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A BILL TO BE ENTITLED
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AN ACT
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relating to appointment of a nonparent as managing conservator of a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 153, Family Code, is |
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amended by adding Sections 153.3722 and 153.3723 to read as |
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follows: |
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Sec. 153.3722. REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS |
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MANAGING CONSERVATOR. (a) In a suit in which the court appoints a |
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nonparent as managing conservator of a child: |
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(1) the court must provide the nonparent with an |
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explanation of the differences between appointment as a managing |
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conservator of a child and adoption of a child, including specific |
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statements informing the nonparent that: |
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(A) the nonparent's appointment conveys only the |
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rights specified by the court or applicable laws instead of the |
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complete rights of a parent conveyed by adoption; |
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(B) a parent may be entitled to request |
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visitation with the child or appointment of the parent as managing |
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conservator, notwithstanding the nonparent's appointment; and |
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(C) the nonparent's appointment will not result |
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in the eligibility of the nonparent and child for postadoption |
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benefits; and |
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(2) the court order appointing the nonparent as |
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managing conservator must include provisions that address the |
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authority of the nonparent to: |
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(A) authorize medical, dental, psychological, or |
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surgical treatment and immunization of the child or any other |
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treatment that requires parental consent; |
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(B) obtain and maintain health insurance |
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coverage for the child and automobile insurance coverage for the |
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child, if appropriate; |
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(C) enroll the child in a day-care program or |
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preschool; |
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(D) authorize the child to participate in |
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school-related or extracurricular or social activities, including |
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athletic activities; |
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(E) authorize the child to obtain a learner's |
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permit, driver's license, or state-issued identification card; |
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(F) authorize employment of the child; |
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(G) apply for and receive public benefits for or |
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on behalf of the child; and |
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(H) obtain legal services for the child and |
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execute contracts or other legal documents for the child. |
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(b) If a nonparent does not appear in person before the |
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court, the court, before entering an order appointing the nonparent |
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as managing conservator of a child, shall require evidence that the |
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nonparent was informed of the rights and duties of a nonparent |
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appointed as managing conservator of a child. |
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Sec. 153.3723. ELIGIBILITY OF NONPARENT MANAGING |
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CONSERVATOR FOR POSTADOPTION BENEFITS. The appointment of a |
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nonparent as managing conservator for a child may not be used as the |
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basis for denying postadoption benefits if the nonparent |
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subsequently adopts the child and meets the applicable benefits |
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eligibility criteria. |
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SECTION 2. Section 153.3722, Family Code, as added by this |
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Act, applies to a suit affecting the parent-child relationship that |
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is pending in a trial court on or filed on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |