By: West S.B. No. 314
(Burkett)
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 E, Chapter 263, Family Code, is
amended by adding Section 263.408 to read as follows:
Sec. 263.408. 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 department 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 order 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 petition the court to appoint the
parent as the child's managing conservator, notwithstanding the
nonparent's appointment as managing conservator; and
(C) the nonparent's appointment as the child's
managing conservator will not result in the eligibility of the
nonparent and child for postadoption benefits; and
(2) in addition to the rights and duties provided
under Section 153.371, the court order appointing the nonparent as
managing conservator must include provisions that address the
authority of the nonparent to:
(A) authorize immunization of the child or any
other medical 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
school, including prekindergarten;
(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) The court must require evidence that the nonparent was
informed of the rights and duties of a nonparent appointed as
managing conservator of a child before the court renders an order
appointing the nonparent as managing conservator of a child.
SECTION 2. Section 263.408, 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.