76R8594 JMM-F                           
         By Goodman, Naishtat, Reyna of Bexar                  H.B. No. 1622
            Zbranek
         Substitute the following for H.B. No. 1622:
         By Reyna of Bexar                                 C.S.H.B. No. 1622
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the clarification of certain procedures in the Family
 1-3     Code.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 102.003, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  (a)  An
 1-8     original suit may be filed at any time by:
 1-9                 (1)  a parent of the child;
1-10                 (2)  the child through a representative authorized by
1-11     the court;
1-12                 (3)  a custodian or person having the right of
1-13     visitation with or access to the child appointed by an order of a
1-14     court of another state or country;
1-15                 (4)  a guardian of the person or of the estate of the
1-16     child;
1-17                 (5)  a governmental entity;
1-18                 (6)  an authorized agency;
1-19                 (7)  a licensed child placing agency;
1-20                 (8)  a man alleging himself to be the biological father
1-21     of a child filing in accordance with Chapter 160, subject to the
1-22     limitations of Section 160.101, but not otherwise;
1-23                 (9)  a person, other than a foster parent, who has had
1-24     actual care, control, and possession of the child for at least [not
 2-1     less than] six months ending not more than 90 days preceding the
 2-2     date of the filing of the petition;
 2-3                 (10)  a person designated as the managing conservator
 2-4     in a revoked or unrevoked affidavit of relinquishment under Chapter
 2-5     161 or to whom consent to adoption has been given in writing under
 2-6     Chapter 162;
 2-7                 (11)  a person with whom the child and the child's
 2-8     guardian, managing conservator, or parent have resided for at least
 2-9     [not less than] six months ending not more than 90 days preceding
2-10     the date of the filing of the petition if the child's guardian,
2-11     managing conservator, or parent is deceased at the time of the
2-12     filing of the petition; or
2-13                 (12)  a person who is the foster parent of a child
2-14     placed by the Department of Protective and Regulatory Services in
2-15     the person's home for at least 12 [a period of not less than 18]
2-16     months ending not more than 90 days preceding the date of the
2-17     filing of the petition.
2-18           (b)  In computing the time necessary for standing under
2-19     Subsections (a)(9), (11), and (12), the court may not require that
2-20     the time be continuous and uninterrupted but shall consider the
2-21     child's principal residence during the relevant time preceding the
2-22     date of commencing the suit.
2-23           SECTION 2.  Sections 105.001(b) and (d), Family Code, are
2-24     amended to read as follows:
2-25           (b)  Except as provided by Subsection (c), temporary
2-26     restraining orders and temporary injunctions under this section
2-27     shall be granted without the necessity of an affidavit or verified
 3-1     pleading stating specific facts showing that immediate and
 3-2     irreparable injury, loss, or damage will result before notice can
 3-3     be served and a hearing can be held.  Except as provided by
 3-4     Subsection (h), an order may not be rendered under Subsection
 3-5     (a)(1), (2), or (5) except after notice and a hearing.  A temporary
 3-6     restraining order or temporary injunction granted under this
 3-7     section need not:
 3-8                 (1)  define the injury or state why it is irreparable;
 3-9     [or]
3-10                 (2)  state why the order was granted without notice; or
3-11                 (3)  include an order setting the cause for trial on
3-12     the merits with respect to the ultimate relief requested.
3-13           (d)  In a suit, the court may dispense with the necessity
3-14     of[:]
3-15                 [(1)]  a bond in connection with temporary orders on
3-16     [in] behalf of the child[; and]
3-17                 [(2)  setting the cause for trial on the merits with
3-18     respect to the ultimate relief requested].
3-19           SECTION 3.  Section 107.0135, Family Code, is amended to read
3-20     as follows:
3-21           Sec. 107.0135.  APPOINTMENT OF ATTORNEY AD LITEM NOT
3-22     REQUIRED; CERTAIN CASES.  A court is not required [under this
3-23     section] to appoint an attorney ad litem in a proceeding in which:
3-24                 (1)  a suit for the dissolution of a marriage is
3-25     uncontested; or
3-26                 (2)  the issues of possession of and access to a child
3-27     are agreed to by both parents.
 4-1           SECTION 4.  Section 107.014(a), Family Code, is amended to
 4-2     read as follows:
 4-3           (a)  An attorney ad litem appointed under this subchapter to
 4-4     represent a child:
 4-5                 (1)  shall investigate to the extent the attorney ad
 4-6     litem considers appropriate to determine the facts of the case;
 4-7                 (2)  shall obtain and review copies of all of the
 4-8     child's relevant medical, psychological, and school records; [and]
 4-9                 (3)  may call, examine, or cross-examine witnesses; and
4-10                 (4)  shall become familiar with the American Bar
4-11     Association's standards of practice for lawyers who represent
4-12     children in abuse and neglect cases.
4-13           SECTION 5.  Section 107.015, Family Code, is amended to read
4-14     as follows:
4-15           Sec. 107.015.  ATTORNEY AD LITEM FEES.  (a)  An attorney
4-16     appointed to represent a child or parent as authorized by this
4-17     subchapter is entitled to [a] reasonable fees and expenses [fee] in
4-18     the amount set by the court to be paid by the parents of the child
4-19     unless the parents are indigent.
4-20           (b)  If the court or associate judge determines that one or
4-21     more of the parties [or litigants] are able to defray the costs of
4-22     an attorney ad litem's fees and expenses [compensation] as
4-23     determined by the reasonable and customary fees for similar
4-24     services in the county of jurisdiction, the fees and expenses
4-25     [costs] may be ordered paid by one [either] or more of those [both]
4-26     parties, or the court or associate judge may order one [either] or
4-27     more of those [both] parties, prior to final hearing, to pay the
 5-1     sums into the registry of the court or into an account authorized
 5-2     by the court for the use and benefit of the attorney ad litem on
 5-3     order of the court.  The sums may be taxed as costs to be assessed
 5-4     against one or more of the parties.
 5-5           (c)  If indigency of the parents is shown, an attorney
 5-6     appointed to represent a child or parent in a suit to terminate the
 5-7     parent-child relationship shall be paid from the general funds of
 5-8     the county according to the fee schedule that applies to an
 5-9     attorney appointed to represent a child in a suit under Title 3 as
5-10     provided by Chapter 51.
5-11           SECTION 6.  Section 153.434, Family Code, is amended to read
5-12     as follows:
5-13           Sec. 153.434.  LIMITATION ON RIGHT TO REQUEST ACCESS.  A
5-14     biological or adoptive grandparent may not request possession of or
5-15     access to a grandchild if:
5-16                 (1)  the grandparent is a parent of a person:
5-17                       (A)  whose parental rights with the child have
5-18     been terminated by court order or by death; or
5-19                       (B) [(2)  the grandparent is a parent of a
5-20     person] who has executed an affidavit of waiver of interest in
5-21     child or an affidavit of relinquishment of parental rights under
5-22     Chapter 161 and the affidavit designates an authorized agency,
5-23     licensed child-placing agency, or person other than the child's
5-24     stepparent as the managing conservator of the child; and
5-25                 (2) [(3)]  the other biological parent has died, has
5-26     executed an affidavit of waiver of interest in child or an
5-27     affidavit of relinquishment of parental rights under Chapter 161,
 6-1     or has had that parent's parental rights terminated and the
 6-2     grandchild has been adopted by a person other than the child's
 6-3     stepparent.
 6-4           SECTION 7.  Section 156.104(a), Family Code, is amended to
 6-5     read as follows:
 6-6           (a)  The court may modify an order that designates a sole
 6-7     managing conservator if a parent of the child requests appointment
 6-8     as a joint managing conservator and the court finds that:
 6-9                 (1)  the circumstances of the child or the sole
6-10     managing conservator have materially and substantially changed
6-11     since the rendition of the order; and
6-12                 (2)  [retention of a sole managing conservatorship
6-13     would be detrimental to the welfare of the child; and]
6-14                 [(3)]  the appointment of the parent as a joint
6-15     managing conservator would be a positive improvement for and in the
6-16     best interest of the child.
6-17           SECTION 8.  Section 161.001, Family Code, is amended to read
6-18     as follows:
6-19           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
6-20     RELATIONSHIP.  The court may order termination of the parent-child
6-21     relationship if the court finds by clear and convincing evidence:
6-22                 (1)  that the parent has:
6-23                       (A)  voluntarily left the child alone or in the
6-24     possession of another not the parent and expressed an intent not to
6-25     return;
6-26                       (B)  voluntarily left the child alone or in the
6-27     possession of another not the parent without expressing an intent
 7-1     to return, without providing for the adequate support of the child,
 7-2     and remained away for a period of at least three months;
 7-3                       (C)  voluntarily left the child alone or in the
 7-4     possession of another without providing adequate support of the
 7-5     child and remained away for a period of at least six months;
 7-6                       (D)  knowingly placed or knowingly allowed the
 7-7     child to remain in conditions or surroundings which endanger the
 7-8     physical or emotional well-being of the child;
 7-9                       (E)  engaged in conduct or knowingly placed the
7-10     child with persons who engaged in conduct which endangers the
7-11     physical or emotional well-being of the child;
7-12                       (F)  failed to support the child in accordance
7-13     with the parent's ability during a period of one year ending within
7-14     six months of the date of the filing of the petition;
7-15                       (G)  abandoned the child without identifying the
7-16     child or furnishing means of identification, and the child's
7-17     identity cannot be ascertained by the exercise of reasonable
7-18     diligence;
7-19                       (H)  voluntarily, and with knowledge of the
7-20     pregnancy, abandoned the mother of the child beginning at a time
7-21     during her pregnancy with the child and continuing through the
7-22     birth, failed to provide adequate support or medical care for the
7-23     mother during the period of abandonment before the birth of the
7-24     child, and remained apart from the child or failed to support the
7-25     child since the birth;
7-26                       (I)  contumaciously refused to submit to a
7-27     reasonable and lawful order of a court under Subchapter D, Chapter
 8-1     261 [264];
 8-2                       (J)  been the major cause of:
 8-3                             (i)  the failure of the child to be
 8-4     enrolled in school as required by the Education Code; or
 8-5                             (ii)  the child's absence from the child's
 8-6     home without the consent of the parents or guardian for a
 8-7     substantial length of time or without the intent to return;
 8-8                       (K)  executed before or after the suit is filed
 8-9     an unrevoked or irrevocable affidavit of relinquishment of parental
8-10     rights as provided by this chapter;
8-11                       (L)  been convicted or has been placed on
8-12     community supervision, including deferred adjudication community
8-13     supervision, for being criminally responsible for the death or
8-14     serious injury of a child under the following sections of the Penal
8-15     Code or adjudicated under Title 3 for conduct that caused the death
8-16     or serious injury of a child and that would constitute a violation
8-17     of one of the following Penal Code sections:
8-18                             (i)  Section 19.02 (murder);
8-19                             (ii)  Section 19.03 (capital murder);
8-20                             (iii)  Section 19.04 (manslaughter);
8-21                             (iv)  Section 21.11 (indecency with a
8-22     child);
8-23                             (v) [(iv)]  Section 22.01 (assault);
8-24                             (vi) [(v)]  Section 22.011 (sexual
8-25     assault);
8-26                             (vii) [(vi)]  Section 22.02 (aggravated
8-27     assault);
 9-1                             (viii) [(vii)]  Section 22.021 (aggravated
 9-2     sexual assault);
 9-3                             (ix) [(viii)]  Section 22.04 (injury to a
 9-4     child, elderly individual, or disabled individual);
 9-5                             (x) [(ix)]  Section 22.041 (abandoning or
 9-6     endangering child);
 9-7                             (xi) [(x)]  Section 25.02 (prohibited
 9-8     sexual conduct);
 9-9                             (xii) [(xi)]  Section 43.25 (sexual
9-10     performance by a child); and
9-11                             (xiii) [(xii)]  Section 43.26 (possession
9-12     or promotion of child pornography);
9-13                       (M)  had his or her parent-child relationship
9-14     terminated with respect to another child based on a finding that
9-15     the parent's conduct was in violation of Paragraph (D) or (E) or
9-16     substantially equivalent provisions of the law of another state;
9-17                       (N)  constructively abandoned the child who has
9-18     been in the permanent or temporary managing conservatorship of the
9-19     Department of Protective and Regulatory Services or an authorized
9-20     agency for not less than six months, and:
9-21                             (i)  the department or authorized agency
9-22     has made reasonable efforts to return the child to the parent;
9-23                             (ii)  the parent has not regularly visited
9-24     or maintained significant contact with the child; and
9-25                             (iii)  the parent has demonstrated an
9-26     inability to provide the child with a safe environment;
9-27                       (O)  failed to comply with the provisions of a
 10-1    court order that specifically established the actions necessary for
 10-2    the parent to obtain the return of the child who has been in the
 10-3    permanent or temporary managing conservatorship of the Department
 10-4    of Protective and Regulatory Services for not less than nine months
 10-5    as a result of the child's removal from the parent under Chapter
 10-6    262 for the abuse or neglect of the child;
 10-7                      (P)  used a controlled substance, as defined by
 10-8    Chapter 481, Health and Safety Code,[:]
 10-9                            [(i)]  in a manner that endangered the
10-10    health or safety of the child, and:
10-11                            (i)  failed to complete a court-ordered
10-12    substance abuse treatment program; or
10-13                            (ii)  [repeatedly,] after completion of a
10-14    court-ordered substance treatment program, continued to abuse a
10-15    controlled substance [in a manner that endangered the health or
10-16    safety of the child];
10-17                      (Q)  knowingly engaged in criminal conduct that
10-18    has resulted [results] in the parent's:
10-19                            (i)  conviction of an offense; and
10-20                            (ii)  confinement or imprisonment and
10-21    inability to care for the child for not less than two years from
10-22    the date of filing the petition; or
10-23                      (R)  been the cause of the child being born
10-24    addicted to alcohol or a controlled substance, other than a
10-25    controlled substance legally obtained by prescription, as defined
10-26    by Section 261.001(7); and
10-27                (2)  that termination is in the best interest of the
 11-1    child.
 11-2          SECTION 9.  (a)  This Act takes effect September 1, 1999.
 11-3          (b)  The change in law made by this Act applies only to a
 11-4    suit affecting the parent-child relationship filed on or after the
 11-5    effective date of this Act.  A suit affecting the parent-child
 11-6    relationship filed before the effective date of this Act is
 11-7    governed by the law in effect on the date the suit was filed, and
 11-8    the former law is continued in effect for that purpose.
 11-9          SECTION 10.  The importance of this legislation and the
11-10    crowded condition of the calendars in both houses create an
11-11    emergency and an imperative public necessity that the
11-12    constitutional rule requiring bills to be read on three several
11-13    days in each house be suspended, and this rule is hereby suspended.