By: RodrÃguez S.B. No. 821
(Lucio III)
A BILL TO BE ENTITLED
AN ACT
relating to references to school in the Family Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.002(a), Family Code, is amended to
read as follows:
(a) A parent or both parents of a child may enter into an
authorization agreement with a relative of the child listed in
Section 34.001 to authorize the relative to perform the following
acts in regard to the child:
(1) to authorize medical, dental, psychological, or
surgical treatment and immunization of the child, including
executing any consents or authorizations for the release of
information as required by law relating to the treatment or
immunization;
(2) to obtain and maintain health insurance coverage
for the child and automobile insurance coverage for the child, if
appropriate;
(3) to enroll the child in a day-care program or
preschool or in a public or private elementary [primary] or
secondary school;
(4) to authorize the child to participate in
age-appropriate extracurricular, civic, social, or recreational
activities, including athletic activities;
(5) to authorize the child to obtain a learner's
permit, driver's license, or state-issued identification card;
(6) to authorize employment of the child; and
(7) to apply for and receive public benefits on behalf
of the child.
SECTION 2. Section 101.028, Family Code, is amended to read
as follows:
Sec. 101.028. SCHOOL. "School" means an elementary [a
primary] or secondary school in which a child is enrolled or, if the
child is not enrolled in an elementary [a primary] or secondary
school, the public school district in which the child primarily
resides. For purposes of this section, a reference to elementary
school includes prekindergarten.
SECTION 3. Section 153.3101, Family Code, is amended to
read as follows:
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION
ORDER. In a standard possession order, "school" means the
elementary [primary] or secondary school in which the child is
enrolled or, if the child is not enrolled in an elementary [a
primary] or secondary school, the public school district in which
the child primarily resides.
SECTION 4. Section 261.105(d), Family Code, is amended to
read as follows:
(d) If the department initiates an investigation and
determines that the abuse or neglect does not involve a person
responsible for the child's care, custody, or welfare, the
department shall refer the report to a law enforcement agency for
further investigation. If the department determines that the abuse
or neglect involves an employee of a public elementary [primary] or
secondary school, and that the child is a student at the school, the
department shall orally notify the superintendent of the school
district in which the employee is employed about the investigation.
SECTION 5. The changes in law made by this Act are
nonsubstantive and intended to conform references to "school" in
the Family Code to usage in other law.
SECTION 6. This Act takes effect September 1, 2015.