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