By: Herrero (Senate Sponsor - Watson) H.B. No. 3052
(In the Senate - Received from the House May 10, 2017;
May 12, 2017, read first time and referred to Committee on Business &
Commerce; May 21, 2017, reported favorably by the following vote:
Yeas 8, Nays 0; May 21, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to an authorization agreement between a parent and a
nonparent relative of the child.
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 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; and
(8) to obtain:
(A) copies or originals of state-issued personal
identification documents for the child, including the child's birth
certificate; and
(B) to the extent authorized under federal law,
copies or originals of federally issued personal identification
documents for the child, including the child's social security
card.
SECTION 2. Section 34.003, Family Code, is amended to read
as follows:
Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
authorization agreement must contain:
(1) the following information from the relative of the
child to whom the parent is giving authorization:
(A) the name and signature of the relative;
(B) the relative's relationship to the child; and
(C) the relative's current physical address and
telephone number or the best way to contact the relative;
(2) the following information from the parent:
(A) the name and signature of the parent; and
(B) the parent's current address and telephone
number or the best way to contact the parent;
(3) the information in Subdivision (2) with respect to
the other parent, if applicable;
(4) a statement that the relative has been given
authorization to perform the functions listed in Section 34.002(a)
as a result of a voluntary action of the parent and that the
relative has voluntarily assumed the responsibility of performing
those functions;
(5) statements that neither the parent nor the
relative has knowledge that a parent, guardian, custodian, licensed
child-placing agency, or other authorized agency asserts any claim
or authority inconsistent with the authorization agreement under
this chapter with regard to actual physical possession or care,
custody, or control of the child;
(6) statements that:
(A) to the best of the parent's and relative's
knowledge:
(i) there is no court order or pending suit
affecting the parent-child relationship concerning the child;
(ii) there is no pending litigation in any
court concerning:
(a) custody, possession, or placement
of the child; or
(b) access to or visitation with the
child; and
(iii) a [the] court does not have
continuing jurisdiction concerning the child; or
(B) the court with continuing jurisdiction
concerning the child has given written approval for the execution
of the authorization agreement accompanied by the following
information:
(i) the county in which the court is
located;
(ii) the number of the court; and
(iii) the cause number in which the order
was issued or the litigation is pending;
(7) a statement that to the best of the parent's and
relative's knowledge there is no current, valid authorization
agreement regarding the child;
(8) a statement that the authorization is made in
conformance with this chapter;
(9) a statement that the parent and the relative
understand that each party to the authorization agreement is
required by law to immediately provide to each other party
information regarding any change in the party's address or contact
information;
(10) a statement by the parent that establishes the
circumstances under which the authorization agreement expires,
including that the authorization agreement:
(A) is valid until revoked;
(B) continues in effect after the death or during
any incapacity of the parent; or
(C) expires on a date stated in the authorization
agreement; and
(11) space for the signature and seal of a notary
public.
(b) The authorization agreement must contain the following
warnings and disclosures:
(1) that the authorization agreement is an important
legal document;
(2) that the parent and the relative must read all of
the warnings and disclosures before signing the authorization
agreement;
(3) that the persons signing the authorization
agreement are not required to consult an attorney but are advised to
do so;
(4) that the parent's rights as a parent may be
adversely affected by placing or leaving the parent's child with
another person;
(5) that the authorization agreement does not confer
on the relative the rights of a managing or possessory conservator
or legal guardian;
(6) that a parent who is a party to the authorization
agreement may terminate the authorization agreement and resume
custody, possession, care, and control of the child on demand and
that at any time the parent may request the return of the child;
(7) that failure by the relative to return the child to
the parent immediately on request may have criminal and civil
consequences;
(8) that, under other applicable law, the relative may
be liable for certain expenses relating to the child in the
relative's care but that the parent still retains the parental
obligation to support the child;
(9) that, in certain circumstances, the authorization
agreement may not be entered into without written permission of the
court;
(10) that the authorization agreement may be
terminated by certain court orders affecting the child;
(11) that the authorization agreement does not
supersede, invalidate, or terminate any prior authorization
agreement regarding the child;
(12) that the authorization agreement is void if a
prior authorization agreement regarding the child is in effect and
has not expired or been terminated;
(13) that, except as provided by Section 34.005(a-2)
[34.005(a-1)], the authorization agreement is void unless not later
than the 10th day after the date the authorization agreement is
signed, [:
[(A)] the parties mail [a copy of the
authorization agreement by certified mail, return receipt
requested, or international registered mail, return receipt
requested, as applicable,] to a parent who was not a party to the
authorization agreement at the parent's last known address, if the
parent is living and the parent's parental rights have not been
terminated:
(A) one copy of the authorization agreement by
certified mail, return receipt requested, or international
registered mail, return receipt requested, as applicable [, not
later than the 10th day after the date the authorization agreement
is signed]; and
(B) one [if the parties do not receive a response
from the parent who is not a party to the authorization agreement
before the 20th day after the date the copy of the authorization
agreement is mailed under Paragraph (A), the parties mail a second]
copy of the authorization agreement by first class mail or
international first class mail, as applicable[, to the parent not
later than the 45th day after the date the authorization agreement
is signed]; and
(14) that the authorization agreement does not confer
on a relative of the child the right to authorize the performance of
an abortion on the child or the administration of emergency
contraception to the child.
SECTION 3. Section 34.004(b), Family Code, is amended to
read as follows:
(b) A parent may not execute an authorization agreement
without a written order by the appropriate court if:
(1) there is a court order or pending suit affecting
the parent-child relationship concerning the child;
(2) there is pending litigation in any court
concerning:
(A) custody, possession, or placement of the
child; or
(B) access to or visitation with the child; or
(3) a [the] court has continuing, exclusive
jurisdiction over the child.
SECTION 4. Section 34.005, Family Code, is amended by
amending Subsections (a) and (a-1) and adding Subsection (a-2) to
read as follows:
(a) If both parents did not sign the authorization
agreement, not later than the 10th day after the date the
authorization agreement is executed the parties shall mail [a copy
of the executed authorization agreement by certified mail, return
receipt requested, or international registered mail, return
receipt requested, as applicable,] to the parent who was not a party
to the authorization agreement at the parent's last known address,
[not later than the 10th day after the date the authorization
agreement is executed] if that parent is living and that parent's
parental rights have not been terminated:
(1) one copy of the executed authorization agreement
by certified mail, return receipt requested, or international
registered mail, return receipt requested, as applicable; and
(2) one [. If the parties do not receive a response
from the parent who is not a party to the authorization agreement
before the 20th day after the date the copy of the authorization
agreement is mailed, the parties shall mail a second] copy of the
executed authorization agreement by first class mail or
international first class mail, as applicable[, to the parent at
the same address not later than the 45th day after the date the
authorization agreement is executed].
(a-1) Except as otherwise provided by Subsection (a-2), an
[An] authorization agreement is void if the parties fail to comply
with Subsection (a) [this subsection].
(a-2) [(a-1)] Subsection (a) does not apply to an
authorization agreement if the parent who was not a party to the
authorization agreement:
(1) does not have court-ordered possession of or
access to the child who is the subject of the authorization
agreement; and
(2) has previously committed an act of family
violence, as defined by Section 71.004, or assault against the
parent who is a party to the authorization agreement, the child who
is the subject of the authorization agreement, or another child of
the parent who is a party to the authorization agreement, as
documented by one or more of the following:
(A) the issuance of a protective order against
the parent who was not a party to the authorization agreement as
provided under Chapter 85 or under a similar law of another state;
or
(B) the conviction of the parent who was not a
party to the authorization agreement of an offense under Title 5,
Penal Code, or of another criminal offense in this state or in
another state an element of which involves a violent act or
prohibited sexual conduct.
SECTION 5. The changes in law made by this Act apply only to
an authorization agreement executed on or after the effective date
of this Act. An authorization agreement executed before that date
is governed by the law in effect on the date the authorization
agreement was executed, and the former law is continued in effect
for that purpose.
SECTION 6. This Act takes effect September 1, 2017.
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