By: West S.B. No. 717
(Naishtat)
A BILL TO BE ENTITLED
AN ACT
relating to consent by a minor to housing or care provided through a
transitional living program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 32, Family Code, is
amended by adding Section 32.203 to read as follows:
Sec. 32.203. CONSENT BY MINOR TO HOUSING OR CARE PROVIDED
THROUGH TRANSITIONAL LIVING PROGRAM. (a) In this section,
"transitional living program" means a residential services program
for children provided in a residential child-care facility licensed
or certified by the Department of Family and Protective Services
under Chapter 42, Human Resources Code, that:
(1) is designed to provide basic life skills training
and the opportunity to practice those skills, with a goal of basic
life skills development toward independent living; and
(2) is not an independent living program.
(b) A minor may consent to housing or care provided to the
minor or the minor's child or children, if any, through a
transitional living program if the minor is:
(1) 16 years of age or older and:
(A) resides separate and apart from the minor's
parent, managing conservator, or guardian, regardless of whether
the parent, managing conservator, or guardian consents to the
residence and regardless of the duration of the residence; and
(B) manages the minor's own financial affairs,
regardless of the source of income; or
(2) unmarried and is pregnant or is the parent of a
child.
(c) Consent by a minor to housing or care under this section
is not subject to disaffirmance because of minority.
(d) A transitional living program may, with or without the
consent of the parent, managing conservator, or guardian, provide
housing or care to the minor or the minor's child or children.
(e) A transitional living program must attempt to notify the
minor's parent, managing conservator, or guardian regarding the
minor's location.
(f) A transitional living program is not liable for
providing housing or care to the minor or the minor's child or
children if the minor consents as provided by this section, except
that the program is liable for the program's own acts of negligence.
(g) A transitional living program may rely on a minor's
written statement containing the grounds on which the minor has
capacity to consent to housing or care provided through the
program.
(h) To the extent of any conflict between this section and
Section 32.003, Section 32.003 prevails.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.