Texas 2013 - 83rd Regular

Texas House Bill HB454 Compare Versions

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1	1	83R22891 JSC-D
2	2	By: Dukes, Guillen, Miles H.B. No. 454
3	3	Substitute the following for H.B. No. 454:
4	4	By: Farney C.S.H.B. No. 454
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 caregiver made a reasonably diligent effort
26	26	but was unable to locate or contact the child's parent or legal
27	27	guardian for authorization.
28	28	(b) The affidavit must be witnessed by two witnesses who are
29	29	at least 18 years of age or older and at least one of whom is not
30	30	related by blood or marriage to the child or the caregiver.
31	31	(c) The completed affidavit must be notarized.
32	32	Sec. 35.003. RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a)
33	33	A caregiver may provide the affidavit under this chapter to a school
34	34	or school district to enroll the child in school.
35	35	(b) If the child no longer resides with the caregiver or if
36	36	the child's parent or guardian objects to the caregiver's
37	37	authorization, the affidavit is invalid and the caregiver shall
38	38	notify all parties to whom the caregiver provided the affidavit,
39	39	including the child's school.
40	40	Sec. 35.004. EFFECT OF AFFIDAVIT. (a) A person who relies
41	41	on an affidavit that complies with this chapter has no obligation to
42	42	make any further inquiry or investigation.
43	43	(b) The caregiver's authorization affidavit does not affect
44	44	the rights of the child's parent or legal guardian regarding the
45	45	care, custody, and control of the child and does not mean that the
46	46	caregiver has legal custody of the child.
47	47	(c) A caregiver's authorization affidavit executed under
48	48	this chapter does not confer or affect standing or a right of
49	49	intervention in any proceeding under Title 5.
50	50	Sec. 35.005. FORM OF AFFIDAVIT. The caregiver's
51	51	authorization affidavit must be in substantially the following
52	52	form:
53	53	Caregiver's Authorization Affidavit
54	54	Use of this affidavit is authorized by Chapter 35, Family
55	55	Code.
56	56	Instructions: Completion of and the signing of the affidavit
57	57	are sufficient to authorize enrollment of a child in school. Print
58	58	clearly.
59	59	The child named below lives in my home and I am 18 years of age
60	60	or older.
61	61	1. Name of child: ______________________________.
62	62	2. Child's birth date: __________________________.
63	63	3. My name (adult giving authorization): _____________.
64	64	4. My home address: _________________________
65	65	____________________________
66	66	____________________________.
67	67	5. ( ) I am a grandparent, aunt, uncle, or other qualified
68	68	relative of the child (see portion of this form that provides
69	69	definition of "qualified relative").
70	70	6. ( ) I have made a reasonably diligent effort but am
71	71	unable to locate or contact the parent(s) or other person(s) having
72	72	legal custody of the child at this time to notify them of my
73	73	intended authorization.
74	74	7. My date of birth: _________________________________.
75	75	8. My Texas driver's license or identification card number,
76	76	or other form of identification (specify):
77	77	______________________________________________________.
78	78	Warning: Do not sign this form if any of the statements above
79	79	are incorrect, or you will be committing a crime punishable by a
80	80	fine, imprisonment, or both.
81	81	I declare under penalty of perjury under the laws of the State
82	82	of Texas that the foregoing is true and correct.
83	83	Dated: _______________________
84	84	Signed: _________________________
85	85	Witnesses:
86	86	I am 18 years of age or older and I am not related to the
87	87	child, the parents of the child, or the caregiver by blood or
88	88	marriage.
89	89	Signature: _____________________________
90	90	Printed Name: ___________________________
91	91	Date: ________________________
92	92	I am 18 years of age or older.
93	93	Signature: _____________________________
94	94	Printed Name: ___________________________
95	95	Date: ________________________
96	96	Notary:
97	97	State of _____________________________
98	98	County of _____________________________
99	99	Subscribed and sworn to before me, a notary public, by
100	100	___________________ this _______ day of _______________, 2______.
101	101	Printed Name of Notary: _____________________________
102	102	Commission Expires: _____________________________
103	103	Notices:
104	104	1. This declaration does not affect the rights of the
105	105	child's parents or legal guardian regarding the care, custody, and
106	106	control of the child, and does not mean that the caregiver has legal
107	107	custody of the child.
108	108	2. A person who relies on this affidavit has no obligation
109	109	to make any further inquiry or investigation.
110	110	Additional Information:
111	111	TO CAREGIVERS:
112	112	1. "Qualified relative," for purposes of item 5 of the
113	113	affidavit, means a person related to the child by consanguinity or
114	114	affinity (blood, marriage, or adoption).
115	115	2. If the child no longer resides with you, or if the child's
116	116	parent or guardian objects to this authorization, you are required
117	117	to notify any school to which you have given this affidavit. The
118	118	affidavit is invalid after the school receives notice.
