HBA-JLV S.B. 1683 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1683
By: Jackson
Juvenile Justice & Family Issues
4/26/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, a minor who receives services from the Department of Protective
and Regulatory Services and who earns money through means of employment or
participation in competitions which provide financial rewards, cannot be
assured of protection of those earnings from confiscation by the minor's
legal parent or guardian.  Senate Bill 1683 provides a protection of a
minor's earned money from disposal by a legal parent or guardian.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Protective and
Regulatory Services in SECTION 3 (Section 264.0111, Family Code) of this
bill. 

ANALYSIS

Senate Bill 1683 amends the Family Code to provide that a child for whom
the Department of Protective and Regulatory Services (department) has been
appointed managing conservator and who has been placed by the department in
a foster home or child-care institution is entitled to keep any money
earned by the child during the time of the child's placement.  The bill
authorizes the child to deposit the money earned by the child in a bank or
savings account subject to the sole management and control of the child.
The bill provides that the child is the sole and absolute owner of the
deposit account.  The bill prohibits interference by the child's parent or
guardian with the child's authority to control, transfer, draft on, or make
a withdrawal from the account if a child earns money and is returned to the
child's parent or guardian.  The bill provides that a reference to money
earned by the child includes any interest that accrues on the money. The
bill authorizes the department to adopt rules to implement these
provisions. 

EFFECTIVE DATE

September 1, 2001.