Texas 2009 - 81st Regular

Texas Senate Bill SB1598 Compare Versions

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1	1	S.B. No. 1598
2	2
3	3
4	4	AN ACT
5	5	relating to an agreement authorizing a nonparent relative of a
6	6	child to make certain decisions regarding the child; providing a
7	7	penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 2, Family Code, is amended by
10	10	adding Chapter 34 to read as follows:
11	11	CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT RELATIVE
12	12	Sec. 34.001. APPLICABILITY. This chapter applies only to
13	13	an authorization agreement between a parent of a child and a person
14	14	who is the child's:
15	15	(1) grandparent;
16	16	(2) adult sibling; or
17	17	(3) adult aunt or uncle.
18	18	Sec. 34.002. AUTHORIZATION AGREEMENT. (a) A parent or
19	19	both parents of a child may enter into an authorization agreement
20	20	with a relative of the child listed in Section 34.001 to authorize
21	21	the relative to perform the following acts in regard to the child:
22	22	(1) to authorize medical, dental, psychological, or
23	23	surgical treatment and immunization of the child, including
24	24	executing any consents or authorizations for the release of
25	25	information as required by law relating to the treatment or
26	26	immunization;
27	27	(2) to obtain and maintain health insurance coverage
28	28	for the child and automobile insurance coverage for the child, if
29	29	appropriate;
30	30	(3) to enroll the child in a day-care program or
31	31	preschool or in a public or private primary or secondary school;
32	32	(4) to authorize the child to participate in
33	33	age-appropriate extracurricular, civic, social, or recreational
34	34	activities, including athletic activities;
35	35	(5) to authorize the child to obtain a learner's
36	36	permit, driver's license, or state-issued identification card;
37	37	(6) to authorize employment of the child; and
38	38	(7) to apply for and receive public benefits on behalf
39	39	of the child.
40	40	(b) To the extent of any conflict or inconsistency between
41	41	this chapter and any other law relating to the eligibility
42	42	requirements other than parental consent to obtain a service under
43	43	Subsection (a), the other law controls.
44	44	(c) An authorization agreement under this chapter does not
45	45	confer on a relative of the child listed in Section 34.001 the right
46	46	to authorize the performance of an abortion on the child or the
47	47	administration of emergency contraception to the child.
48	48	Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
49	49	authorization agreement must contain:
50	50	(1) the following information from the relative of the
51	51	child to whom the parent is giving authorization:
52	52	(A) the name and signature of the relative;
53	53	(B) the relative's relationship to the child; and
54	54	(C) the relative's current physical address and
55	55	telephone number or the best way to contact the relative;
56	56	(2) the following information from the parent:
57	57	(A) the name and signature of the parent; and
58	58	(B) the parent's current address and telephone
59	59	number or the best way to contact the parent;
60	60	(3) the information in Subdivision (2) with respect to
61	61	the other parent, if applicable;
62	62	(4) a statement that the relative has been given
63	63	authorization to perform the functions listed in Section 34.002(a)
64	64	as a result of a voluntary action of the parent and that the
65	65	relative has voluntarily assumed the responsibility of performing
66	66	those functions;
67	67	(5) statements that neither the parent nor the
68	68	relative has knowledge that a parent, guardian, custodian, licensed
69	69	child-placing agency, or other authorized agency asserts any claim
70	70	or authority inconsistent with the authorization agreement under
71	71	this chapter with regard to actual physical possession or care,
72	72	custody, or control of the child;
73	73	(6) statements that:
74	74	(A) to the best of the parent's and relative's
75	75	knowledge:
76	76	(i) there is no court order or pending suit
77	77	affecting the parent-child relationship concerning the child;
78	78	(ii) there is no pending litigation in any
79	79	court concerning:
80	80	(a) custody, possession, or placement
81	81	of the child; or
82	82	(b) access to or visitation with the
83	83	child; and
84	84	(iii) the court does not have continuing
85	85	jurisdiction concerning the child; or
86	86	(B) the court with continuing jurisdiction
87	87	concerning the child has given written approval for the execution
88	88	of the authorization agreement accompanied by the following
89	89	information:
90	90	(i) the county in which the court is
91	91	located;
92	92	(ii) the number of the court; and
93	93	(iii) the cause number in which the order
94	94	was issued or the litigation is pending;
95	95	(7) a statement that the authorization is made in
96	96	conformance with this chapter;
97	97	(8) a statement that the parent and the relative
98	98	understand that each party to the authorization agreement is
99	99	required by law to immediately provide to each other party
100	100	information regarding any change in the party's address or contact
101	101	information;
102	102	(9) a statement by the parent that establishes the
103	103	circumstances under which the authorization agreement expires,
104	104	including that the authorization agreement:
105	105	(A) is valid until revoked;
106	106	(B) continues in effect after the death or during
107	107	any incapacity of the parent; or
108	108	(C) expires on a date stated in the authorization
109	109	agreement; and
110	110	(10) space for the signature and seal of a notary
111	111	public.
112	112	(b) The authorization agreement must contain the following
113	113	warnings and disclosures:
114	114	(1) that the authorization agreement is an important
115	115	legal document;
116	116	(2) that the parent and the relative must read all of
117	117	the warnings and disclosures before signing the authorization
118	118	agreement;
119	119	(3) that the persons signing the authorization
120	120	agreement are not required to consult an attorney but are advised to
121	121	do so;
122	122	(4) that the parent's rights as a parent may be
123	123	adversely affected by placing or leaving the parent's child with
124	124	another person;
125	125	(5) that the authorization agreement does not confer
126	126	on the relative the rights of a managing or possessory conservator
127	127	or legal guardian;
128	128	(6) that a parent who is a party to the authorization
129	129	agreement may terminate the authorization agreement and resume
130	130	custody, possession, care, and control of the child on demand and
131	131	that at any time the parent may request the return of the child;
132	132	(7) that failure by the relative to return the child to
133	133	the parent immediately on request may have criminal and civil
134	134	consequences;
135	135	(8) that, under other applicable law, the relative may
136	136	be liable for certain expenses relating to the child in the
137	137	relative's care but that the parent still retains the parental
138	138	obligation to support the child;
139	139	(9) that, in certain circumstances, the authorization
140	140	agreement may not be entered into without written permission of the
141	141	court;
142	142	(10) that the authorization agreement may be
143	143	terminated by certain court orders affecting the child;
144	144	(11) that the authorization agreement is void unless
145	145	the parties mail a copy of the authorization agreement to a parent
146	146	who was not a party to the authorization agreement, if the parent is
147	147	living and the parent's parental rights have not been terminated,
148	148	not later than the 10th day after the date the authorization
149	149	agreement is signed; and
150	150	(12) that the authorization agreement does not confer
151	151	on a relative of the child the right to authorize the performance of
152	152	an abortion on the child or the administration of emergency
153	153	contraception to the child.
154	154	Sec. 34.004. EXECUTION OF AUTHORIZATION AGREEMENT.
155	155	(a) The authorization agreement must be signed and sworn to before
156	156	a notary public by the parent and the relative.
157	157	(b) A parent may not execute an authorization agreement
158	158	without a written order by the appropriate court if:
159	159	(1) there is a court order or pending suit affecting
160	160	the parent-child relationship concerning the child;
161	161	(2) there is pending litigation in any court
162	162	concerning:
163	163	(A) custody, possession, or placement of the
164	164	child; or
165	165	(B) access to or visitation with the child; or
166	166	(3) the court has continuing, exclusive jurisdiction
167	167	over the child.
168	168	(c) An authorization agreement obtained in violation of
169	169	Subsection (b) is void.
170	170	Sec. 34.005. DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT.
171	171	(a) If both parents did not sign the authorization agreement, the
172	172	parties shall mail a copy of the executed authorization agreement
173	173	to the parent who was not a party to the authorization agreement at
174	174	the parent's last known address not later than the 10th day after
175	175	the date the authorization agreement is executed if that parent is
176	176	living and that parent's parental rights have not been terminated.
177	177	An authorization agreement is void if the parties fail to comply
178	178	with this subsection.
179	179	(b) A party to the authorization agreement shall
180	180	immediately inform each other party of any change in the party's
181	181	address or contact information. If a party fails to comply with
182	182	this subsection, the authorization agreement is voidable by the
183	183	other party.
184	184	Sec. 34.006. AUTHORIZATION VOIDABLE. An authorization
185	185	agreement is voidable by a party if the other party knowingly:
186	186	(1) obtained the authorization agreement by fraud,
187	187	duress, or misrepresentation; or
188	188	(2) made a false statement on the authorization
189	189	agreement.
190	190	Sec. 34.007. EFFECT OF AUTHORIZATION AGREEMENT. (a) A
191	191	person who is not a party to the authorization agreement who relies
192	192	in good faith on an authorization agreement under this chapter,
193	193	without actual knowledge that the authorization agreement is void,
194	194	revoked, or invalid, is not subject to civil or criminal liability
195	195	to any person, and is not subject to professional disciplinary
196	196	action, for that reliance if the agreement is completed as required
197	197	by this chapter.
198	198	(b) The authorization agreement does not affect the rights
199	199	of the child's parent or legal guardian regarding the care,
200	200	custody, and control of the child, and does not mean that the
201	201	relative has legal custody of the child.
202	202	(c) An authorization agreement executed under this chapter
203	203	does not confer or affect standing or a right of intervention in any
204	204	proceeding under Title 5.
205	205	Sec. 34.008. TERMINATION OF AUTHORIZATION AGREEMENT.
206	206	(a) Except as provided by Subsection (b), an authorization
207	207	agreement under this chapter terminates if, after the execution of
208	208	the authorization agreement, a court enters an order:
209	209	(1) affecting the parent-child relationship;
210	210	(2) concerning custody, possession, or placement of
211	211	the child;
212	212	(3) concerning access to or visitation with the child;
213	213	or
214	214	(4) regarding the appointment of a guardian for the
215	215	child under Section 676, Texas Probate Code.
216	216	(b) An authorization agreement may continue after a court
217	217	order described by Subsection (a) is entered if the court entering
218	218	the order gives written permission.
219	219	(c) An authorization agreement under this chapter
220	220	terminates on written revocation by a party to the authorization
221	221	agreement if the party:
222	222	(1) gives each party written notice of the revocation;
223	223	(2) files the written revocation with the clerk of the
224	224	county in which:
225	225	(A) the child resides;
226	226	(B) the child resided at the time the
227	227	authorization agreement was executed; or
228	228	(C) the relative resides; and
229	229	(3) files the written revocation with the clerk of
230	230	each court:
231	231	(A) that has continuing, exclusive jurisdiction
232	232	over the child;
233	233	(B) in which there is a court order or pending
234	234	suit affecting the parent-child relationship concerning the child;
235	235	(C) in which there is pending litigation
236	236	concerning:
237	237	(i) custody, possession, or placement of
238	238	the child; or
239	239	(ii) access to or visitation with the
240	240	child; or
241	241	(D) that has entered an order regarding the
242	242	appointment of a guardian for the child under Section 676, Texas
243	243	Probate Code.
244	244	(d) If an authorization agreement executed under this
245	245	chapter does not state when the authorization agreement expires,
246	246	the authorization agreement is valid until revoked.
247	247	(e) If both parents have signed the authorization
248	248	agreement, either parent may revoke the authorization agreement
249	249	without the other parent's consent.
250	250	Sec. 34.009. PENALTY. (a) A person commits an offense if
251	251	the person knowingly:
252	252	(1) presents a document that is not a valid
253	253	authorization agreement as a valid authorization agreement under
254	254	this chapter;
255	255	(2) makes a false statement on an authorization
256	256	agreement; or
257	257	(3) obtains an authorization agreement by fraud,
258	258	duress, or misrepresentation.
259	259	(b) An offense under this section is a Class B misdemeanor.
260	260	SECTION 2. The Department of Family and Protective Services
261	261	shall prescribe forms for the disclosure statement and
262	262	authorization agreement under Chapter 34, Family Code, as added by
263	263	this Act, not later than January 1, 2010. The department and the
264	264	Texas Education Agency shall make the forms available on their
265	265	Internet websites or provide paper copies to the public on request
266	266	without charge.
267	267	SECTION 3. This Act takes effect immediately if it receives
268	268	a vote of two-thirds of all the members elected to each house, as
269	269	provided by Section 39, Article III, Texas Constitution. If this
270	270	Act does not receive the vote necessary for immediate effect, this
271	271	Act takes effect September 1, 2009.
272	272	______________________________ ______________________________
273	273	President of the Senate Speaker of the House
274	274	I hereby certify that S.B. No. 1598 passed the Senate on
275	275	May 5, 2009, by the following vote: Yeas 26, Nays 3.
276	276	______________________________
277	277	Secretary of the Senate
278	278	I hereby certify that S.B. No. 1598 passed the House on
279	279	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
280	280	present not voting.
281	281	______________________________
282	282	Chief Clerk of the House
283	283	Approved:
284	284	______________________________
285	285	Date
286	286	______________________________
287	287	Governor