1-1     By:  Jackson                                          S.B. No. 1683
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Health and Human Services;
 1-4     April 10, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April 10, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1683                  By:  Nelson
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the management of money earned by certain children
1-11     while receiving services from the Department of Protective and
1-12     Regulatory Services.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  Section 3.103, Family Code, is amended to read as
1-15     follows:
1-16           Sec. 3.103.  MANAGING EARNINGS OF MINOR.  Except as provided
1-17     by Section 264.0111, during [During] the marriage of the parents of
1-18     an unemancipated minor for whom a managing conservator has not been
1-19     appointed, the earnings of the minor are subject to the joint
1-20     management, control, and disposition of the parents of the minor,
1-21     unless otherwise provided by agreement of the parents or by
1-22     judicial order.
1-23           SECTION 2.  Subsection (a), Section 151.003, Family Code, is
1-24     amended to read as follows:
1-25           (a)  A parent of a child has the following rights and duties:
1-26                 (1)  the right to have physical possession, to direct
1-27     the moral and religious training, and to establish the residence of
1-28     the child;
1-29                 (2)  the duty of care, control, protection, and
1-30     reasonable discipline of the child;
1-31                 (3)  the duty to support the child, including providing
1-32     the child with clothing, food, shelter, medical and dental care,
1-33     and education;
1-34                 (4)  the duty, except when a guardian of the child's
1-35     estate has been appointed, to manage the estate of the child,
1-36     including the right as an agent of the child to act in relation to
1-37     the child's estate if the child's action is required by a state,
1-38     the United States, or a foreign government;
1-39                 (5)  except as provided by Section 264.0111, the right
1-40     to the services and earnings of the child;
1-41                 (6)  the right to consent to the child's marriage,
1-42     enlistment in the armed forces of the United States, medical and
1-43     dental care, and psychiatric, psychological, and surgical
1-44     treatment;
1-45                 (7)  the right to represent the child in legal action
1-46     and to make other decisions of substantial legal significance
1-47     concerning the child;
1-48                 (8)  the right to receive and give receipt for payments
1-49     for the support of the child and to hold or disburse funds for the
1-50     benefit of the child;
1-51                 (9)  the right to inherit from and through the child;
1-52                 (10)  the right to make decisions concerning the
1-53     child's education; and
1-54                 (11)  any other right or duty existing between a parent
1-55     and child by virtue of law.
1-56           SECTION 3.  Subchapter A, Chapter 264, Family Code, is
1-57     amended by adding Section 264.0111 to read as follows:
1-58           Sec. 264.0111.  MONEY EARNED BY CHILD.  (a)  A child for whom
1-59     the department has been appointed managing conservator and who has
1-60     been placed by the department in a foster home or child-care
1-61     institution as defined by Chapter 42, Human Resources Code, is
1-62     entitled to keep any money earned by the child during the time of
1-63     the child's placement.
1-64           (b)  The child may deposit the money earned by the child in a
 2-1     bank or savings account subject to the sole management and control
 2-2     of the child as provided by Section 34.305, Finance Code.  The
 2-3     child is the sole and absolute owner of the deposit account.
 2-4           (c)  If a child earns money as described by this section and
 2-5     is returned to the child's parent or guardian, the child's parent
 2-6     or guardian may not interfere with the child's authority to
 2-7     control, transfer, draft on, or make a withdrawal from the account.
 2-8           (d)  In this section, a reference to money earned by a child
 2-9     includes any interest that accrues on the money.
2-10           (e)  The department may adopt rules to implement this
2-11     section.
2-12           SECTION 4.  This Act takes effect September 1, 2001.
2-13                                  * * * * *