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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights of the sole managing conservator of a |
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child in relation to the child's passport. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.132, Family Code, is amended to read |
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as follows: |
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Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE |
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MANAGING CONSERVATOR. Unless limited by court order, a parent |
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appointed as sole managing conservator of a child has the rights and |
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duties provided by Subchapter B and the following exclusive rights: |
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(1) the right to designate the primary residence of |
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the child; |
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(2) the right to consent to medical, dental, and |
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surgical treatment involving invasive procedures; |
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(3) the right to consent to psychiatric and |
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psychological treatment; |
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(4) the right to receive and give receipt for periodic |
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payments for the support of the child and to hold or disburse these |
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funds for the benefit of the child; |
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(5) the right to represent the child in legal action |
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and to make other decisions of substantial legal significance |
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concerning the child; |
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(6) the right to consent to marriage and to enlistment |
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in the armed forces of the United States; |
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(7) the right to make decisions concerning the child's |
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education; |
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(8) the right to the services and earnings of the |
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child; [and] |
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(9) except when a guardian of the child's estate or a |
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guardian or attorney ad litem has been appointed for the child, the |
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right to act as an agent of the child in relation to the child's |
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estate if the child's action is required by a state, the United |
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States, or a foreign government; and |
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(10) the right to: |
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(A) apply for a passport for the child; |
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(B) renew the child's passport; and |
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(C) maintain possession of the child's passport. |
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SECTION 2. Section 153.371, Family Code, is amended to read |
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as follows: |
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Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS |
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SOLE MANAGING CONSERVATOR. Unless limited by court order or other |
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provisions of this chapter, a nonparent, a licensed child-placing |
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agency, or the Department of Family and Protective Services |
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appointed as a managing conservator of the child has the following |
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rights and duties: |
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(1) the right to have physical possession and to |
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direct the moral and religious training of the child; |
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(2) the duty of care, control, protection, and |
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reasonable discipline of the child; |
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(3) the duty to provide the child with clothing, food, |
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shelter, education, and medical, psychological, and dental care; |
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(4) the right to consent for the child to medical, |
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psychiatric, psychological, dental, and surgical treatment and to |
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have access to the child's medical records; |
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(5) the right to receive and give receipt for payments |
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for the support of the child and to hold or disburse funds for the |
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benefit of the child; |
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(6) the right to the services and earnings of the |
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child; |
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(7) the right to consent to marriage and to enlistment |
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in the armed forces of the United States; |
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(8) the right to represent the child in legal action |
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and to make other decisions of substantial legal significance |
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concerning the child; |
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(9) except when a guardian of the child's estate or a |
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guardian or attorney ad litem has been appointed for the child, the |
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right to act as an agent of the child in relation to the child's |
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estate if the child's action is required by a state, the United |
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States, or a foreign government; |
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(10) the right to designate the primary residence of |
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the child and to make decisions regarding the child's education; |
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[and] |
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(11) if the parent-child relationship has been |
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terminated with respect to the parents, or only living parent, or if |
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there is no living parent, the right to consent to the adoption of |
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the child and to make any other decision concerning the child that a |
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parent could make; and |
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(12) the right to: |
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(A) apply for a passport for the child; |
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(B) renew the child's passport; and |
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(C) maintain possession of the child's passport. |
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SECTION 3. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship that is pending in a |
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trial court on or filed on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |