1-1     By:  Harris                                            S.B. No. 769
 1-2           (In the Senate - Filed February 19, 2001; February 20, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 21, 2001, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the requirement that certain information be provided
 1-9     in a suit affecting the parent-child relationship.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsections (f), (g), and (h), Section 105.006,
1-12     Family Code, are amended to read as follows:
1-13           (f)  An order in a suit that provides for the possession of
1-14     or access to a child, including an order providing for the
1-15     modification of possession or access, must contain a notice
1-16     informing the parent of a child with whom the child does not
1-17     primarily reside under the order of the parent's right to file for
1-18     modification of the terms of possession or access for a reason
1-19     stated in Section 156.301.  The notice required under this
1-20     subsection must contain the grounds for modification listed in
1-21     Section 156.301 in a prominently displayed statement that is in
1-22     boldfaced type, capital letters, or underlined as follows:
1-23           "A PARTY TO THIS ORDER, INCLUDING A PARENT WITH WHOM A CHILD
1-24     DOES NOT PRIMARILY RESIDE, MAY FILE A MOTION TO MODIFY THE TERMS OF
1-25     THIS ORDER RELATING TO THE POSSESSION OF OR ACCESS TO THE CHILD AND
1-26     THE COURT MAY MODIFY THOSE TERMS IF:
1-27                 (1)  THE CIRCUMSTANCES OF THE CHILD OR ANOTHER PARTY
1-28     AFFECTED BY THIS ORDER HAVE MATERIALLY AND SUBSTANTIALLY CHANGED
1-29     SINCE THIS ORDER WAS MADE;
1-30                 (2)  THIS ORDER HAS BECOME UNWORKABLE OR INAPPROPRIATE
1-31     UNDER THE EXISTING CIRCUMSTANCES;
1-32                 (3)  A PARTY HAS NOT PROVIDED NOTICE OF A CHANGE OF
1-33     RESIDENCE AS REQUIRED BY THIS ORDER;
1-34                 (4)  A PARTY WHO IS A CONSERVATOR OF THE CHILD NO
1-35     LONGER RESIDES IN TEXAS;
1-36                 (5)  A PARTY HAS REPEATEDLY FAILED TO GIVE NOTICE OF
1-37     THE PARTY'S INABILITY TO EXERCISE THE PARTY'S RIGHT TO POSSESSION
1-38     OF THE CHILD; OR
1-39                 (6)  A PARTY HAS HAD A SIGNIFICANT HISTORY OF ALCOHOL
1-40     OR DRUG ABUSE SINCE THIS ORDER WAS MADE."
1-41           (g)  Except for an action in which contempt is sought, in any
1-42     subsequent child support enforcement action, the court may, on a
1-43     showing that diligent effort has been made to determine the
1-44     location of a party, consider due process requirements for notice
1-45     and service of process to be met with respect to that party on
1-46     delivery of written notice to the most recent residential or
1-47     employer address filed by that party with the court and the state
1-48     case registry.
1-49           (h) [(g)]  The Title IV-D agency shall promulgate and provide
1-50     forms for a party to use in reporting to the court and, when
1-51     established, to the state case registry under Chapter 234 the
1-52     information required under this section.
1-53           (i) [(h)]  The court may include in a final order in a suit
1-54     in which a party to the suit makes an allegation of child abuse or
1-55     neglect a finding on whether the party who made the allegation knew
1-56     that the allegation was false.  This finding shall not constitute
1-57     collateral estoppel for any criminal proceeding.  The court may
1-58     impose on a party found to have made a false allegation of child
1-59     abuse or neglect any civil sanction permitted under law, including
1-60     attorney's fees, costs of experts, and any other costs.
1-61           SECTION 2.  Section 231.003, Family Code, is amended to read
1-62     as follows:
1-63           Sec. 231.003.  FORMS AND PROCEDURES.  (a)  The Title IV-D
1-64     agency shall by rule promulgate any forms and procedures necessary
 2-1     to comply fully with the intent of this chapter.
 2-2           (b)  The Title IV-D agency shall provide that forms used in
 2-3     providing services to members of the public must contain a notice
 2-4     informing the parents of a child of the right to modify the terms
 2-5     of a court order providing for the possession of or access to a
 2-6     child.  The notice must contain the information and be provided in
 2-7     the manner required by Section 105.006(f).
 2-8           SECTION 3.  (a)  This Act takes effect September 1, 2001.
 2-9           (b)  The change in law made by this Act by the amendment of
2-10     Subsection (f), Section 105.006, Family Code, applies only to an
2-11     order rendered in a suit affecting the parent-child relationship on
2-12     or after the effective date of this Act.  An order rendered before
2-13     the effective date of this Act is governed by the law in effect on
2-14     the date the order was rendered, and the former law is continued in
2-15     effect for that purpose.
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