Texas 2011 - 82nd Regular

Texas House Bill HB1359 Compare Versions

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1	1	82R21769 JSC-D
2	2	By: Veasey H.B. No. 1359
3	3	Substitute the following for H.B. No. 1359:
4	4	By: Scott C.S.H.B. No. 1359
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorization for a caregiver who is a relative to
10	10	enroll a child in school.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 2, Family Code, is amended by
13	13	adding Chapter 35 to read as follows:
14	14	CHAPTER 35. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD
15	15	IN SCHOOL
16	16	Sec. 35.001. DEFINITION. In this chapter, "relative" means
17	17	someone related to a child by consanguinity or affinity, as
18	18	determined under Sections 573.022 and 573.024, Government Code,
19	19	respectively.
20	20	Sec. 35.002. AFFIDAVIT OF CAREGIVER. (a) A caregiver of a
21	21	child who is a relative of the child may execute an affidavit
22	22	indicating that:
23	23	(1) the child primarily resides with the caregiver;
24	24	and
25	25	(2) the parent or legal guardian cannot be contacted
26	26	for authorization.
27	27	(b) The affidavit must be witnessed by two witnesses who are
28	28	at least 18 years of age or older and at least one of whom is not
29	29	related by blood or marriage to the child or the caregiver.
30	30	(c) The completed affidavit must be notarized.
31	31	Sec. 35.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a)
32	32	A caregiver may provide the affidavit under this chapter to a school
33	33	or school district to enroll the child in school.
34	34	(b) If the child no longer resides with the caregiver or if
35	35	the child's parent or guardian objects to the caregiver's
36	36	authorization, the affidavit is invalid and the caregiver shall
37	37	notify all parties to whom the caregiver provided the affidavit,
38	38	including the child's school.
39	39	Sec. 35.004. EFFECT OF AFFIDAVIT. (a) A person who relies
40	40	on an affidavit that complies with this chapter has no obligation to
41	41	make any further inquiry or investigation.
42	42	(b) The caregiver's authorization affidavit does not affect
43	43	the rights of the child's parent or legal guardian regarding the
44	44	care, custody, and control of the child and does not mean that the
45	45	caregiver has legal custody of the child.
46	46	Sec. 35.005. FORM OF AFFIDAVIT. The caregiver's
47	47	authorization affidavit must be in substantially the following
48	48	form:
49	49	Caregiver's Authorization Affidavit
50	50	Use of this affidavit is authorized by Chapter 35, Family
51	51	Code.
52	52	Instructions: Completion of and the signing of the affidavit
53	53	are sufficient to authorize enrollment of a child in school. Print
54	54	clearly.
55	55	The child named below lives in my home and I am 18 years of age
56	56	or older.
57	57	1. Name of child: ______________________________.
58	58	2. Child's birth date: __________________________.
59	59	3. My name (adult giving authorization): _____________.
60	60	4. My home address: _________________________
61	61	____________________________
62	62	____________________________.
63	63	5. ( ) I am a grandparent, aunt, uncle, or other qualified
64	64	relative of the child (see portion of this form that provides
65	65	definition of "qualified relative").
66	66	6. ( ) I am unable to contact the parent(s) or other
67	67	person(s) having legal custody of the child at this time to notify
68	68	them of my intended authorization.
69	69	7. My date of birth: _________________________________.
70	70	8. My Texas driver's license or identification card number,
71	71	or other form of identification (specify):
72	72	______________________________________________________.
73	73	Warning: Do not sign this form if any of the statements above
74	74	are incorrect, or you will be committing a crime punishable by a
75	75	fine, imprisonment, or both.
76	76	I declare under penalty of perjury under the laws of the State
77	77	of Texas that the foregoing is true and correct.
78	78	Dated: _______________________
79	79	Signed: _________________________
80	80	Witnesses:
81	81	I am 18 years of age or older and I am not related to the
82	82	child, the parents of the child, or the caregiver by blood or
83	83	marriage.
84	84	Signature: _____________________________
85	85	Printed Name: ___________________________
86	86	Date: ________________________
87	87	I am 18 years of age or older.
88	88	Signature: _____________________________
89	89	Printed Name: ___________________________
90	90	Date: ________________________
91	91	Notary:
92	92	State of _____________________________
93	93	County of _____________________________
94	94	Subscribed and sworn to before me, a notary public, by
95	95	___________________ this _______ day of _______________, 2______.
96	96	Printed Name of Notary: _____________________________
97	97	Commission Expires: _____________________________
98	98	Notices:
99	99	1. This declaration does not affect the rights of the
100	100	child's parents or legal guardian regarding the care, custody, and
101	101	control of the child, and does not mean that the caregiver has legal
102	102	custody of the child.
103	103	2. A person who relies on this affidavit has no obligation
104	104	to make any further inquiry or investigation.
105	105	Additional Information:
106	106	TO CAREGIVERS:
107	107	1. "Qualified relative," for purposes of item 5 of the
108	108	affidavit, means a person related to the child by consanguinity or
109	109	affinity (blood, marriage, or adoption).
110	110	2. If the child no longer resides with you, or if the child's
111	111	parent or guardian objects to this authorization, you are required
112	112	to notify any school to which you have given this affidavit. The
113	113	affidavit is invalid after the school receives notice.
114	114	TO SCHOOL OFFICIALS:
115	115	1. Section 25.001, Education Code, provides that this
116	116	affidavit constitutes a sufficient basis for a determination of
117	117	residency of the child, without the requirement of a guardianship
118	118	or other custody order, unless the school district determines from
119	119	actual facts that the child is not living with the caregiver.
120	120	2. The school district may require additional reasonable
121	121	evidence that the caregiver lives at the address provided in item 4
122	122	of the affidavit.
123	123	Sec. 35.006. RULES. (a) The commissioner of education
124	124	shall adopt rules to implement this chapter and to ensure that the
125	125	caregiver's authorization affidavit is accepted by schools and
126	126	school districts.
127	127	(b) The Texas Education Agency shall develop the form
128	128	required by Section 35.005 and make that form available on the
129	129	agency's Internet website.
130	130	SECTION 2. Section 25.001(b), Education Code, is amended to
131	131	read as follows:
132	132	(b) The board of trustees of a school district or its
133	133	designee shall admit into the public schools of the district free of
134	134	tuition a person who is over five and younger than 21 years of age on
135	135	the first day of September of the school year in which admission is
136	136	sought, and may admit a person who is at least 21 years of age and
137	137	under 26 years of age for the purpose of completing the requirements
138	138	for a high school diploma, if:
139	139	(1) the person and either parent of the person reside
140	140	in the school district;
141	141	(2) the person does not reside in the school district
142	142	but a parent of the person resides in the school district and that
143	143	parent is a joint managing conservator or the sole managing
144	144	conservator or possessory conservator of the person;
145	145	(3) the person and the person's guardian or other
146	146	person having lawful control of the person under a court order
147	147	reside within the school district;
148	148	(4) the person has established a separate residence
149	149	under Subsection (d);
150	150	(5) the person is homeless, as defined by 42 U.S.C.
151	151	Section 11302, regardless of the residence of the person, of either
152	152	parent of the person, or of the person's guardian or other person
153	153	having lawful control of the person;
154	154	(6) the person is a foreign exchange student placed
155	155	with a host family that resides in the school district by a
156	156	nationally recognized foreign exchange program, unless the school
157	157	district has applied for and been granted a waiver by the
158	158	commissioner under Subsection (e);
159	159	(7) the person resides at a residential facility
160	160	located in the district;
161	161	(8) the person resides in the school district and is 18
162	162	years of age or older or the person's disabilities of minority have
163	163	been removed; [or]
164	164	(9) the person does not reside in the school district
165	165	but the grandparent of the person:
166	166	(A) resides in the school district; and
167	167	(B) provides a substantial amount of
168	168	after-school care for the person as determined by the board; or
169	169	(10) the person lives with a relative who submits to
170	170	the district a caregiver's authorization affidavit executed under
171	171	Chapter 35, Family Code.
172	172	SECTION 3. Section 25.002(f), Education Code, is amended to
173	173	read as follows:
174	174	(f) [Except as otherwise provided by this subsection, for a
175	175	child to be enrolled in a public school, the child must be enrolled
176	176	by the child's parent or by the child's guardian or other person
177	177	with legal control of the child under a court order.] A school
178	178	district shall record the name, address, and date of birth of the
179	179	person enrolling a child.
180	180	SECTION 4. Section 26.002, Education Code, is amended to
181	181	read as follows:
182	182	Sec. 26.002. DEFINITION. In this chapter, "parent"
183	183	includes a person standing in parental relation. The term includes
184	184	a relative who submits a caregiver's authorization affidavit
185	185	executed under Chapter 35, Family Code. The term does not include a
186	186	person as to whom the parent-child relationship has been terminated
187	187	or a person not entitled to possession of or access to a child under
188	188	a court order. Except as provided by federal law, all rights of a
189	189	parent under Title 2 of this code and all educational rights under
190	190	Section 151.001(a)(10) [151.003(a)(10)], Family Code, shall be
191	191	exercised by a student who is 18 years of age or older or whose
192	192	disabilities of minority have been removed for general purposes
193	193	under Chapter 31, Family Code, unless the student has been
194	194	determined to be incompetent or the student's rights have been
195	195	otherwise restricted by a court order.
196	196	SECTION 5. Sections 25.001, 25.002, and 26.002, Education
197	197	Code, as amended by this Act, apply beginning with the 2011-2012
198	198	school year.
199	199	SECTION 6. This Act takes effect immediately if it receives
200	200	a vote of two-thirds of all the members elected to each house, as
201	201	provided by Section 39, Article III, Texas Constitution. If this
202	202	Act does not receive the vote necessary for immediate effect, this
203	203	Act takes effect September 1, 2011.