Texas 2011 - 82nd Regular

Texas Senate Bill SB482 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Harris S.B. No. 482
2	2	(Jackson)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorization agreements between parents and nonparent
8	8	relatives of a child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 34, Family Code, is amended by adding
11	11	Section 34.0015 to read as follows:
12	12	Sec. 34.0015. DEFINITION. In this chapter, "parent" has
13	13	the meaning assigned by Section 101.024.
14	14	SECTION 2. Section 34.002, Family Code, is amended by
15	15	adding Subsection (d) to read as follows:
16	16	(d) Only one authorization agreement may be in effect for a
17	17	child at any time. An authorization agreement is void if it is
18	18	executed while a prior authorization agreement remains in effect.
19	19	SECTION 3. Section 34.003, Family Code, is amended to read
20	20	as follows:
21	21	Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
22	22	authorization agreement must contain:
23	23	(1) the following information from the relative of the
24	24	child to whom the parent is giving authorization:
25	25	(A) the name and signature of the relative;
26	26	(B) the relative's relationship to the child; and
27	27	(C) the relative's current physical address and
28	28	telephone number or the best way to contact the relative;
29	29	(2) the following information from the parent:
30	30	(A) the name and signature of the parent; and
31	31	(B) the parent's current address and telephone
32	32	number or the best way to contact the parent;
33	33	(3) the information in Subdivision (2) with respect to
34	34	the other parent, if applicable;
35	35	(4) a statement that the relative has been given
36	36	authorization to perform the functions listed in Section 34.002(a)
37	37	as a result of a voluntary action of the parent and that the
38	38	relative has voluntarily assumed the responsibility of performing
39	39	those functions;
40	40	(5) statements that neither the parent nor the
41	41	relative has knowledge that a parent, guardian, custodian, licensed
42	42	child-placing agency, or other authorized agency asserts any claim
43	43	or authority inconsistent with the authorization agreement under
44	44	this chapter with regard to actual physical possession or care,
45	45	custody, or control of the child;
46	46	(6) statements that:
47	47	(A) to the best of the parent's and relative's
48	48	knowledge:
49	49	(i) there is no court order or pending suit
50	50	affecting the parent-child relationship concerning the child;
51	51	(ii) there is no pending litigation in any
52	52	court concerning:
53	53	(a) custody, possession, or placement
54	54	of the child; or
55	55	(b) access to or visitation with the
56	56	child; and
57	57	(iii) the court does not have continuing
58	58	jurisdiction concerning the child; or
59	59	(B) the court with continuing jurisdiction
60	60	concerning the child has given written approval for the execution
61	61	of the authorization agreement accompanied by the following
62	62	information:
63	63	(i) the county in which the court is
64	64	located;
65	65	(ii) the number of the court; and
66	66	(iii) the cause number in which the order
67	67	was issued or the litigation is pending;
68	68	(7) a statement that to the best of the parent's and
69	69	relative's knowledge there is no current, valid authorization
70	70	agreement regarding the child;
71	71	(8) a statement that the authorization is made in
72	72	conformance with this chapter;
73	73	(9) [(8)] a statement that the parent and the relative
74	74	understand that each party to the authorization agreement is
75	75	required by law to immediately provide to each other party
76	76	information regarding any change in the party's address or contact
77	77	information;
78	78	(10) [(9)] a statement by the parent that establishes
79	79	the circumstances under which the authorization agreement expires,
80	80	including that the authorization agreement:
81	81	(A) is valid until revoked;
82	82	(B) continues in effect after the death or during
83	83	any incapacity of the parent; or
84	84	(C) expires on a date stated in the authorization
85	85	agreement; and
86	86	(11) [(10)] space for the signature and seal of a
87	87	notary public.
