By Jackson S.B. No. 1683
77R3576 JMM-D
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. Section 151.003(a), Family Code, is amended to
1-16 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,
2-1 and education;
2-2 (4) the duty, except when a guardian of the child's
2-3 estate has been appointed, to manage the estate of the child,
2-4 including the right as an agent of the child to act in relation to
2-5 the child's estate if the child's action is required by a state,
2-6 the United States, or a foreign government;
2-7 (5) except as provided by Section 264.0111, the right
2-8 to the services and earnings of the child;
2-9 (6) the right to consent to the child's marriage,
2-10 enlistment in the armed forces of the United States, medical and
2-11 dental care, and psychiatric, psychological, and surgical
2-12 treatment;
2-13 (7) the right to represent the child in legal action
2-14 and to make other decisions of substantial legal significance
2-15 concerning the child;
2-16 (8) the right to receive and give receipt for payments
2-17 for the support of the child and to hold or disburse funds for the
2-18 benefit of the child;
2-19 (9) the right to inherit from and through the child;
2-20 (10) the right to make decisions concerning the
2-21 child's education; and
2-22 (11) any other right or duty existing between a parent
2-23 and child by virtue of law.
2-24 SECTION 3. Subchapter A, Chapter 264, Family Code, is amended
2-25 by adding Section 264.0111 to read as follows:
2-26 Sec. 264.0111. MONEY EARNED BY CHILD. (a) A child who is
2-27 receiving services from the department, including a child for whom
3-1 the department has been appointed managing conservator, and who has
3-2 been placed by the department in a foster home or child-care
3-3 institution as defined by Chapter 42, Human Resources Code, is
3-4 entitled to keep any money earned by the child during the time of
3-5 the child's placement.
3-6 (b) The child may deposit the money earned by the child in a
3-7 bank or savings account described by Section 264.011. Money
3-8 described by this section placed in the account must be maintained
3-9 for the benefit of the child, subject to Section 264.011(b).
3-10 (c) If a child earns money as described by this section and
3-11 is returned to the child's parents, the child's parents are not
3-12 entitled to manage, control, or dispose of the money.
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 SECTION 4. This Act takes effect September 1, 2001.