82R573 TJB-F

By: Gonzalez H.B. No. 841

A BILL TO BE ENTITLED

AN ACT

relating to certain statutory references to the Department of

Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 33.003(f), Family Code, is amended to

read as follows:

(f) The court may appoint to serve as guardian ad litem:

(1) a person who may consent to treatment for the minor

under Sections 32.001(a)(1)-(3);

(2) a psychiatrist or an individual licensed or

certified as a psychologist under Chapter 501, Occupations Code;

(3) an appropriate employee of the Department of

Family and Protective [and Regulatory] Services;

(4) a member of the clergy; or

(5) another appropriate person selected by the court.

SECTION 2. Section 33.008, Family Code, is amended to read

as follows:

Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;

INVESTIGATION AND ASSISTANCE. (a) A physician who has reason to

believe that a minor has been or may be physically or sexually

abused by a person responsible for the minor's care, custody, or

welfare, as that term is defined by Section 261.001, shall

immediately report the suspected abuse to the Department of Family

and Protective [and Regulatory] Services and shall refer the minor

to the department for services or intervention that may be in the

best interest of the minor.

(b) The Department of Family and Protective [and

Regulatory] Services shall investigate suspected abuse reported

under this section and, if appropriate, shall assist the minor in

making an application with a court under Section 33.003.

SECTION 3. Section 51.095(d), Family Code, is amended to

read as follows:

(d) Subsections (a)(1) and (a)(5) apply to the statement of

a child made:

(1) while the child is in a detention facility or other

place of confinement;

(2) while the child is in the custody of an officer; or

(3) during or after the interrogation of the child by

an officer if the child is in the possession of the Department of

Family and Protective [and Regulatory] Services and is suspected to

have engaged in conduct that violates a penal law of this state.

SECTION 4. Section 81.005(a), Family Code, is amended to

read as follows:

(a) The court may assess reasonable attorney's fees against

the party found to have committed family violence or a party against

whom an agreed protective order is rendered under Section 85.005 as

compensation for the services of a private or prosecuting attorney

or an attorney employed by the Department of Family and Protective

[and Regulatory] Services.

SECTION 5. Section 81.006, Family Code, is amended to read

as follows:

Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees

collected under this chapter as compensation for the fees:

(1) of a private attorney shall be paid to the private

attorney who may enforce the order for fees in the attorney's own

name;

(2) of a prosecuting attorney shall be paid to the

credit of the county fund from which the salaries of the employees

of the prosecuting attorney are paid or supplemented; and

(3) of an attorney employed by the Department of

Family and Protective [and Regulatory] Services shall be deposited

in the general revenue fund to the credit of the Department of

Family and Protective [and Regulatory] Services.

SECTION 6. Section 81.0075, Family Code, is amended to read

as follows:

Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN

CERTAIN SUBSEQUENT ACTIONS. A prosecuting attorney who represents

a party in a proceeding under this subtitle is not precluded from

representing the Department of Family and Protective [and

Regulatory] Services in a subsequent action involving the party.

SECTION 7. Section 82.002(d), Family Code, is amended to

read as follows:

(d) In addition, an application may be filed for the

protection of any person alleged to be a victim of family violence

by:

(1) a prosecuting attorney; or

(2) the Department of Family and Protective [and

Regulatory] Services.

SECTION 8. Section 101.002, Family Code, is amended to read

as follows:

Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means

a public social agency authorized to care for children, including

the [Texas] Department of Family and Protective [and Regulatory]

Services.

SECTION 9. Section 101.017, Family Code, is amended to read

as follows:

Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed

child placing agency" means a person, private association, or

corporation approved by the Department of Family and Protective

[and Regulatory] Services to place children for adoption through a

license, certification, or other means.

SECTION 10. Section 102.003(a), Family Code, is amended to

read as follows:

(a) An original suit may be filed at any time by:

(1) a parent of the child;

(2) the child through a representative authorized by

the court;

(3) a custodian or person having the right of

visitation with or access to the child appointed by an order of a

court of another state or country;

(4) a guardian of the person or of the estate of the

child;

(5) a governmental entity;

(6) an authorized agency;

(7) a licensed child placing agency;

(8) a man alleging himself to be the father of a child

filing in accordance with Chapter 160, subject to the limitations

of that chapter, but not otherwise;

(9) a person, other than a foster parent, who has had

actual care, control, and possession of the child for at least six

months ending not more than 90 days preceding the date of the filing

of the petition;

(10) a person designated as the managing conservator

in a revoked or unrevoked affidavit of relinquishment under Chapter

161 or to whom consent to adoption has been given in writing under

Chapter 162;

(11) a person with whom the child and the child's

guardian, managing conservator, or parent have resided for at least

six months ending not more than 90 days preceding the date of the

filing of the petition if the child's guardian, managing

conservator, or parent is deceased at the time of the filing of the

petition;

(12) a person who is the foster parent of a child

placed by the Department of Family and Protective [and Regulatory]

Services in the person's home for at least 12 months ending not more

than 90 days preceding the date of the filing of the petition;

(13) a person who is a relative of the child within the

third degree by consanguinity, as determined by Chapter 573,

Government Code, if the child's parents are deceased at the time of

the filing of the petition; or

(14) a person who has been named as a prospective

adoptive parent of a child by a pregnant woman or the parent of the

child, in a verified written statement to confer standing executed

under Section 102.0035, regardless of whether the child has been

born.

SECTION 11. 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, 2011.