By: Jackson S.B. No. 1683
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of money earned by certain children
1-3 while receiving services from the Department of Protective and
1-4 Regulatory Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.103, Family Code, is amended to read as
1-7 follows:
1-8 Sec. 3.103. MANAGING EARNINGS OF MINOR. Except as provided
1-9 by Section 264.0111, during [During] the marriage of the parents of
1-10 an unemancipated minor for whom a managing conservator has not been
1-11 appointed, the earnings of the minor are subject to the joint
1-12 management, control, and disposition of the parents of the minor,
1-13 unless otherwise provided by agreement of the parents or by
1-14 judicial order.
1-15 SECTION 2. Subsection (a), Section 151.003, Family Code, is
1-16 amended to read as follows:
1-17 (a) A parent of a child has the following rights and duties:
1-18 (1) the right to have physical possession, to direct
1-19 the moral and religious training, and to establish the residence of
1-20 the child;
1-21 (2) the duty of care, control, protection, and
1-22 reasonable discipline of the child;
1-23 (3) the duty to support the child, including providing
1-24 the child with clothing, food, shelter, medical and dental care,
1-25 and education;
2-1 (4) the duty, except when a guardian of the child's
2-2 estate has been appointed, to manage the estate of the child,
2-3 including the right as an agent of the child to act in relation to
2-4 the child's estate if the child's action is required by a state,
2-5 the United States, or a foreign government;
2-6 (5) except as provided by Section 264.0111, the right
2-7 to the services and earnings of the child;
2-8 (6) the right to consent to the child's marriage,
2-9 enlistment in the armed forces of the United States, medical and
2-10 dental care, and psychiatric, psychological, and surgical
2-11 treatment;
2-12 (7) the right to represent the child in legal action
2-13 and to make other decisions of substantial legal significance
2-14 concerning the child;
2-15 (8) the right to receive and give receipt for payments
2-16 for the support of the child and to hold or disburse funds for the
2-17 benefit of the child;
2-18 (9) the right to inherit from and through the child;
2-19 (10) the right to make decisions concerning the
2-20 child's education; and
2-21 (11) any other right or duty existing between a parent
2-22 and child by virtue of law.
2-23 SECTION 3. Subchapter A, Chapter 264, Family Code, is
2-24 amended by adding Section 264.0111 to read as follows:
2-25 Sec. 264.0111. MONEY EARNED BY CHILD. (a) A child for whom
2-26 the department has been appointed managing conservator and who has
3-1 been placed by the department in a foster home or child-care
3-2 institution as defined by Chapter 42, Human Resources Code, is
3-3 entitled to keep any money earned by the child during the time of
3-4 the child's placement.
3-5 (b) The child may deposit the money earned by the child in a
3-6 bank or savings account subject to the sole management and control
3-7 of the child as provided by Section 34.305, Finance Code. The
3-8 child is the sole and absolute owner of the deposit account.
3-9 (c) If a child earns money as described by this section and
3-10 is returned to the child's parent or guardian, the child's parent
3-11 or guardian may not interfere with the child's authority to
3-12 control, transfer, draft on, or make a withdrawal from the account.
3-13 (d) In this section, a reference to money earned by a child
3-14 includes any interest that accrues on the money.
3-15 (e) The department may adopt rules to implement this
3-16 section.
3-17 SECTION 4. This Act takes effect September 1, 2001.