By Barrientos                                          S.B. No. 145
         76R2645 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the examination and treatment of certain children.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 32.005(a), (c), and (d), Family Code,
 1-5     are amended to read as follows:
 1-6           (a)  Except as provided by Subsection (c), a physician,
 1-7     dentist, licensed professional counselor, or psychologist having
 1-8     reasonable grounds  to believe that a child's physical or mental
 1-9     condition has been adversely affected by abuse or neglect may
1-10     examine the child without the consent of the child, the child's
1-11     parents, or other person authorized to consent to treatment under
1-12     this subchapter.
1-13           (c)  Unless consent is obtained as otherwise allowed by law,
1-14     a physician, dentist, licensed professional counselor, or
1-15     psychologist may not  examine a child:
1-16                 (1)  16 years of age or older who refuses to consent;
1-17     or
1-18                 (2)  for whom consent is prohibited by a court order.
1-19           (d)  A physician, dentist, licensed professional counselor,
1-20     or psychologist examining a child under this section is not liable
1-21     for damages  except for damages resulting from that person's [the
1-22     physician's or dentist's] negligence.
1-23           SECTION 2.  Section 161.104, Family Code, is amended to read
1-24     as follows:
 2-1           Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
 2-2     PENDING COURT APPOINTMENT.  A person, licensed child-placing
 2-3     agency, or authorized agency designated managing conservator of a
 2-4     child in an irrevocable or unrevoked affidavit of relinquishment
 2-5     has a right to possession of the child superior to the right of the
 2-6     person executing the affidavit, the right to consent to medical,
 2-7     surgical, dental, and mental health [psychological] treatment of
 2-8     the child, and the rights and  duties given by Chapter 153 to a
 2-9     possessory conservator until such time as these rights and duties
2-10     are modified or terminated by court order.
2-11           SECTION 3.  This Act takes effect September 1, 1999.
2-12           SECTION 4.  The importance of this legislation and the
2-13     crowded condition of the calendars in both houses create an
2-14     emergency and an imperative public necessity that the
2-15     constitutional rule requiring bills to be read on three several
2-16     days in each house be suspended, and this rule is hereby suspended.