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AN ACT
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relating to certain protective orders and agreements involving |
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families. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.405, Family Code, is amended to read as |
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follows: |
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Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The |
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petition in a suit for dissolution of a marriage must state whether, |
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in regard to a party to the suit or a child of a party to the suit: |
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(1) there is in effect: |
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(A) a protective order under Title 4; |
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(B) a protective order under Chapter 7A, Code of |
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Criminal Procedure; or |
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(C) an order for emergency protection under |
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Article 17.292, Code of Criminal Procedure; [is in effect] or |
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(2) [if] an application for an [a protective] order |
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described by Subdivision (1) is pending [with regard to the parties
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to the suit]. |
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(b) The petitioner shall attach to the petition a copy of |
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each [protective] order described by Subsection (a)(1) [issued
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under Title 4] in which a party [one of the parties] to the suit or |
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the child of a party to the suit was the applicant or victim of the |
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conduct alleged in the application or order and the other party was |
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the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the [protective] order is not available at |
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the time of filing, the petition must state that a copy of the order |
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will be filed with the court before any hearing. |
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SECTION 2. Section 34.002(a), Family Code, is amended to |
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read as follows: |
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(a) A parent or both parents of a child may enter into an |
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authorization agreement with a relative of the child listed in |
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Section 34.001 to authorize the relative to perform the following |
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acts in regard to the child: |
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(1) to authorize medical, dental, psychological, or |
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surgical treatment and immunization of the child, including |
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executing any consents or authorizations for the release of |
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information as required by law relating to the treatment or |
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immunization; |
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(2) to obtain and maintain health insurance coverage |
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for the child and automobile insurance coverage for the child, if |
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appropriate; |
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(3) to enroll the child in a day-care program or |
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preschool or in a public or private elementary or secondary school; |
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(4) to authorize the child to participate in |
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age-appropriate extracurricular, civic, social, or recreational |
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activities, including athletic activities; |
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(5) to 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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(6) to authorize employment of the child; [and] |
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(7) to apply for and receive public benefits on behalf |
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of the child; and |
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(8) to obtain: |
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(A) copies or originals of state-issued personal |
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identification documents for the child, including the child's birth |
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certificate; and |
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(B) to the extent authorized under federal law, |
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copies or originals of federally issued personal identification |
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documents for the child, including the child's social security |
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card. |
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SECTION 3. 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) a [the] court does not have |
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continuing 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) 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) a statement by the parent that establishes the |
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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) space for the signature and seal of a notary |
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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, except as provided by Section 34.005(a-2) |
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[34.005(a-1)], the authorization agreement is void unless not later |
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than the 10th day after the date the authorization agreement is |
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signed, [:
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[(A)] the parties mail [a copy of the
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authorization agreement by certified mail, return receipt
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requested, or international registered mail, return receipt
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requested, as applicable,] to a parent who was not a party to the |
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authorization agreement at the parent's last known address, if the |
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parent is living and the parent's parental rights have not been |
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terminated: |
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(A) one copy of the authorization agreement by |
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certified mail, return receipt requested, or international |
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registered mail, return receipt requested, as applicable [, not
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later than the 10th day after the date the authorization agreement
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is signed]; and |
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(B) one [if the parties do not receive a response
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from the parent who is not a party to the authorization agreement
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before the 20th day after the date the copy of the authorization
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agreement is mailed under Paragraph (A), the parties mail a second] |
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copy of the authorization agreement by first class mail or |
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international first class mail, as applicable[, to the parent not
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later than the 45th day after the date the authorization agreement
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is signed]; and |
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(14) that the authorization agreement does not confer |
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on a relative of the child the right to authorize the performance of |
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an abortion on the child or the administration of emergency |
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contraception to the child. |
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SECTION 4. Section 34.004(b), Family Code, is amended to |
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read as follows: |
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(b) A parent may not execute an authorization agreement |
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without a written order by the appropriate court if: |
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(1) there is a court order or pending suit affecting |
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the parent-child relationship concerning the child; |
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(2) there is pending litigation in any court |
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concerning: |
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(A) custody, possession, or placement of the |
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child; or |
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(B) access to or visitation with the child; or |
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(3) a [the] court has continuing, exclusive |
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jurisdiction over the child. |
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SECTION 5. Section 34.005, Family Code, is amended by |
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amending Subsections (a) and (a-1) and adding Subsection (a-2) 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, not later than the 10th day after the date the |
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authorization agreement is executed the parties shall mail [a copy
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of the executed authorization agreement by certified mail, return
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receipt requested, or international registered mail, return
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receipt requested, as applicable,] to the parent who was not a party |
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to the authorization agreement at the parent's last known address, |
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[not later than the 10th day after the date the authorization
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agreement is executed] if that parent is living and that parent's |
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parental rights have not been terminated: |
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(1) one copy of the executed authorization agreement |
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by certified mail, return receipt requested, or international |
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registered mail, return receipt requested, as applicable; and |
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(2) one [. If the parties do not receive a response
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from the parent who is not a party to the authorization agreement
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before the 20th day after the date the copy of the authorization
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agreement is mailed, the parties shall mail a second] copy of the |
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executed authorization agreement by first class mail or |
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international first class mail, as applicable[, to the parent at
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the same address not later than the 45th day after the date the
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authorization agreement is executed]. |
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(a-1) Except as otherwise provided by Subsection (a-2), an |
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[An] authorization agreement is void if the parties fail to comply |
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with Subsection (a) [this subsection]. |
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(a-2) [(a-1)] Subsection (a) does not apply to an |
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authorization agreement if the parent who was not a party to the |
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authorization agreement: |
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(1) does not have court-ordered possession of or |
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access to the child who is the subject of the authorization |
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agreement; and |
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(2) has previously committed an act of family |
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violence, as defined by Section 71.004, or assault against the |
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parent who is a party to the authorization agreement, the child who |
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is the subject of the authorization agreement, or another child of |
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the parent who is a party to the authorization agreement, as |
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documented by one or more of the following: |
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(A) the issuance of a protective order against |
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the parent who was not a party to the authorization agreement as |
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provided under Chapter 85 or under a similar law of another state; |
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or |
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(B) the conviction of the parent who was not a |
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party to the authorization agreement of an offense under Title 5, |
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Penal Code, or of another criminal offense in this state or in |
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another state an element of which involves a violent act or |
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prohibited sexual conduct. |
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SECTION 6. |
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Section 102.008, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (c) and (d) to read |
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as follows: |
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(b) The petition must include: |
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(1) a statement that the court in which the petition is |
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filed has continuing, exclusive jurisdiction or that no court has |
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continuing jurisdiction of the suit; |
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(2) the name and date of birth of the child, except |
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that if adoption of a child is requested, the name of the child may |
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be omitted; |
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(3) the full name of the petitioner and the |
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petitioner's relationship to the child or the fact that no |
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relationship exists; |
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(4) the names of the parents, except in a suit in which |
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adoption is requested; |
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(5) the name of the managing conservator, if any, or |
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the child's custodian, if any, appointed by order of a court of |
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another state or country; |
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(6) the names of the guardians of the person and estate |
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of the child, if any; |
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(7) the names of possessory conservators or other |
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persons, if any, having possession of or access to the child under |
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an order of the court; |
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(8) the name of an alleged father of the child or a |
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statement that the identity of the father of the child is unknown; |
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(9) a full description and statement of value of all |
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property owned or possessed by the child; |
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(10) a statement describing what action the court is |
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requested to take concerning the child and the statutory grounds on |
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which the request is made; [and] |
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(11) a statement as to whether, in regard to a party to |
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the suit or a child of a party to the suit: |
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(A) there is in effect: |
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(i) a protective order under Title 4; |
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(ii) a protective order under Chapter 7A, |
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Code of Criminal Procedure; or |
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(iii) an order for emergency protection |
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under Article 17.292, Code of Criminal Procedure; or |
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(B) an application for an order described by |
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Paragraph (A) is pending; and |
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(12) any other information required by this title. |
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(c) The petitioner shall attach a copy of each order |
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described by Subsection (b)(11)(A) in which a party to the suit or a |
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child of a party to the suit was the applicant or victim of the |
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conduct alleged in the application or order and the other party was |
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the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the order is not available at the time of |
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filing, the petition must state that a copy of the order will be |
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filed with the court before any hearing. |
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(d) Notwithstanding any other provision of this section, if |
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the Title IV-D agency files a petition in a suit affecting the |
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parent-child relationship, the agency is not required to: |
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(1) include in the petition the statement described by |
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Subsection (b)(11); or |
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(2) attach copies of the documentation described by |
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Subsection (c). |
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SECTION 7. Subchapter G, Chapter 160, Family Code, is |
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amended by adding Section 160.6035 to read as follows: |
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Sec. 160.6035. CONTENTS OF PETITION; STATEMENT RELATING TO |
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CERTAIN PROTECTIVE ORDERS REQUIRED. (a) The petition in a |
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proceeding to adjudicate parentage must include a statement as to |
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whether, in regard to a party to the proceeding or a child of a party |
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to the proceeding: |
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(1) there is in effect: |
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(A) a protective order under Title 4; |
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(B) a protective order under Chapter 7A, Code of |
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Criminal Procedure; or |
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(C) an order for emergency protection under |
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Article 17.292, Code of Criminal Procedure; or |
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(2) an application for an order described by |
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Subdivision (1) is pending. |
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(b) The petitioner shall attach a copy of each order |
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described by Subsection (a)(1) in which a party to the proceeding or |
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a child of a party to the proceeding was the applicant or victim of |
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the conduct alleged in the application or order and the other party |
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was the respondent or defendant of an action regarding the conduct |
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alleged in the application or order without regard to the date of |
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the order. If a copy of the order is not available at the time of |
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filing, the petition must state that a copy of the order will be |
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filed with the court before any hearing. |
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(c) Notwithstanding any other provision of this section, if |
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the Title IV-D agency files a petition in a proceeding to adjudicate |
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parentage, the agency is not required to: |
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(1) include in the petition the statement described by |
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Subsection (a); or |
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(2) attach copies of the documentation described by |
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Subsection (b). |
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SECTION 8. Sections 6.405 and 102.008, Family Code, as |
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amended by this Act, and Section 160.6035, Family Code, as added by |
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this Act, apply only to a petition filed on or after September 1, |
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2017. A petition filed before September 1, 2017, is governed by the |
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law in effect on the date the petition was filed, and the former law |
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is continued in effect for that purpose. |
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SECTION 9. The changes in law made by this Act apply only to |
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an authorization agreement executed on or after the effective date |
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of this Act. An authorization agreement executed before that date |
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is governed by the law in effect on the date the authorization |
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agreement was executed, and the former law is continued in effect |
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for that purpose. |
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SECTION 10. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3052 was passed by the House on May 9, |
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2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3052 on May 26, 2017, by the following vote: Yeas 144, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3052 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |