMPT IN GOOD FAITH
2-13 TO RESOLVE CONTESTED ISSUES IN THIS CASE BY ALTERNATIVE DISPUTE
2-14 RESOLUTION WITHOUT THE NECESSITY OF COURT INTERVENTION."
2-15 SECTION 3. Section 102.012(b), Family Code, is amended to
2-16 read as follows:
2-17 (b) The court's authority to resolve all issues in
2-18 controversy between the parties may be restricted because the court
2-19 lacks:
2-20 (1) the required personal jurisdiction over a
2-21 nonresident party;
2-22 (2) the required jurisdiction under Chapter 152; or
2-23 (3) the required jurisdiction under Chapter 159 [157].
2-24 SECTION 4. Section 105.002(c), Family Code, is amended to
2-25 read as follows:
2-26 (c) The court may not render an order that contravenes the
2-27 verdict of the jury, except with respect to the issues of the
3-1 specific terms and conditions of possession of and access to the
3-2 child, support of the child, and the rights and[, privileges,]
3-3 duties[, and powers] of sole managing conservators, joint managing
3-4 conservators, or possessory conservators, on which the court may
3-5 submit or refuse to submit issues to the jury as the court
3-6 determines appropriate, and on which issues the jury verdict is
3-7 advisory only.
3-8 SECTION 5. Section 106.002(a), Family Code, is amended to
3-9 read as follows:
3-10 (a) In a suit under this title [subtitle], the court may
3-11 order reasonable attorney's fees as costs and order the fees to be
3-12 paid directly to an attorney.
3-13 SECTION 6. Section 107.001(d), Family Code, is amended to
3-14 read as follows:
3-15 (d) A guardian ad litem shall be appointed to represent any
3-16 other person entitled to service of citation under this code if the
3-17 person is incapacitated [incompetent] or a child, unless the person
3-18 has executed an affidavit of relinquishment of parental rights or
3-19 an affidavit of waiver of interest in child containing a waiver of
3-20 service of citation.
3-21 SECTION 7. Section 108.003(a), Family Code, is amended to
3-22 read as follows:
3-23 (a) The clerk of a court that renders a decree of adoption
3-24 shall, not later than the 10th day of the first month after the
3-25 month in which the adoption is rendered, transmit to the central
3-26 registry of the bureau of vital statistics certified report of
3-27 adoption that includes:
4-1 (1) the name of the adopted child after adoption as
4-2 shown in the adoption order;
4-3 (2) the birth date of the adopted child;
4-4 (3) the docket number of the adoption suit;
4-5 (4) the identity of the court rendering the adoption;
4-6 (5) the date of the adoption order;
4-7 (6) the name and address of each parent, guardian,
4-8 managing conservator, or other person whose consent to adoption was
4-9 required or waived under Chapter 162 [159], or whose parental
4-10 rights were terminated in the adoption suit;
4-11 (7) the identity of the licensed child placing agency,
4-12 if any, through which the adopted child was placed for adoption;
4-13 and
4-14 (8) the identity, address, and telephone number of the
4-15 registry through which the adopted child may register as an
4-16 adoptee.
4-17 SECTION 8. Section 109.002(b), Family Code, is amended to
4-18 read as follows:
4-19 (b) An appeal may be taken by any party to a suit from a
4-20 final order rendered under this title [subtitle].
4-21 SECTION 9. Section 151.004(a), Family Code, is amended to
4-22 read as follows:
4-23 (a) A living human child born alive after an abortion or
4-24 premature birth is entitled to the same rights [, powers,] and
4-25 duties [privileges] as are granted by the laws of this state to any
4-26 other child born alive after the normal gestation period.
4-27 SECTION 10. Section 152.005(b), Family Code, is amended to
5-1 read as follows:
5-2 (b) Notice under this section must be delivered, mailed, or
5-3 published with sufficient time to allow for filing of an answer
5-4 before any hearing in this state, in accordance with the Texas
5-5 Rules of Civil Procedure applicable to the filing of an original
5-6 lawsuit. Each party whose rights and [, privileges,] duties[, or
5-7 powers] may be affected by the action is entitled to receive notice
5-8 by citation and shall be commanded to appear by filing a written
5-9 answer. Thereafter, the proceedings shall be as in civil cases
5-10 generally.
5-11 SECTION 11. Section 153.074, Family Code, is amended to read
5-12 as follows:
5-13 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
5-14 Unless limited by court order, a parent appointed as a conservator
5-15 of a child has the following rights and duties during the period
5-16 that the parent has possession of the child:
5-17 (1) the duty of care, control, protection, and
5-18 reasonable discipline of the child;
5-19 (2) the duty to support the child, including providing
5-20 the child with clothing, food, shelter, and medical and dental care
5-21 not involving an invasive procedure;
5-22 (3) the right to consent for the child to medical and
5-23 dental care not involving an invasive procedure; and
5-24 (4) [the right to consent for the child to medical,
5-25 dental, and surgical treatment during an emergency involving
5-26 immediate danger to the health and safety of the child; and]
5-27 [(5)] the right to direct the moral and religious
6-1 training of the child.
6-2 SECTION 12. Section 153.432, Family Code, is amended to read
6-3 as follows:
6-4 Sec. 153.432. SUIT FOR ACCESS BY GRANDPARENT. (a) A
6-5 biological or adoptive grandparent may request access to a
6-6 grandchild by filing:
6-7 (1) an original suit; or
6-8 (2) a suit for modification as provided by Chapter
6-9 156.
6-10 (b) A grandparent may request access to a grandchild in a
6-11 suit filed for the sole purpose of requesting the relief, without
6-12 regard to whether the appointment of a managing conservator is an
6-13 issue in the suit.
6-14 SECTION 13. Section 153.433, Family Code, is amended to read
6-15 as follows:
6-16 Sec. 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD. The
6-17 court may order reasonable access to a grandchild by a grandparent
6-18 if:
6-19 (1) at the time the relief is requested, at least one
6-20 biological or adoptive parent of the child has not had that
6-21 parent's parental rights terminated; and
6-22 (2) access is in the best interest of the child, and
6-23 at least one of the following facts is present:
6-24 (A) the grandparent requesting access to the
6-25 child is a parent of a parent of the child and that parent of the
6-26 child has been incarcerated in jail or prison during the
6-27 three-month period preceding the filing of the petition or has been
7-1 found by a court to be incapacitated [incompetent] or is dead;
7-2 (B) the parents of the child are divorced or
7-3 have been living apart for the three-month period preceding the
7-4 filing of the petition or a suit for the dissolution of the
7-5 parents' marriage is pending;
7-6 (C) the child has been abused or neglected by a
7-7 parent of the child;
7-8 (D) the child has been adjudicated to be a child
7-9 in need of supervision or a delinquent child under Title 3;
7-10 (E) the grandparent requesting access to the
7-11 child is the parent of a person whose parent-child relationship
7-12 with the child has been terminated by court order; or
7-13 (F) the child has resided with the grandparent
7-14 requesting access to the child for at least six months within the
7-15 24-month period preceding the filing of the petition.
7-16 SECTION 14. Section 155.001(a), Family Code, is amended to
7-17 read as follows:
7-18 (a) Except as otherwise provided by this section, a court
7-19 acquires continuing, exclusive jurisdiction over the matters
7-20 provided for by this title [subtitle] in connection with a child on
7-21 the rendition of a final order.
7-22 SECTION 15. Section 155.002, Family Code, is amended to read
7-23 as follows:
7-24 Sec. 155.002. RETAINING CONTINUING, EXCLUSIVE JURISDICTION.
7-25 Except as otherwise provided by this subchapter, a court with
7-26 continuing, exclusive jurisdiction retains jurisdiction of the
7-27 parties and matters provided by this title [subtitle].
8-1 SECTION 16. Section 155.101(a), Family Code, is amended to
8-2 read as follows:
8-3 (a) The petitioner or the court shall request from the
8-4 bureau of vital statistics identification of the court that last
8-5 had continuing, exclusive jurisdiction of the child in a suit
8-6 unless:
8-7 (1) the petition alleges that no court has continuing,
8-8 exclusive jurisdiction of the child and the issue is not disputed
8-9 by the pleadings; or
8-10 (2) the petition alleges that the court in which the
8-11 suit[, petition for further remedy,] or petition to modify has been
8-12 filed has acquired and retains continuing, exclusive jurisdiction
8-13 of the child as the result of a prior proceeding and the issue is
8-14 not disputed by the pleadings.
8-15 SECTION 17. Section 156.003, Family Code, is amended to read
8-16 as follows:
8-17 Sec. 156.003. NOTICE. A party whose rights and [,
8-18 privileges,] duties[, or powers] may be affected by a suit for
8-19 modification is entitled to receive notice by service of citation.
8-20 SECTION 18. Section 156.301, Family Code, is amended to read
8-21 as follows:
8-22 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
8-23 ACCESS. The court may modify an order that sets the terms and
8-24 conditions for possession of or access to a child or that
8-25 prescribes the relative rights and[, privileges,] duties[, and
8-26 powers] of conservators if:
8-27 (1) the circumstances of the child or a person
9-1 affected by the order have materially and substantially changed
9-2 since the date of the rendition of the order;
9-3 (2) the order has become unworkable or inappropriate
9-4 under existing circumstances;
9-5 (3) the notice of change of a conservator's residence
9-6 required by Chapter 105 [153] was not given or there was a change
9-7 in a conservator's residence to a place outside this state; or
9-8 (4) a conservator has repeatedly failed to give notice
9-9 of an inability to exercise possessory rights.
9-10 SECTION 19. Section 157.003(a), Family Code, is amended to
9-11 read as follows:
9-12 (a) A party requesting enforcement may join in the same
9-13 proceeding any claim and remedy provided for in this chapter, other
9-14 provisions of this title [subtitle], or other rules of law.
9-15 SECTION 20. Section 157.109(a), Family Code, is amended to
9-16 read as follows:
9-17 (a) The court may order the respondent to execute a bond or
9-18 post security if the court finds that the respondent:
9-19 (1) has on two or more occasions denied possession of
9-20 or access to a child who is the subject of the order; [or]
9-21 (2) is employed by an employer not subject to the
9-22 jurisdiction of the court; or
9-23 (3) is a person for whom income withholding is
9-24 unworkable or inappropriate.
9-25 SECTION 21. Section 157.165, Family Code, is amended to read
9-26 as follows:
9-27 Sec. 157.165. PROBATION OF CONTEMPT ORDER. The court may
10-1 place the respondent on community supervision and suspend
10-2 commitment if the court finds that the respondent is in contempt of
10-3 court for failure or refusal to obey an order rendered as provided
10-4 in this title [subtitle].
10-5 SECTION 22. Section 158.105(b), Family Code, is amended to
10-6 read as follows:
10-7 (b) In order to inform the employer, the clerk shall attach
10-8 a copy of Subchapter C [this subchapter] to the order or writ.
10-9 SECTION 23. Section 158.306(b), Family Code, is amended to
10-10 read as follows:
10-11 (b) If the notice is delivered by mailing or hand delivery,
10-12 the person that [attorney who] filed the notice shall file with the
10-13 court a certificate stating the name, address, and date on which
10-14 the mailing or hand delivery was made.
10-15 SECTION 24. Section 158.309(a), Family Code, is amended to
10-16 read as follows:
10-17 (a) If a motion to stay issuance is filed in the manner
10-18 provided by Section 158.307, the court shall set a hearing on the
10-19 motion and the clerk of court shall notify the obligor, obligee, or
10-20 their authorized representatives, and the person that [attorney
10-21 who] filed the notice of withholding of the date, time, and place
10-22 of the hearing.
10-23 SECTION 25. Section 158.310(c), Family Code, is amended to
10-24 read as follows:
10-25 (c) If the court sustains an exception, the court shall
10-26 provide the person [attorney] filing the notice of withholding an
10-27 opportunity to refile the notice and the court shall continue the
11-1 hearing to a date certain without the requirement of additional
11-2 service.
11-3 SECTION 26. Section 158.312(a), Family Code, is amended to
11-4 read as follows:
11-5 (a) If a notice of withholding is delivered and a motion to
11-6 stay is not filed within the time limits provided by Section
11-7 158.307, the person that [attorney who] filed the notice of
11-8 withholding shall file a request for issuance of the writ of
11-9 withholding by the clerk of the court.
11-10 SECTION 27. Section 158.315, Family Code, is amended to read
11-11 as follows:
11-12 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE [BY ATTORNEY];
11-13 UNREASONABLE HARDSHIP. If the person that [attorney who] filed the
11-14 notice of withholding finds that the schedule for repaying
11-15 arrearages would cause the obligor, the obligor's family, or the
11-16 children for whom the support is due from the obligor to suffer
11-17 unreasonable hardship, the person [attorney] may extend the payment
11-18 period in the writ.
11-19 SECTION 28. Section 158.319, Family Code, is amended to read
11-20 as follows:
11-21 Sec. 158.319. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
11-22 TO SUBSEQUENT EMPLOYER. (a) After the issuance of a writ of
11-23 withholding by the clerk, a person [an attorney] authorized to file
11-24 a notice of withholding under this subchapter may issue the writ of
11-25 withholding to a subsequent employer of the obligor by delivering
11-26 to the employer by certified mail a copy of the writ.
11-27 (b) The writ must include the name, address, and signature
12-1 of the person [attorney] and clearly indicate that the writ is
12-2 being issued to a subsequent employer.
12-3 (c) The person [attorney] shall file a copy of the writ with
12-4 the clerk not later than the third working day following delivery
12-5 of the writ to the subsequent employer. The person [attorney]
12-6 shall pay the clerk a fee of $15 at the time the copy of the writ
12-7 is filed.
12-8 (d) The person [attorney] shall file the postal return
12-9 receipt from the delivery to the subsequent employer not later than
12-10 the third working day after the person [attorney] receives the
12-11 receipt.
12-12 SECTION 29. Section 161.001, Family Code, is amended to read
12-13 as follows:
12-14 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
12-15 RELATIONSHIP. The court may order termination of the parent-child
12-16 relationship if the court finds by clear and convincing evidence:
12-17 (1) that the parent has:
12-18 (A) voluntarily left the child alone or in the
12-19 possession of another not the parent and expressed an intent not to
12-20 return;
12-21 (B) voluntarily left the child alone or in the
12-22 possession of another not the parent without expressing an intent
12-23 to return, without providing for the adequate support of the child,
12-24 and remained away for a period of at least three months;
12-25 (C) voluntarily left the child alone or in the
12-26 possession of another without providing adequate support of the
12-27 child and remained away for a period of at least six months;
13-1 (D) knowingly placed or knowingly allowed the
13-2 child to remain in conditions or surroundings which endanger the
13-3 physical or emotional well-being of the child;
13-4 (E) engaged in conduct or knowingly placed the
13-5 child with persons who engaged in conduct which endangers the
13-6 physical or emotional well-being of the child;
13-7 (F) failed to support the child in accordance
13-8 with his ability during a period of one year ending within six
13-9 months of the date of the filing of the petition;
13-10 (G) abandoned the child without identifying the
13-11 child or furnishing means of identification, and the child's
13-12 identity cannot be ascertained by the exercise of reasonable
13-13 diligence;
13-14 (H) voluntarily, and with knowledge of the
13-15 pregnancy, abandoned the mother of the child beginning at a time
13-16 during her pregnancy with the child and continuing through the
13-17 birth, failed to provide adequate support or medical care for the
13-18 mother during the period of abandonment before the birth of the
13-19 child, and remained apart from the child or failed to support the
