By:  Harris                                            S.B. No. 769
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement that certain information be provided
 1-3     in a suit affecting the parent-child relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsections (f), (g), and (h), Section 105.006,
 1-6     Family Code, are amended to read as follows:
 1-7           (f)  An order in a suit that provides for the possession of
 1-8     or access to a child, including an order providing for the
 1-9     modification of possession or access, must contain a notice
1-10     informing the parent of a child with whom the child does not
1-11     primarily reside under the order of the parent's right to file for
1-12     modification of the terms of possession or access for a reason
1-13     stated in Section 156.301.  The notice required under this
1-14     subsection must contain the grounds for modification listed in
1-15     Section 156.301 in a prominently displayed statement that is in
1-16     boldfaced type, capital letters, or underlined as follows:
1-17           "A PARTY TO THIS ORDER, INCLUDING A PARENT WITH WHOM A CHILD
1-18     DOES NOT PRIMARILY RESIDE, MAY FILE A MOTION TO MODIFY THE TERMS OF
1-19     THIS ORDER RELATING TO THE POSSESSION OF OR ACCESS TO THE CHILD AND
1-20     THE COURT MAY MODIFY THOSE TERMS IF:
1-21                 (1)  THE CIRCUMSTANCES OF THE CHILD OR ANOTHER PARTY
1-22     AFFECTED BY THIS ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED
1-23     SINCE THIS ORDER WAS MADE;
1-24                 (2)  THIS ORDER HAS BECOME UNWORKABLE OR INAPPROPRIATE
1-25     UNDER THE EXISTING CIRCUMSTANCES;
 2-1                 (3)  A PARTY HAS NOT PROVIDED NOTICE OF A CHANGE OF
 2-2     RESIDENCE AS REQUIRED BY THIS ORDER;
 2-3                 (4)  A PARTY WHO IS A CONSERVATOR OF THE CHILD NO
 2-4     LONGER RESIDES IN TEXAS;
 2-5                 (5)  A PARTY HAS REPEATEDLY FAILED TO GIVE NOTICE OF
 2-6     THE PARTY'S INABILITY TO EXERCISE THE PARTY'S RIGHT TO POSSESSION
 2-7     OF THE CHILD; OR
 2-8                 (6)  A PARTY HAS HAD A SIGNIFICANT HISTORY OF ALCOHOL
 2-9     OR DRUG ABUSE SINCE THIS ORDER WAS MADE."
2-10           (g)  Except for an action in which contempt is sought, in any
2-11     subsequent child support enforcement action, the court may, on a
2-12     showing that diligent effort has been made to determine the
2-13     location of a party, consider due process requirements for notice
2-14     and service of process to be met with respect to that party on
2-15     delivery of written notice to the most recent residential or
2-16     employer address filed by that party with the court and the state
2-17     case registry.
2-18           (h) [(g)]  The Title IV-D agency shall promulgate and provide
2-19     forms for a party to use in reporting to the court and, when
2-20     established, to the state case registry under Chapter 234 the
2-21     information required under this section.
2-22           (i) [(h)]  The court may include in a final order in a suit
2-23     in which a party to the suit makes an allegation of child abuse or
2-24     neglect a finding on whether the party who made the allegation knew
2-25     that the allegation was false.  This finding shall not constitute
2-26     collateral estoppel for any criminal proceeding.  The court may
 3-1     impose on a party found to have made a false allegation of child
 3-2     abuse or neglect any civil sanction permitted under law, including
 3-3     attorney's fees, costs of experts, and any other costs.
 3-4           SECTION 2.  Section 231.003, Family Code, is amended to read
 3-5     as follows:
 3-6           Sec. 231.003.  FORMS AND PROCEDURES.  (a)  The Title IV-D
 3-7     agency shall by rule promulgate any forms and procedures necessary
 3-8     to comply fully with the intent of this chapter.
 3-9           (b)  The Title IV-D agency shall provide that forms used in
3-10     providing services to members of the public must contain a notice
3-11     informing the parents of a child of the right to modify the terms
3-12     of a court order providing for the possession of or access to a
3-13     child.  The notice must contain the information and be provided in
3-14     the manner required by Section 105.006(f).
3-15           SECTION 3.  (a)  This Act takes effect September 1, 2001.
3-16           (b)  The change in law made by this Act by the amendment of
3-17     Subsection (f), Section 105.006, Family Code, applies only to an
3-18     order rendered in a suit affecting the parent-child relationship on
3-19     or after the effective date of this Act.  An order rendered before
3-20     the effective date of this Act is governed by the law in effect on
3-21     the date the order was rendered, and the former law is continued in
3-22     effect for that purpose.