84R3444 KKA-D
By: West S.B. No. 314
A BILL TO BE ENTITLED
AN ACT
relating to appointment of a nonparent as managing conservator of a
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter G, Chapter 153, Family Code, is
amended by adding Sections 153.3722 and 153.3723 to read as
follows:
Sec. 153.3722. REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS
MANAGING CONSERVATOR. (a) In a suit in which the court appoints a
nonparent as managing conservator of a child:
(1) the court must provide the nonparent with an
explanation of the differences between appointment as a managing
conservator of a child and adoption of a child, including specific
statements informing the nonparent that:
(A) the nonparent's appointment conveys only the
rights specified by the court or applicable laws instead of the
complete rights of a parent conveyed by adoption;
(B) a parent may be entitled to request
visitation with the child or appointment of the parent as managing
conservator, notwithstanding the nonparent's appointment; and
(C) the nonparent's appointment will not result
in the eligibility of the nonparent and child for postadoption
benefits; and
(2) the court order appointing the nonparent as
managing conservator must include provisions that address the
authority of the nonparent to:
(A) authorize medical, dental, psychological, or
surgical treatment and immunization of the child or any other
treatment that requires parental consent;
(B) obtain and maintain health insurance
coverage for the child and automobile insurance coverage for the
child, if appropriate;
(C) enroll the child in a day-care program or
preschool;
(D) authorize the child to participate in
school-related or extracurricular or social activities, including
athletic activities;
(E) authorize the child to obtain a learner's
permit, driver's license, or state-issued identification card;
(F) authorize employment of the child;
(G) apply for and receive public benefits for or
on behalf of the child; and
(H) obtain legal services for the child and
execute contracts or other legal documents for the child.
(b) If a nonparent does not appear in person before the
court, the court, before entering an order appointing the nonparent
as managing conservator of a child, shall require evidence that the
nonparent was informed of the rights and duties of a nonparent
appointed as managing conservator of a child.
Sec. 153.3723. ELIGIBILITY OF NONPARENT MANAGING
CONSERVATOR FOR POSTADOPTION BENEFITS. The appointment of a
nonparent as managing conservator for a child may not be used as the
basis for denying postadoption benefits if the nonparent
subsequently adopts the child and meets the applicable benefits
eligibility criteria.
SECTION 2. Section 153.3722, Family Code, as added by this
Act, applies to a suit affecting the parent-child relationship that
is pending in a trial court on or filed on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2015.