Texas 2015 - 84th Regular

Texas Senate Bill SB314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: West S.B. No. 314
2		-	(Burkett)
	1	+	S.B. No. 314
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to appointment of a nonparent as managing conservator of a
8	6		child.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Subchapter E, Chapter 263, Family Code, is
11	9		amended by adding Section 263.408 to read as follows:
12	10		Sec. 263.408. REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS
13	11		MANAGING CONSERVATOR. (a) In a suit in which the court appoints a
14	12		nonparent as managing conservator of a child:
15	13		(1) the department must provide the nonparent with an
16	14		explanation of the differences between appointment as a managing
17	15		conservator of a child and adoption of a child, including specific
18	16		statements informing the nonparent that:
19	17		(A) the nonparent's appointment conveys only the
20	18		rights specified by the court order or applicable laws instead of
21	19		the complete rights of a parent conveyed by adoption;
22	20		(B) a parent may be entitled to request
23	21		visitation with the child or petition the court to appoint the
24	22		parent as the child's managing conservator, notwithstanding the
25	23		nonparent's appointment as managing conservator; and
26	24		(C) the nonparent's appointment as the child's
27	25		managing conservator will not result in the eligibility of the
28	26		nonparent and child for postadoption benefits; and
29	27		(2) in addition to the rights and duties provided
30	28		under Section 153.371, the court order appointing the nonparent as
31	29		managing conservator must include provisions that address the
32	30		authority of the nonparent to:
33	31		(A) authorize immunization of the child or any
34	32		other medical treatment that requires parental consent;
35	33		(B) obtain and maintain health insurance
36	34		coverage for the child and automobile insurance coverage for the
37	35		child, if appropriate;
38	36		(C) enroll the child in a day-care program or
39	37		school, including prekindergarten;
40	38		(D) authorize the child to participate in
41	39		school-related or extracurricular or social activities, including
42	40		athletic activities;
43	41		(E) authorize the child to obtain a learner's
44	42		permit, driver's license, or state-issued identification card;
45	43		(F) authorize employment of the child;
46	44		(G) apply for and receive public benefits for or
47	45		on behalf of the child; and
48	46		(H) obtain legal services for the child and
49	47		execute contracts or other legal documents for the child.
50	48		(b) The court must require evidence that the nonparent was
51	49		informed of the rights and duties of a nonparent appointed as
52	50		managing conservator of a child before the court renders an order
53	51		appointing the nonparent as managing conservator of a child.
54	52		SECTION 2. Section 263.408, Family Code, as added by this
55	53		Act, applies to a suit affecting the parent-child relationship that
56	54		is pending in a trial court on or filed on or after the effective
57	55		date of this Act.
58	56		SECTION 3. This Act takes effect September 1, 2015.
	57	+	______________________________ ______________________________
	58	+	President of the Senate Speaker of the House
	59	+	I hereby certify that S.B. No. 314 passed the Senate on
	60	+	April 1, 2015, by the following vote: Yeas 30, Nays 0.
	61	+	______________________________
	62	+	Secretary of the Senate
	63	+	I hereby certify that S.B. No. 314 passed the House on
	64	+	May 15, 2015, by the following vote: Yeas 139, Nays 0, two
	65	+	present not voting.
	66	+	______________________________
	67	+	Chief Clerk of the House
	68	+	Approved:
	69	+	______________________________
	70	+	Date
	71	+	______________________________
	72	+	Governor