85R11973 JSC-D
	By: Herrero	H.B. No. 3052

	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.