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AN ACT
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relating to consent by a minor to housing or care provided through a |
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transitional living program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 32, Family Code, is |
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amended by adding Section 32.203 to read as follows: |
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Sec. 32.203. CONSENT BY MINOR TO HOUSING OR CARE PROVIDED |
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THROUGH TRANSITIONAL LIVING PROGRAM. (a) In this section, |
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"transitional living program" means a residential services program |
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for children provided in a residential child-care facility licensed |
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or certified by the Department of Family and Protective Services |
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under Chapter 42, Human Resources Code, that: |
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(1) is designed to provide basic life skills training |
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and the opportunity to practice those skills, with a goal of basic |
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life skills development toward independent living; and |
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(2) is not an independent living program. |
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(b) A minor may consent to housing or care provided to the |
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minor or the minor's child or children, if any, through a |
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transitional living program if the minor is: |
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(1) 16 years of age or older and: |
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(A) resides separate and apart from the minor's |
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parent, managing conservator, or guardian, regardless of whether |
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the parent, managing conservator, or guardian consents to the |
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residence and regardless of the duration of the residence; and |
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(B) manages the minor's own financial affairs, |
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regardless of the source of income; or |
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(2) unmarried and is pregnant or is the parent of a |
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child. |
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(c) Consent by a minor to housing or care under this section |
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is not subject to disaffirmance because of minority. |
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(d) A transitional living program may, with or without the |
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consent of the parent, managing conservator, or guardian, provide |
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housing or care to the minor or the minor's child or children. |
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(e) A transitional living program must attempt to notify the |
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minor's parent, managing conservator, or guardian regarding the |
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minor's location. |
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(f) A transitional living program is not liable for |
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providing housing or care to the minor or the minor's child or |
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children if the minor consents as provided by this section, except |
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that the program is liable for the program's own acts of negligence. |
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(g) A transitional living program may rely on a minor's |
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written statement containing the grounds on which the minor has |
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capacity to consent to housing or care provided through the |
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program. |
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(h) To the extent of any conflict between this section and |
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Section 32.003, Section 32.003 prevails. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 717 passed the Senate on |
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March 21, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 717 passed the House on |
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May 17, 2013, by the following vote: Yeas 129, Nays 5, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |