By: Naishtat (Senate Sponsor - Nelson) H.B. No. 2580
         (In the Senate - Received from the House May 9, 2007;
  May 10, 2007, read first time and referred to Committee on Health
  and Human Services; May 15, 2007, reported favorably by the
  following vote:  Yeas 6, Nays 0; May 15, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the designation by the Department of Family and
  Protective Services of an individual to consent on behalf of the
  department to medical care for a child in foster care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 266.004(c), Family Code, as added by
  Chapter 268, Acts of the 79th Legislature, Regular Session, 2005,
  is amended to read as follows:
         (c)  If the person authorized by the court to consent to
  medical care is the department or an agent of the department, the
  department shall, not later than the fifth business day after the
  date the court provides authorization, file with the court and each
  party the name of the individual who will exercise the duty and
  responsibility of providing [informed] consent on behalf of the
  department. The department may designate the child's foster parent
  or the child's parent, if the parent's rights have not been
  terminated, to exercise the duty and responsibility of providing
  consent on behalf of the department under this subsection. If the
  [that] individual designated under this subsection changes, the
  department shall file notice of the change with the court and each
  party not later than the fifth business day after the date of the
  change.
         SECTION 2.  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, 2007.
 
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