Texas 2015 - 84th Regular

Texas House Bill HB1391 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R16456 MK-D
2	2	By: Burkett, et al. H.B. No. 1391
3	3	Substitute the following for H.B. No. 1391:
4	4	By: Dutton C.S.H.B. No. 1391
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to appointment of a nonparent as managing conservator of a
10	10	child.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter E, Chapter 263, Family Code, is
13	13	amended by adding Section 263.408 to read as follows:
14	14	Sec. 263.408. REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS
15	15	MANAGING CONSERVATOR. (a) In a suit in which the court appoints a
16	16	nonparent as managing conservator of a child:
17	17	(1) the department must provide the nonparent with an
18	18	explanation of the differences between appointment as a managing
19	19	conservator of a child and adoption of a child, including specific
20	20	statements informing the nonparent that:
21	21	(A) the nonparent's appointment conveys only the
22	22	rights specified by the court order or applicable laws instead of
23	23	the complete rights of a parent conveyed by adoption;
24	24	(B) a parent may be entitled to request
25	25	visitation with the child or petition the court to appoint the
26	26	parent as the child's managing conservator, notwithstanding the
27	27	nonparent's appointment as managing conservator; and
28	28	(C) the nonparent's appointment as the child's
29	29	managing conservator will not result in the eligibility of the
30	30	nonparent and child for postadoption benefits; and
31	31	(2) in addition to the rights and duties provided
32	32	under Section 153.371, the court order appointing the nonparent as
33	33	managing conservator must include provisions that address the
34	34	authority of the nonparent to:
35	35	(A) authorize immunization of the child or any
36	36	other medical treatment that requires parental consent;
37	37	(B) obtain and maintain health insurance
38	38	coverage for the child and automobile insurance coverage for the
39	39	child, if appropriate;
40	40	(C) enroll the child in a day-care program or
41	41	school, including prekindergarten;
42	42	(D) authorize the child to participate in
43	43	school-related or extracurricular or social activities, including
44	44	athletic activities;
45	45	(E) authorize the child to obtain a learner's
46	46	permit, driver's license, or state-issued identification card;
47	47	(F) authorize employment of the child;
48	48	(G) apply for and receive public benefits for or
49	49	on behalf of the child; and
50	50	(H) obtain legal services for the child and
51	51	execute contracts or other legal documents for the child.
52	52	(b) The court must require evidence that the nonparent was
53	53	informed of the rights and duties of a nonparent appointed as
54	54	managing conservator of a child before the court renders an order
55	55	appointing the nonparent as managing conservator of a child.
56	56	SECTION 2. Section 263.408, Family Code, as added by this
57	57	Act, applies to a suit affecting the parent-child relationship that
58	58	is pending in a trial court on or filed on or after the effective
59	59	date of this Act.
60	60	SECTION 3. This Act takes effect September 1, 2015.