Texas 2011 - 82nd Regular

Texas House Bill HB841 Compare Versions

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1	1	By: Gonzalez (Senate Sponsor - Harris) H.B. No. 841
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Jurisprudence; May 5, 2011, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; May 5, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to certain statutory references to the Department of
11	11	Family and Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 33.003(f), Family Code, is amended to
14	14	read as follows:
15	15	(f) The court may appoint to serve as guardian ad litem:
16	16	(1) a person who may consent to treatment for the minor
17	17	under Sections 32.001(a)(1)-(3);
18	18	(2) a psychiatrist or an individual licensed or
19	19	certified as a psychologist under Chapter 501, Occupations Code;
20	20	(3) an appropriate employee of the Department of
21	21	Family and Protective [and Regulatory] Services;
22	22	(4) a member of the clergy; or
23	23	(5) another appropriate person selected by the court.
24	24	SECTION 2. Section 33.008, Family Code, is amended to read
25	25	as follows:
26	26	Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR;
27	27	INVESTIGATION AND ASSISTANCE. (a) A physician who has reason to
28	28	believe that a minor has been or may be physically or sexually
29	29	abused by a person responsible for the minor's care, custody, or
30	30	welfare, as that term is defined by Section 261.001, shall
31	31	immediately report the suspected abuse to the Department of Family
32	32	and Protective [and Regulatory] Services and shall refer the minor
33	33	to the department for services or intervention that may be in the
34	34	best interest of the minor.
35	35	(b) The Department of Family and Protective [and
36	36	Regulatory] Services shall investigate suspected abuse reported
37	37	under this section and, if appropriate, shall assist the minor in
38	38	making an application with a court under Section 33.003.
39	39	SECTION 3. Section 51.095(d), Family Code, is amended to
40	40	read as follows:
41	41	(d) Subsections (a)(1) and (a)(5) apply to the statement of
42	42	a child made:
43	43	(1) while the child is in a detention facility or other
44	44	place of confinement;
45	45	(2) while the child is in the custody of an officer; or
46	46	(3) during or after the interrogation of the child by
47	47	an officer if the child is in the possession of the Department of
48	48	Family and Protective [and Regulatory] Services and is suspected to
49	49	have engaged in conduct that violates a penal law of this state.
50	50	SECTION 4. Section 81.005(a), Family Code, is amended to
51	51	read as follows:
52	52	(a) The court may assess reasonable attorney's fees against
53	53	the party found to have committed family violence or a party against
54	54	whom an agreed protective order is rendered under Section 85.005 as
55	55	compensation for the services of a private or prosecuting attorney
56	56	or an attorney employed by the Department of Family and Protective
57	57	[and Regulatory] Services.
58	58	SECTION 5. Section 81.006, Family Code, is amended to read
59	59	as follows:
60	60	Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees
61	61	collected under this chapter as compensation for the fees:
62	62	(1) of a private attorney shall be paid to the private
63	63	attorney who may enforce the order for fees in the attorney's own
64	64	name;
65	65	(2) of a prosecuting attorney shall be paid to the
66	66	credit of the county fund from which the salaries of the employees
67	67	of the prosecuting attorney are paid or supplemented; and
68	68	(3) of an attorney employed by the Department of
69	69	Family and Protective [and Regulatory] Services shall be deposited
70	70	in the general revenue fund to the credit of the Department of
71	71	Family and Protective [and Regulatory] Services.
72	72	SECTION 6. Section 81.0075, Family Code, is amended to read
73	73	as follows:
74	74	Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN
75	75	CERTAIN SUBSEQUENT ACTIONS. A prosecuting attorney who represents
76	76	a party in a proceeding under this subtitle is not precluded from
77	77	representing the Department of Family and Protective [and
78	78	Regulatory] Services in a subsequent action involving the party.
79	79	SECTION 7. Section 82.002(d), Family Code, is amended to
80	80	read as follows:
81	81	(d) In addition, an application may be filed for the
82	82	protection of any person alleged to be a victim of family violence
83	83	by:
84	84	(1) a prosecuting attorney; or
85	85	(2) the Department of Family and Protective [and
86	86	Regulatory] Services.
87	87	SECTION 8. Section 101.002, Family Code, is amended to read
88	88	as follows:
89	89	Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means
90	90	a public social agency authorized to care for children, including
91	91	the [Texas] Department of Family and Protective [and Regulatory]
92	92	Services.
93	93	SECTION 9. Section 101.017, Family Code, is amended to read
94	94	as follows:
95	95	Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
96	96	child placing agency" means a person, private association, or
97	97	corporation approved by the Department of Family and Protective
98	98	[and Regulatory] Services to place children for adoption through a
99	99	license, certification, or other means.
100	100	SECTION 10. Section 102.003(a), Family Code, is amended to
101	101	read as follows:
102	102	(a) An original suit may be filed at any time by:
103	103	(1) a parent of the child;
104	104	(2) the child through a representative authorized by
105	105	the court;
106	106	(3) a custodian or person having the right of
107	107	visitation with or access to the child appointed by an order of a
108	108	court of another state or country;
109	109	(4) a guardian of the person or of the estate of the
110	110	child;
111	111	(5) a governmental entity;
112	112	(6) an authorized agency;
113	113	(7) a licensed child placing agency;
114	114	(8) a man alleging himself to be the father of a child
115	115	filing in accordance with Chapter 160, subject to the limitations
116	116	of that chapter, but not otherwise;
117	117	(9) a person, other than a foster parent, who has had
118	118	actual care, control, and possession of the child for at least six
119	119	months ending not more than 90 days preceding the date of the filing
120	120	of the petition;
121	121	(10) a person designated as the managing conservator
122	122	in a revoked or unrevoked affidavit of relinquishment under Chapter
123	123	161 or to whom consent to adoption has been given in writing under
124	124	Chapter 162;
125	125	(11) a person with whom the child and the child's
126	126	guardian, managing conservator, or parent have resided for at least
127	127	six months ending not more than 90 days preceding the date of the
128	128	filing of the petition if the child's guardian, managing
129	129	conservator, or parent is deceased at the time of the filing of the
130	130	petition;
131	131	(12) a person who is the foster parent of a child
132	132	placed by the Department of Family and Protective [and Regulatory]
133	133	Services in the person's home for at least 12 months ending not more
134	134	than 90 days preceding the date of the filing of the petition;
135	135	(13) a person who is a relative of the child within the
136	136	third degree by consanguinity, as determined by Chapter 573,
137	137	Government Code, if the child's parents are deceased at the time of
138	138	the filing of the petition; or
139	139	(14) a person who has been named as a prospective
140	140	adoptive parent of a child by a pregnant woman or the parent of the
141	141	child, in a verified written statement to confer standing executed
142	142	under Section 102.0035, regardless of whether the child has been
143	143	born.
144	144	SECTION 11. This Act takes effect immediately if it
145	145	receives a vote of two-thirds of all the members elected to each
146	146	house, as provided by Section 39, Article III, Texas Constitution.
147	147	If this Act does not receive the vote necessary for immediate
148	148	effect, this Act takes effect September 1, 2011.
149	149	* * * * *