13-20 child since the birth;
13-21 (I) contumaciously refused to submit to a
13-22 reasonable and lawful order of a court under Subchapter D, Chapter
13-23 261 [264];
13-24 (J) been the major cause of:
13-25 (i) the failure of the child to be
13-26 enrolled in school as required by the Education Code; or
13-27 (ii) the child's absence from the child's
14-1 home without the consent of the parents or guardian for a
14-2 substantial length of time or without the intent to return;
14-3 (K) executed before or after the suit is filed
14-4 an unrevoked or irrevocable affidavit of relinquishment of parental
14-5 rights as provided by this chapter;
14-6 (L) been adjudicated to be criminally
14-7 responsible for the death or serious injury of a child;
14-8 (M) had his or her parent-child relationship
14-9 terminated with respect to another child based on a finding that
14-10 the parent's conduct was in violation of Paragraph (D) or (E); or
14-11 (N) constructively abandoned the child who has
14-12 been in the permanent or temporary managing conservatorship of the
14-13 Department of Protective and Regulatory Services or an authorized
14-14 agency for not less than one year, and:
14-15 (i) the department or authorized agency
14-16 has made reasonable efforts to return the child to the parent;
14-17 (ii) the parent has not visited or
14-18 maintained contact with the child; and
14-19 (iii) the parent has demonstrated an
14-20 inability to provide the child with a safe environment; and
14-21 (2) that termination is in the best interest of the
14-22 child.
14-23 SECTION 30. Section 162.004(b), Family Code, as amended by
14-24 Chapters 751 and 908, Acts of the 74th Legislature, Regular
14-25 Session, 1995, is revised and amended to read as follows:
14-26 (b) For good cause shown, the court may set the hearing at
14-27 any time after an [that provides] adequate time for filing the
15-1 social study and notifying the court of the criminal history record
15-2 information for a person seeking to adopt the child has elapsed.
15-3 SECTION 31. Section 162.025, Family Code, is amended to read
15-4 as follows:
15-5 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
15-6 (a) A person who is not the natural or adoptive parent of the
15-7 child, the legal guardian of the child, or a child-placing agency
15-8 licensed under Chapter 42, Human Resources Code, commits an offense
15-9 if the person:
15-10 (1) serves as an intermediary between a prospective
15-11 adoptive parent and an expectant parent or parent of a minor child
15-12 to identify the parties to each other or facilitates the placement
15-13 of the child for adoption; or
15-14 (2) places a child for adoption.
15-15 (b) It is not an offense under this section if a
15-16 professional provides legal or medical services to:
15-17 (1) a parent who identifies the prospective adoptive
15-18 parent and places the child for adoption without the assistance of
15-19 the professional; or
15-20 (2) a prospective adoptive parent who identifies a
15-21 parent and receives placement of a child for adoption without the
15-22 assistance of the professional.
15-23 (c) An offense under this section is a Class B misdemeanor.
15-24 SECTION 32. Section 262.1015(d), Family Code, is amended to
15-25 read as follows:
15-26 (d) A temporary restraining order under this section expires
15-27 not later than the 14th [10th] day after the date the order was
16-1 rendered. The requirements of an adversary hearing for the removal
16-2 of a child from the child's home under Subchapter C apply to the
16-3 removal of an alleged perpetrator under this section.
16-4 SECTION 33. The change in law made by Section 262.1015(d),
16-5 Family Code, as amended by this Act, applies only to a temporary
16-6 restraining order rendered on or after the effective date of this
16-7 Act. A temporary restraining order rendered before the effective
16-8 date of this Act is governed by the law in effect on the date the
16-9 order was rendered, and the former law is continued in effect for
16-10 that purpose.
16-11 SECTION 34. The importance of this legislation and the
16-12 crowded condition of the calendars in both houses create an
16-13 emergency and an imperative public necessity that the
16-14 constitutional rule requiring bills to be read on three several
16-15 days in each house be suspended, and this rule is hereby suspended,
16-16 and that this Act take effect and be in force from and after its
16-17 passage, and it is so enacted.