119	119	TO SCHOOL OFFICIALS:
120	120	1. Section 25.001, Education Code, provides that this
121	121	affidavit constitutes a sufficient basis for a determination of
122	122	residency of the child, without the requirement of a guardianship
123	123	or other custody order, unless the school district determines from
124	124	actual facts that the child is not living with the caregiver.
125	125	2. The school district may require additional reasonable
126	126	evidence that the caregiver lives at the address provided in item 4
127	127	of the affidavit.
128	128	Sec. 35.006. RULES. (a) The commissioner of education
129	129	shall adopt rules to implement this chapter and to ensure that the
130	130	caregiver's authorization affidavit is accepted by schools and
131	131	school districts.
132	132	(b) The Texas Education Agency shall develop the form
133	133	required by Section 35.005 and make that form available on the
134	134	agency's Internet website.
135	135	SECTION 2. Section 25.001(b), Education Code, is amended to
136	136	read as follows:
137	137	(b) The board of trustees of a school district or its
138	138	designee shall admit into the public schools of the district free of
139	139	tuition a person who is over five and younger than 21 years of age on
140	140	the first day of September of the school year in which admission is
141	141	sought, and may admit a person who is at least 21 years of age and
142	142	under 26 years of age for the purpose of completing the requirements
143	143	for a high school diploma, if:
144	144	(1) the person and either parent of the person reside
145	145	in the school district;
146	146	(2) the person does not reside in the school district
147	147	but a parent of the person resides in the school district and that
148	148	parent is a joint managing conservator or the sole managing
149	149	conservator or possessory conservator of the person;
150	150	(3) the person and the person's guardian or other
151	151	person having lawful control of the person under a court order
152	152	reside within the school district;
153	153	(4) the person has established a separate residence
154	154	under Subsection (d);
155	155	(5) the person is homeless, as defined by 42 U.S.C.
156	156	Section 11302, regardless of the residence of the person, of either
157	157	parent of the person, or of the person's guardian or other person
158	158	having lawful control of the person;
159	159	(6) the person is a foreign exchange student placed
160	160	with a host family that resides in the school district by a
161	161	nationally recognized foreign exchange program, unless the school
162	162	district has applied for and been granted a waiver by the
163	163	commissioner under Subsection (e);
164	164	(7) the person resides at a residential facility
165	165	located in the district;
166	166	(8) the person resides in the school district and is 18
167	167	years of age or older or the person's disabilities of minority have
168	168	been removed; [or]
169	169	(9) the person does not reside in the school district
170	170	but the grandparent of the person:
171	171	(A) resides in the school district; and
172	172	(B) provides a substantial amount of
173	173	after-school care for the person as determined by the board; or
174	174	(10) the person lives with a relative who resides in
175	175	the school district and submits to the district an authorization
176	176	agreement executed under Chapter 34, Family Code, or a caregiver's
177	177	authorization affidavit executed under Chapter 35, Family Code.
178	178	SECTION 3. Section 25.002(f), Education Code, is amended to
179	179	read as follows:
180	180	(f) [Except as otherwise provided by this subsection, for a
181	181	child to be enrolled in a public school, the child must be enrolled
182	182	by the child's parent or by the child's guardian or other person
183	183	with legal control of the child under a court order.] A school
184	184	district shall record the name, address, and date of birth of the
185	185	person enrolling a child.
186	186	SECTION 4. Section 26.002, Education Code, is amended to
187	187	read as follows:
188	188	Sec. 26.002. DEFINITION. In this chapter, "parent"
189	189	includes a person standing in parental relation. The term includes
190	190	a relative with whom the child resides and who is authorized to
191	191	enroll the child in school pursuant to an authorization agreement
192	192	executed under Chapter 34, Family Code, or a caregiver's
193	193	authorization affidavit executed under Chapter 35, Family Code.
194	194	The term does not include a person as to whom the parent-child
195	195	relationship has been terminated or a person not entitled to
196	196	possession of or access to a child under a court order. Except as
197	197	provided by federal law, all rights of a parent under Title 2 of
198	198	this code and all educational rights under Section 151.001(a)(10)
199	199	[151.003(a)(10)], Family Code, shall be exercised by a student who
200	200	is 18 years of age or older or whose disabilities of minority have
201	201	been removed for general purposes under Chapter 31, Family Code,
202	202	unless the student has been determined to be incompetent or the
203	203	student's rights have been otherwise restricted by a court order.
204	204	SECTION 5. Sections 25.001, 25.002, and 26.002, Education
205	205	Code, as amended by this Act, apply beginning with the 2013-2014
206	206	school year.
207	207	SECTION 6. This Act takes effect immediately if it receives
208	208	a vote of two-thirds of all the members elected to each house, as
209	209	provided by Section 39, Article III, Texas Constitution. If this
210	210	Act does not receive the vote necessary for immediate effect, this
211	211	Act takes effect September 1, 2013.