88	88	(b) The authorization agreement must contain the following
89	89	warnings and disclosures:
90	90	(1) that the authorization agreement is an important
91	91	legal document;
92	92	(2) that the parent and the relative must read all of
93	93	the warnings and disclosures before signing the authorization
94	94	agreement;
95	95	(3) that the persons signing the authorization
96	96	agreement are not required to consult an attorney but are advised to
97	97	do so;
98	98	(4) that the parent's rights as a parent may be
99	99	adversely affected by placing or leaving the parent's child with
100	100	another person;
101	101	(5) that the authorization agreement does not confer
102	102	on the relative the rights of a managing or possessory conservator
103	103	or legal guardian;
104	104	(6) that a parent who is a party to the authorization
105	105	agreement may terminate the authorization agreement and resume
106	106	custody, possession, care, and control of the child on demand and
107	107	that at any time the parent may request the return of the child;
108	108	(7) that failure by the relative to return the child to
109	109	the parent immediately on request may have criminal and civil
110	110	consequences;
111	111	(8) that, under other applicable law, the relative may
112	112	be liable for certain expenses relating to the child in the
113	113	relative's care but that the parent still retains the parental
114	114	obligation to support the child;
115	115	(9) that, in certain circumstances, the authorization
116	116	agreement may not be entered into without written permission of the
117	117	court;
118	118	(10) that the authorization agreement may be
119	119	terminated by certain court orders affecting the child;
120	120	(11) that the authorization agreement does not
121	121	supersede, invalidate, or terminate any prior authorization
122	122	agreement regarding the child;
123	123	(12) that the authorization agreement is void if a
124	124	prior authorization agreement regarding the child is in effect and
125	125	has not expired or been terminated;
126	126	(13) that, except as provided by Section 34.005(a-1),
127	127	the authorization agreement is void unless:
128	128	(A) the parties mail a copy of the authorization
129	129	agreement by certified mail, return receipt requested, or
130	130	international registered mail, return receipt requested, as
131	131	applicable, to a parent who was not a party to the authorization
132	132	agreement, if the parent is living and the parent's parental rights
133	133	have not been terminated, not later than the 10th day after the date
134	134	the authorization agreement is signed; and
135	135	(B) if the parties do not receive a response from
136	136	the parent who is not a party to the authorization agreement before
137	137	the 20th day after the date the copy of the authorization agreement
138	138	is mailed under Paragraph (A), the parties mail a second copy of the
139	139	authorization agreement by first class mail or international first
140	140	class mail, as applicable, to the parent not later than the 45th day
141	141	after the date the authorization agreement is signed; and
142	142	(14) [(12)] that the authorization agreement does not
143	143	confer on a relative of the child the right to authorize the
144	144	performance of an abortion on the child or the administration of
145	145	emergency contraception to the child.
146	146	SECTION 4. Section 34.005, Family Code, is amended by
147	147	amending Subsection (a) and adding Subsection (a-1) to read as
148	148	follows:
149	149	(a) If both parents did not sign the authorization
150	150	agreement, the parties shall mail a copy of the executed
151	151	authorization agreement by certified mail, return receipt
152	152	requested, or international registered mail, return receipt
153	153	requested, as applicable, to the parent who was not a party to the
154	154	authorization agreement at the parent's last known address not
155	155	later than the 10th day after the date the authorization agreement
156	156	is executed if that parent is living and that parent's parental
157	157	rights have not been terminated. If the parties do not receive a
158	158	response from the parent who is not a party to the authorization
159	159	agreement before the 20th day after the date the copy of the
160	160	authorization agreement is mailed, the parties shall mail a second
161	161	copy of the executed authorization agreement by first class mail or
162	162	international first class mail, as applicable, to the parent at the
163	163	same address not later than the 45th day after the date the
164	164	authorization agreement is executed. An authorization agreement is
165	165	void if the parties fail to comply with this subsection.
166	166	(a-1) Subsection (a) does not apply to an authorization
167	167	agreement if the parent who was not a party to the authorization
168	168	agreement:
169	169	(1) does not have court-ordered possession of or
170	170	access to the child who is the subject of the authorization
171	171	agreement; and
172	172	(2) has previously committed an act of family
173	173	violence, as defined by Section 71.004, or assault against the
174	174	parent who is a party to the authorization agreement, the child who
175	175	is the subject of the authorization agreement, or another child of
176	176	the parent who is a party to the authorization agreement, as
177	177	documented by one or more of the following:
178	178	(A) the issuance of a protective order against
179	179	the parent who was not a party to the authorization agreement as
180	180	provided under Chapter 85 or under a similar law of another state;
181	181	or
182	182	(B) the conviction of the parent who was not a
183	183	party to the authorization agreement of an offense under Title 5,
184	184	Penal Code, or of another criminal offense in this state or in
185	185	another state an element of which involves a violent act or
186	186	prohibited sexual conduct.
187	187	SECTION 5. Section 34.008, Family Code, is amended by
188	188	adding Subsection (f) to read as follows:
189	189	(f) Execution of a subsequent authorization agreement does
190	190	not by itself supersede, invalidate, or terminate a prior
191	191	authorization agreement.
192	192	SECTION 6. (a) Except as provided by Subsections (b) and
193	193	(c) of this section, the changes in law made by this Act apply only
194	194	to an authorization agreement executed on or after the effective
195	195	date of this Act. An authorization agreement executed before that
196	196	date is governed by the law in effect on the date the authorization
197	197	agreement was executed, and the former law is continued in effect
198	198	for that purpose.
199	199	(b) Subsection (d), Section 34.002, Family Code, as added by
200	200	this Act, applies to an authorization agreement under Chapter 34,
201	201	Family Code, regardless of whether the agreement was executed
202	202	before, on, or after the effective date of this Act.
203	203	(c) Notwithstanding Subsection (b) of this section, if, on
204	204	the effective date of this Act, more than one valid authorization
205	205	agreement is in effect for a child, each authorization agreement
206	206	remains in effect, under the law as it existed immediately before
207	207	the effective date of this Act, until August 31, 2012, or until the
208	208	date the authorization agreement is terminated, whichever date is
209	209	earlier. If, on September 1, 2012, more than one valid
210	210	authorization agreement remains in effect for a child, the most
211	211	recently executed authorization agreement controls, and all
212	212	authorization agreements executed before that agreement are
213	213	considered terminated.
214	214	SECTION 7. This Act takes effect September 1, 2011.