SRC-TBR S.B. 1683 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1683
77R3576 JMM-DBy: Jackson
Health & Human Services
3/30/2001
As Filed


DIGEST AND PURPOSE 

Currently, a minor who receives services from the Texas Department of
Protective and Regulatory Services and who earns money through means of
employment and/or participation in competitions which provide financial
rewards, cannot be assured of protection of those earnings from
confiscation by the minors legal parent or guardian.  As proposed, S.B.
1683 provides a provision to protect a minors earned monies from disposal
by a legal parent of guardian. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.103, Family Code, to provide that, except as
provided by Section 264.0111, during the marriage of the parents of an
unemancipated minor for whom a managing conservator has not been appointed,
the earnings of the minor are subject to the joint management, control, and
disposition of the parents of the minor, unless otherwise provided by
agreement of the parents or by judicial order. 

SECTION 2.  Amends Section 151.003(a), Family Code, to make a conforming
change. 

SECTION 3.  Amends Chapter 264A, Family Code, by adding Section 264.0111 as
follows: 

Sec. 264.0111.  MONEY EARNED BY CHILD.  (a)  Provides that a child who is
receiving services from the Department of Protective and Regulatory
Services (department), including a child for whom the department has been
appointed managing conservator, and who has been placed by the department
in a foster home or child-care institution as defined by Chapter 42
(Regulation of Certain Facilities, Homes, and Agencies that Provide
Child-Care Services), Human Resources Code, is entitled to keep any money
earned by the child during the time of the child's placement. 

(b)  Authorizes the child to deposit the money earned by the child in a
bank or savings account described by Section 264.011.  Requires money
described by this section placed in the account to be maintained  for the
benefit of the child, subject to Section 264.011(b). 

(c)  Provides that if a child earns money as described by this section and
is returned to the child's parents, the child's parents are not entitled to
manage, control, or dispose of the money. 

(d)  Provides that, in this section, a reference to money earned by a child
includes any interest that accrues on the money. 

 SECTION 4.  Effective date: September 1, 2001.