Bill Text: TX HB3052 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to certain protective orders and agreements involving families.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB3052 Detail]

Download: Texas-2017-HB3052-Enrolled.html

---

H.B. No. 3052

AN ACT
relating to certain protective orders and agreements involving
families.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.405, Family Code, is amended to read as
follows:
Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The
petition in a suit for dissolution of a marriage must state whether,
in regard to a party to the suit or a child of a party to the suit:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Chapter 7A, Code of
Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; [is in effect] or
(2) [if] an application for an [a protective] order
described by Subdivision (1) is pending [with regard to the parties
to the suit].
(b) The petitioner shall attach to the petition a copy of
each [protective] order described by Subsection (a)(1) [issued
under Title 4] in which a party [one of the parties] to the suit or
the child of a party to the suit was the applicant or victim of the
conduct alleged in the application or order and the other party was
the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the [protective] order is not available at
the time of filing, the petition must state that a copy of the order
will be filed with the court before any hearing.
SECTION 2. 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 3. 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 4. 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 5. 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 6.
Section 102.008, Family Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The petition must include:
(1) a statement that the court in which the petition is
filed has continuing, exclusive jurisdiction or that no court has
continuing jurisdiction of the suit;
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made; [and]
(11) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Chapter 7A,
Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(12) any other information required by this title.
(c) The petitioner shall attach a copy of each order
described by Subsection (b)(11)(A) in which a party to the suit or a
child of a party to the suit was the applicant or victim of the
conduct alleged in the application or order and the other party was
the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the order is not available at the time of
filing, the petition must state that a copy of the order will be
filed with the court before any hearing.
(d) Notwithstanding any other provision of this section, if
the Title IV-D agency files a petition in a suit affecting the
parent-child relationship, the agency is not required to:
(1) include in the petition the statement described by
Subsection (b)(11); or
(2) attach copies of the documentation described by
Subsection (c).
SECTION 7. Subchapter G, Chapter 160, Family Code, is
amended by adding Section 160.6035 to read as follows:
Sec. 160.6035. CONTENTS OF PETITION; STATEMENT RELATING TO
CERTAIN PROTECTIVE ORDERS REQUIRED. (a) The petition in a
proceeding to adjudicate parentage must include a statement as to
whether, in regard to a party to the proceeding or a child of a party
to the proceeding:
(1) there is in effect:
(A) a protective order under Title 4;
(B) a protective order under Chapter 7A, Code of
Criminal Procedure; or
(C) an order for emergency protection under
Article 17.292, Code of Criminal Procedure; or
(2) an application for an order described by
Subdivision (1) is pending.
(b) The petitioner shall attach a copy of each order
described by Subsection (a)(1) in which a party to the proceeding or
a child of a party to the proceeding was the applicant or victim of
the conduct alleged in the application or order and the other party
was the respondent or defendant of an action regarding the conduct
alleged in the application or order without regard to the date of
the order. If a copy of the order is not available at the time of
filing, the petition must state that a copy of the order will be
filed with the court before any hearing.
(c) Notwithstanding any other provision of this section, if
the Title IV-D agency files a petition in a proceeding to adjudicate
parentage, the agency is not required to:
(1) include in the petition the statement described by
Subsection (a); or
(2) attach copies of the documentation described by
Subsection (b).
SECTION 8. Sections 6.405 and 102.008, Family Code, as
amended by this Act, and Section 160.6035, Family Code, as added by
this Act, apply only to a petition filed on or after September 1,
2017. A petition filed before September 1, 2017, is governed by the
law in effect on the date the petition was filed, and the former law
is continued in effect for that purpose.
SECTION 9. 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 10. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3052 was passed by the House on May 9,
2017, by the following vote: Yeas 145, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3052 on May 26, 2017, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3052 was passed by the Senate, with
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor