S.B. No. 482
AN ACT
relating to authorization agreements between parents and nonparent
relatives of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 34, Family Code, is amended by adding
Section 34.0015 to read as follows:
Sec. 34.0015. DEFINITION. In this chapter, "parent" has
the meaning assigned by Section 101.024.
SECTION 2. Section 34.002, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) Only one authorization agreement may be in effect for a
child at any time. An authorization agreement is void if it is
executed while a prior authorization agreement remains in effect.
SECTION 3. Section 34.003, Family Code, is amended to read
as follows:
Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
authorization agreement must contain:
(1) the following information from the relative of the
child to whom the parent is giving authorization:
(A) the name and signature of the relative;
(B) the relative's relationship to the child; and
(C) the relative's current physical address and
telephone number or the best way to contact the relative;
(2) the following information from the parent:
(A) the name and signature of the parent; and
(B) the parent's current address and telephone
number or the best way to contact the parent;
(3) the information in Subdivision (2) with respect to
the other parent, if applicable;
(4) a statement that the relative has been given
authorization to perform the functions listed in Section 34.002(a)
as a result of a voluntary action of the parent and that the
relative has voluntarily assumed the responsibility of performing
those functions;
(5) statements that neither the parent nor the
relative has knowledge that a parent, guardian, custodian, licensed
child-placing agency, or other authorized agency asserts any claim
or authority inconsistent with the authorization agreement under
this chapter with regard to actual physical possession or care,
custody, or control of the child;
(6) statements that:
(A) to the best of the parent's and relative's
knowledge:
(i) there is no court order or pending suit
affecting the parent-child relationship concerning the child;
(ii) there is no pending litigation in any
court concerning:
(a) custody, possession, or placement
of the child; or
(b) access to or visitation with the
child; and
(iii) the court does not have continuing
jurisdiction concerning the child; or
(B) the court with continuing jurisdiction
concerning the child has given written approval for the execution
of the authorization agreement accompanied by the following
information:
(i) the county in which the court is
located;
(ii) the number of the court; and
(iii) the cause number in which the order
was issued or the litigation is pending;
(7) a statement that to the best of the parent's and
relative's knowledge there is no current, valid authorization
agreement regarding the child;
(8) a statement that the authorization is made in
conformance with this chapter;
(9) [(8)] a statement that the parent and the relative
understand that each party to the authorization agreement is
required by law to immediately provide to each other party
information regarding any change in the party's address or contact
information;
(10) [(9)] a statement by the parent that establishes
the circumstances under which the authorization agreement expires,
including that the authorization agreement:
(A) is valid until revoked;
(B) continues in effect after the death or during
any incapacity of the parent; or
(C) expires on a date stated in the authorization
agreement; and
(11) [(10)] space for the signature and seal of a
notary public.
(b) The authorization agreement must contain the following
warnings and disclosures:
(1) that the authorization agreement is an important
legal document;
(2) that the parent and the relative must read all of
the warnings and disclosures before signing the authorization
agreement;
(3) that the persons signing the authorization
agreement are not required to consult an attorney but are advised to
do so;
(4) that the parent's rights as a parent may be
adversely affected by placing or leaving the parent's child with
another person;
(5) that the authorization agreement does not confer
on the relative the rights of a managing or possessory conservator
or legal guardian;
(6) that a parent who is a party to the authorization
agreement may terminate the authorization agreement and resume
custody, possession, care, and control of the child on demand and
that at any time the parent may request the return of the child;
(7) that failure by the relative to return the child to
the parent immediately on request may have criminal and civil
consequences;
(8) that, under other applicable law, the relative may
be liable for certain expenses relating to the child in the
relative's care but that the parent still retains the parental
obligation to support the child;
(9) that, in certain circumstances, the authorization
agreement may not be entered into without written permission of the
court;
(10) that the authorization agreement may be
terminated by certain court orders affecting the child;
(11) that the authorization agreement does not
supersede, invalidate, or terminate any prior authorization
agreement regarding the child;
(12) that the authorization agreement is void if a
prior authorization agreement regarding the child is in effect and
has not expired or been terminated;
(13) that, except as provided by Section 34.005(a-1),
the authorization agreement is void unless:
(A) the parties mail a copy of the authorization
agreement by certified mail, return receipt requested, or
international registered mail, return receipt requested, as
applicable, to a parent who was not a party to the authorization
agreement, if the parent is living and the parent's parental rights
have not been terminated, not later than the 10th day after the date
the authorization agreement is signed; and
(B) if the parties do not receive a response from
the parent who is not a party to the authorization agreement before
the 20th day after the date the copy of the authorization agreement
is mailed under Paragraph (A), the parties mail a second copy of the
authorization agreement by first class mail or international first
class mail, as applicable, to the parent not later than the 45th day
after the date the authorization agreement is signed; and
(14) [(12)] that the authorization agreement does not
confer on a relative of the child the right to authorize the
performance of an abortion on the child or the administration of
emergency contraception to the child.
SECTION 4. Section 34.005, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If both parents did not sign the authorization
agreement, the parties shall mail a copy of the executed
authorization agreement by certified mail, return receipt
requested, or international registered mail, return receipt
requested, as applicable, to the parent who was not a party to the
authorization agreement at the parent's last known address not
later than the 10th day after the date the authorization agreement
is executed if that parent is living and that parent's parental
rights have not been terminated. If the parties do not receive a
response from the parent who is not a party to the authorization
agreement before the 20th day after the date the copy of the
authorization agreement is mailed, the parties shall mail a second
copy of the executed authorization agreement by first class mail or
international first class mail, as applicable, to the parent at the
same address not later than the 45th day after the date the
authorization agreement is executed. An authorization agreement is
void if the parties fail to comply with this subsection.
(a-1) Subsection (a) does not apply to an authorization
agreement if the parent who was not a party to the authorization
agreement:
(1) does not have court-ordered possession of or
access to the child who is the subject of the authorization
agreement; and
(2) has previously committed an act of family
violence, as defined by Section 71.004, or assault against the
parent who is a party to the authorization agreement, the child who
is the subject of the authorization agreement, or another child of
the parent who is a party to the authorization agreement, as
documented by one or more of the following:
(A) the issuance of a protective order against
the parent who was not a party to the authorization agreement as
provided under Chapter 85 or under a similar law of another state;
or
(B) the conviction of the parent who was not a
party to the authorization agreement of an offense under Title 5,
Penal Code, or of another criminal offense in this state or in
another state an element of which involves a violent act or
prohibited sexual conduct.
SECTION 5. Section 34.008, Family Code, is amended by
adding Subsection (f) to read as follows:
(f) Execution of a subsequent authorization agreement does
not by itself supersede, invalidate, or terminate a prior
authorization agreement.
SECTION 6. (a) Except as provided by Subsections (b) and
(c) of this section, the changes in law made by this Act apply only
to an authorization agreement executed on or after the effective
date of this Act. An authorization agreement executed before that
date is governed by the law in effect on the date the authorization
agreement was executed, and the former law is continued in effect
for that purpose.
(b) Subsection (d), Section 34.002, Family Code, as added by
this Act, applies to an authorization agreement under Chapter 34,
Family Code, regardless of whether the agreement was executed
before, on, or after the effective date of this Act.
(c) Notwithstanding Subsection (b) of this section, if, on
the effective date of this Act, more than one valid authorization
agreement is in effect for a child, each authorization agreement
remains in effect, under the law as it existed immediately before
the effective date of this Act, until August 31, 2012, or until the
date the authorization agreement is terminated, whichever date is
earlier. If, on September 1, 2012, more than one valid
authorization agreement remains in effect for a child, the most
recently executed authorization agreement controls, and all
authorization agreements executed before that agreement are
considered terminated.
SECTION 7. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 482 passed the Senate on
March 31, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 482 passed the House on
May 23, 2011, by the following vote: Yeas 142, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor