82R3609 JSC-D
 
  By: Harris S.B. No. 482
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for an authorization agreement for a
  nonparent relative of a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 34.002, Family Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Only one authorization agreement may be in effect for a
  child at any time. An authorization agreement is void if it is
  executed while a prior authorization agreement remains in effect.
         SECTION 2.  Section 34.003, Family Code, is amended to read
  as follows:
         Sec. 34.003.  CONTENTS OF AUTHORIZATION AGREEMENT.  (a)  The
  authorization agreement must contain:
               (1)  the following information from the relative of the
  child to whom the parent is giving authorization:
                     (A)  the name and signature of the relative;
                     (B)  the relative's relationship to the child; and
                     (C)  the relative's current physical address and
  telephone number or the best way to contact the relative;
               (2)  the following information from the parent:
                     (A)  the name and signature of the parent; and
                     (B)  the parent's current address and telephone
  number or the best way to contact the parent;
               (3)  the information in Subdivision (2) with respect to
  the other parent, if applicable;
               (4)  a statement that the relative has been given
  authorization to perform the functions listed in Section 34.002(a)
  as a result of a voluntary action of the parent and that the
  relative has voluntarily assumed the responsibility of performing
  those functions;
               (5)  statements that neither the parent nor the
  relative has knowledge that a parent, guardian, custodian, licensed
  child-placing agency, or other authorized agency asserts any claim
  or authority inconsistent with the authorization agreement under
  this chapter with regard to actual physical possession or care,
  custody, or control of the child;
               (6)  statements that:
                     (A)  to the best of the parent's and relative's
  knowledge:
                           (i)  there is no court order or pending suit
  affecting the parent-child relationship concerning the child;
                           (ii)  there is no pending litigation in any
  court concerning:
                                 (a)  custody, possession, or placement
  of the child; or
                                 (b)  access to or visitation with the
  child; and
                           (iii)  the court does not have continuing
  jurisdiction concerning the child; or
                     (B)  the court with continuing jurisdiction
  concerning the child has given written approval for the execution
  of the authorization agreement accompanied by the following
  information:
                           (i)  the county in which the court is
  located;
                           (ii)  the number of the court; and
                           (iii)  the cause number in which the order
  was issued or the litigation is pending;
               (7)  a statement that to the best of the parent's and
  relative's knowledge there is no current, valid authorization
  agreement regarding the child;
               (8)  a statement that the authorization is made in
  conformance with this chapter;
               (9) [(8)]  a statement that the parent and the relative
  understand that each party to the authorization agreement is
  required by law to immediately provide to each other party
  information regarding any change in the party's address or contact
  information;
               (10) [(9)]  a statement by the parent that establishes
  the circumstances under which the authorization agreement expires,
  including that the authorization agreement:
                     (A)  is valid until revoked;
                     (B)  continues in effect after the death or during
  any incapacity of the parent; or
                     (C)  expires on a date stated in the authorization
  agreement; and
               (11) [(10)]  space for the signature and seal of a
  notary public.
         (b)  The authorization agreement must contain the following
  warnings and disclosures:
               (1)  that the authorization agreement is an important
  legal document;
               (2)  that the parent and the relative must read all of
  the warnings and disclosures before signing the authorization
  agreement;
               (3)  that the persons signing the authorization
  agreement are not required to consult an attorney but are advised to
  do so;
               (4)  that the parent's rights as a parent may be
  adversely affected by placing or leaving the parent's child with
  another person;
               (5)  that the authorization agreement does not confer
  on the relative the rights of a managing or possessory conservator
  or legal guardian;
               (6)  that a parent who is a party to the authorization
  agreement may terminate the authorization agreement and resume
  custody, possession, care, and control of the child on demand and
  that at any time the parent may request the return of the child;
               (7)  that failure by the relative to return the child to
  the parent immediately on request may have criminal and civil
  consequences;
               (8)  that, under other applicable law, the relative may
  be liable for certain expenses relating to the child in the
  relative's care but that the parent still retains the parental
  obligation to support the child;
               (9)  that, in certain circumstances, the authorization
  agreement may not be entered into without written permission of the
  court;
               (10)  that the authorization agreement may be
  terminated by certain court orders affecting the child;
               (11)  that the authorization agreement does not
  supersede, invalidate, or terminate any prior authorization
  agreement regarding the child;
               (12)  that the authorization agreement is void if a
  prior authorization agreement regarding the child is in effect and
  has not expired or been terminated;
               (13)  that the authorization agreement is void unless:
                     (A)  the parties mail a copy of the authorization
  agreement by certified mail, return receipt requested, to a parent
  who was not a party to the authorization agreement, if the parent is
  living and the parent's parental rights have not been terminated,
  not later than the 10th day after the date the authorization
  agreement is signed; and
                     (B)  if the parties do not receive a response from
  the parent who is not a party to the authorization agreement before
  the 20th day after the date the copy of the authorization agreement
  is mailed under Paragraph (A), the parties mail a second copy of the
  authorization agreement by first class mail to the parent not later
  than the 45th day after the date the authorization agreement is
  signed; and
               (14) [(12)]  that the authorization agreement does not
  confer on a relative of the child the right to authorize the
  performance of an abortion on the child or the administration of
  emergency contraception to the child.
         SECTION 3.  Section 34.005(a), Family Code, is amended to
  read as follows:
         (a)  If both parents did not sign the authorization
  agreement, the parties shall mail a copy of the executed
  authorization agreement by certified mail, return receipt
  requested, to the parent who was not a party to the authorization
  agreement at the parent's last known address not later than the 10th
  day after the date the authorization agreement is executed if that
  parent is living and that parent's parental rights have not been
  terminated. If the parties do not receive a response from the
  parent who is not a party to the authorization agreement before the
  20th day after the date the copy of the authorization agreement is
  mailed, the parties shall mail a second copy of the executed
  authorization agreement by first class mail to the parent at the
  same address not later than the 45th day after the date the
  authorization agreement is executed.  An authorization agreement is
  void if the parties fail to comply with this subsection.
         SECTION 4.  Section 34.008, Family Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Execution of a subsequent authorization agreement does
  not by itself supersede, invalidate, or terminate a prior
  authorization agreement.
         SECTION 5.  (a) Section 34.002(d), Family Code, as added by
  this Act, applies to an authorization agreement under Chapter 34,
  Family Code, regardless of whether the agreement was executed
  before, on, or after the effective date of this Act.
         (b)  Notwithstanding Subsection (a) of this section, if, on
  the effective date of this Act, more than one valid authorization
  agreement is in effect for a child, each authorization agreement
  remains in effect, under the law as it existed immediately before
  the effective date of this Act, until August 31, 2012, or until the
  date the authorization agreement is terminated, whichever date is
  earlier. If, on September 1, 2012, more than one valid
  authorization agreement remains in effect for a child, the most
  recently executed authorization agreement controls, and all
  authorization agreements executed before that agreement are
  considered terminated.
         SECTION 6.  This Act takes effect September 1, 2011.