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H.B. No. 1364
AN ACT
relating to emergency shelter and care for minors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.201, Family Code, is amended to read
as follows:
Sec. 32.201. EMERGENCY SHELTER OR CARE FOR MINORS [MINOR
MOTHERS]. (a) An emergency shelter facility may provide shelter
and care to a minor and the minor's child or children, if any
[mother who is the sole financial support of her child or children].
(b) An emergency shelter facility may provide shelter or
care only during an emergency constituting an immediate danger to
the physical health or safety of the minor or the minor's [mother or
her] child or children.
(c) Shelter or care provided under this section may not be
provided after the 15th day after the date the shelter or care is
commenced unless:
(1) the facility receives consent to continue services
from [a parent or guardian of] the minor in accordance with Section
32.202 [mother]; or
(2) the minor [mother] has qualified for financial
assistance [Aid to Families with Dependent Children] under Chapter
31, Human Resources Code, and is on the waiting list for housing
assistance.
SECTION 2. Subchapter C, Chapter 32, Family Code, is
amended by adding Section 32.202 to read as follows:
Sec. 32.202. CONSENT TO EMERGENCY SHELTER OR CARE BY MINOR.
(a) A minor may consent to emergency shelter or care to be provided
to the minor or the minor's child or children, if any, under Section
32.201(c) if the minor is:
(1) 16 years of age or older and:
(A) resides separate and apart from the minor's
parent, managing conservator, or guardian, regardless of whether
the parent, managing conservator, or guardian consents to the
residence and regardless of the duration of the residence; and
(B) manages the minor's own financial affairs,
regardless of the source of income; or
(2) unmarried and is pregnant or is the parent of a
child.
(b) Consent by a minor to emergency shelter or care under
this section is not subject to disaffirmance because of minority.
(c) An emergency shelter facility may, with or without the
consent of the minor's parent, managing conservator, or guardian,
provide emergency shelter or care to the minor or the minor's child
or children under Section 32.201(c).
(d) An emergency shelter facility is not liable for
providing emergency shelter or care to the minor or the minor's
child or children if the minor consents as provided by this section,
except that the facility is liable for the facility's own acts of
negligence.
(e) An emergency shelter facility may rely on the minor's
written statement containing the grounds on which the minor has
capacity to consent to emergency shelter or care.
(f) To the extent of any conflict between this section and
Section 32.003, Section 32.003 prevails.
SECTION 3. The changes in law made by this Act apply only to
an emergency shelter facility that provides emergency shelter or
care to a minor on or after the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1364 was passed by the House on April
8, 2003, by the following vote: Yeas 136, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1364 was passed by the Senate on May
13, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor