Amend SB 939 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering subsequent SECTIONS of the 
bill as appropriate:
	SECTION ____.  Section 54.211, Education Code, is amended to 
read as follows:
	Sec. 54.211.  EXEMPTIONS FOR STUDENTS IN FOSTER OR OTHER 
RESIDENTIAL CARE.  (a)  A student is exempt from the payment of 
tuition and fees authorized in this chapter if the student:
		(1)  was in [foster care or other residential care 
under] the conservatorship of the Department of Family and 
Protective Services [on or after]:
			(A)  on the day preceding the student's 18th 
birthday;              
			(B)  on or after the day of the student's 14th 
birthday, if the student was also eligible for adoption on or after 
that day; [or]
			(C)  on the day the student graduated from high 
school or received the equivalent of a high school diploma; or
			(D)  on the day preceding:                                            
				(i)  the date the student is adopted, if that 
date is on or after September 1, 2009; or
				(ii)  the date permanent managing 
conservatorship of the student is awarded to a person other than the 
student's parent, if that date is on or after September 1, 2009; and
		(2)  enrolls in an institution of higher education as 
an undergraduate student not later than [:
			[(A)  the third anniversary of the date the 
student was discharged from the foster or other residential care, 
the date the student graduated from high school, or the date the 
student received the equivalent of a high school diploma, whichever 
date is earliest; or
			[(B)]  the student's 25th [21st] birthday.
	(b)  The Texas Education Agency and the Texas Higher 
Education Coordinating Board shall develop outreach programs to 
ensure that students in the conservatorship of the Department of 
Family and Protective Services and [foster or other residential 
care] in grades 9-12 are aware of the availability of the exemption 
from the payment of tuition and fees provided by this section.
	SECTION ____.  Subsection (b), Section 261.312, Family Code, 
is amended to read as follows:
	(b)  A review team consists of at least five members who 
serve staggered two-year terms.  Review team members are appointed 
by the director of the department and consist of volunteers who live 
in and are broadly representative of the region in which the review 
team is established and have expertise in the prevention and 
treatment of child abuse and neglect.  At least two members of a 
review team [community representatives and private citizens who 
live in the region for which the team is established.  Each member] 
must be parents [a parent] who have [has] not been convicted of or 
indicted for an offense involving child abuse or neglect, have
[has] not been determined by the department to have engaged in child 
abuse or neglect, and are [or is] not under investigation by the 
department for child abuse or neglect.  A member of a review team is 
a department volunteer for the purposes of Section 411.114, 
Government Code.
	SECTION ____.  Section 263.3025, Family Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  In accordance with department rules, a child's 
permanency plan must include concurrent permanency goals 
consisting of a primary permanency goal and at least one alternate 
permanency goal.
	SECTION ____.  Subchapter D, Chapter 263, Family Code, is 
amended by adding Section 263.3026 to read as follows:
	Sec. 263.3026.  PERMANENCY GOALS; LIMITATION.  (a)  The 
department's permanency plan for a child may include as a goal:
		(1)  the reunification of the child with a parent or 
other individual from whom the child was removed;
		(2)  the termination of parental rights and adoption of 
the child by a relative or other suitable individual;
		(3)  the award of permanent managing conservatorship of 
the child to a relative or other suitable individual; or
		(4)  another planned, permanent living arrangement for 
the child.    
	(b)  If the goal of the department's permanency plan for a 
child is to find another planned, permanent living arrangement for 
the child, the department shall document that there is a compelling 
reason why the other permanency goals identified in Subsection (a) 
are not in the child's best interest.
	SECTION ____.  Subsection (b), Section 263.303, Family Code, 
is amended to read as follows:
	(b)  The permanency progress report must:                                      
		(1)  recommend that the suit be dismissed; or                                 
		(2)  recommend that the suit continue, and:                                   
			(A)  identify the date for dismissal of the suit 
under this chapter;       
			(B)  provide:                                                                
				(i)  the name of any person entitled to 
notice under Chapter 102 who has not been served;
				(ii)  a description of the efforts by the 
department or another agency to locate and request service of 
citation; and
				(iii)  a description of each parent's 
assistance in providing information necessary to locate an unserved 
party;
			(C)  evaluate the parties' compliance with 
temporary orders and with the service plan;
			(D)  evaluate whether the child's placement in 
substitute care meets the child's needs and recommend other plans 
or services to meet the child's special needs or circumstances;
			(E)  describe the permanency plan for the child 
and recommend actions necessary to ensure that a final order 
consistent with that permanency plan, including the concurrent 
permanency goals contained in that plan, is rendered before the 
date for dismissal of the suit under this chapter; and
			(F)  with respect to a child 16 years of age or 
older, identify the services needed to assist the child in the 
transition to adult life.
	SECTION ____.  Subsection (b), Section 263.306, Family Code, 
is amended to read as follows:
	(b)  The court shall also review the service plan, permanency 
report, and other information submitted at the hearing to:
		(1)  determine:                                                               
			(A)  the safety of the child;                                                
			(B)  the continuing necessity and appropriateness 
of the placement;        
			(C)  the extent of compliance with the case plan; 
[and]   
			(D)  the extent of progress that has been made 
toward alleviating or mitigating the causes necessitating the 
placement of the child in foster care; and
			(E)  whether the department has made reasonable 
efforts to finalize the permanency plan that is in effect for the 
child, including the concurrent permanency goals for the child; and
		(2)  project a likely date by which the child may be 
returned to and safely maintained in the child's home, placed for 
adoption, or placed in permanent managing conservatorship.
	SECTION ____.  Subsection (b), Section 263.501, Family Code, 
is amended to read as follows:
	(b)  If the department has been named as a child's managing 
conservator in a final order that terminates a parent's parental 
rights, the court shall conduct a placement review hearing not 
later than the 90th day after the date the court renders the final 
order.  The court shall conduct additional [a] placement review 
hearings [hearing] at least once every six months until the date the 
child is adopted or the child becomes an adult.
	SECTION ____.  Section 263.502, Family Code, is amended by 
amending Subsection (c) and adding Subsection (d) to read as 
follows:
	(c)  The placement review report must identify the 
department's permanency goal for the child and must:
		(1)  evaluate whether the child's current placement is 
appropriate for meeting the child's needs;
		(2)  evaluate whether efforts have been made to ensure 
placement of the child in the least restrictive environment 
consistent with the best interest and special needs of the child if 
the child is placed in institutional care;
		(3)  contain a transition [discharge] plan for a child 
who is at least 16 years of age that identifies the services and 
specific tasks that are needed to assist the child in making the 
transition from substitute care to adult living and describes the 
services that are being provided [available] through the 
Transitional Living Services [Preparation for Adult Living] 
Program operated by the department;
		(4)  evaluate whether the child's current educational 
placement is appropriate for meeting the child's academic needs;
		(5)  identify other plans or services that are needed 
to meet the child's special needs or circumstances; [and]
		(6)  describe the efforts of the department or 
authorized agency to place the child for adoption if parental 
rights to the child have been terminated and the child is eligible 
for adoption, including efforts to provide adoption promotion and 
support services as defined by 42 U.S.C. Section 629a and other 
efforts consistent with the federal Adoption and Safe Families Act 
of 1997 (Pub. L. No. 105-89); and
		(7)  for a child for whom the department has been named 
managing conservator in a final order that does not include 
termination of parental rights, describe the efforts of the 
department to find a permanent placement for the child, including 
efforts to:
			(A)  work with the caregiver with whom the child 
is placed to determine whether that caregiver is willing to become a 
permanent placement for the child;
			(B)  locate a relative or other suitable 
individual to serve as permanent managing conservator of the child; 
and
			(C)  evaluate any change in a parent's 
circumstances to determine whether:
				(i)  the child can be returned to the parent; 
or                   
				(ii)  parental rights should be terminated.                          
	(d)  If the goal of the department's permanency plan for a 
child is to find another planned, permanent living arrangement, the 
placement review report must document a compelling reason why 
adoption, permanent managing conservatorship with a relative or 
other suitable individual, or returning the child to a parent are 
not in the child's best interest.
	SECTION ____.  Section 263.503, Family Code, is amended to 
read as follows:  
	Sec. 263.503.  PLACEMENT REVIEW HEARINGS; PROCEDURE.  (a)  
At each placement review hearing, the court shall determine 
whether:
		(1)  the child's current placement is necessary, safe, 
and appropriate for meeting the child's needs, including with 
respect to a child placed outside of the state, whether the 
placement continues to be appropriate and in the best interest of 
the child;
		(2)  efforts have been made to ensure placement of the 
child in the least restrictive environment consistent with the best 
interest and special needs of the child if the child is placed in 
institutional care;
		(3)  the services that are needed to assist a child who 
is at least 16 years of age in making the transition from substitute 
care to independent living are available in the community;
		(4)  other plans or services are needed to meet the 
child's special needs or circumstances;
		(5)  the department or authorized agency has exercised 
due diligence in attempting to place the child for adoption if 
parental rights to the child have been terminated and the child is 
eligible for adoption; [and]
		(6)  for a child for whom the department has been named 
managing conservator in a final order that does not include 
termination of parental rights, a permanent placement, including 
appointing a relative as permanent managing conservator or 
returning the child to a parent, is appropriate for the child;
		(7)  for a child whose permanency goal is another 
planned, permanent living arrangement, the department has:
			(A)  documented a compelling reason why adoption, 
permanent managing conservatorship with a relative or other 
suitable individual, or returning the child to a parent is not in 
the child's best interest; and
			(B)  identified a family or other caring adult who 
has made a permanent commitment to the child; and
		(8)  the department or authorized agency has made 
reasonable efforts to finalize the permanency plan that is in 
effect for the child.
	(b)  For a child for whom the department has been named 
managing conservator in a final order that does not include 
termination of parental rights, the court may order the department 
to provide services to a parent for not more than six months after 
the date of the placement review hearing if:
		(1)  the child has not been placed with a relative or 
other individual, including a foster parent, who is seeking 
permanent managing conservatorship of the child; and
		(2)  the court determines that further efforts at 
reunification with a parent are:
			(A)  in the best interest of the child; and                           
			(B)  likely to result in the child's safe return 
to the child's parent.
	SECTION ____.  (a)  The changes in law made by this Act to 
Section 54.211, Education Code, apply beginning with tuition and 
fees imposed by a public institution of higher education for the 
2009 fall semester.  Tuition and fees for a term or semester before 
the 2009 fall semester are covered by the law in effect immediately 
before the effective date of this Act, and the former law is 
continued in effect for that purpose.
	(b)  The change in law made by this Act to Subsection (b), 
Section 263.501, Family Code, applies only to a child in the 
conservatorship of the Department of Family and Protective Services 
for whom a final order in a suit affecting the parent-child 
relationship is rendered on or after the effective date of this Act.  
A child in the conservatorship of the Department of Family and 
Protective Services for whom a final order in a suit affecting the 
parent-child relationship is rendered before the effective date of 
this Act is governed by the law in effect on the date the final order 
was rendered, and the former law is continued in effect for that 
purpose.
	SECTION ____.  Notwithstanding any other provision of this 
Act providing an effective date of this Act, this section and the 
section of this Act that amends Section 54.211, Education Code, 
take effect immediately if this Act 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, those sections take effect 
September 1, 2009.