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AN ACT
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relating to appointment of a nonparent as managing conservator of a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.408 to read as follows: |
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Sec. 263.408. REQUIREMENTS FOR APPOINTMENT OF NONPARENT AS |
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MANAGING CONSERVATOR. (a) In a suit in which the court appoints a |
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nonparent as managing conservator of a child: |
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(1) the department must provide the nonparent with an |
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explanation of the differences between appointment as a managing |
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conservator of a child and adoption of a child, including specific |
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statements informing the nonparent that: |
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(A) the nonparent's appointment conveys only the |
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rights specified by the court order or applicable laws instead of |
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the complete rights of a parent conveyed by adoption; |
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(B) a parent may be entitled to request |
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visitation with the child or petition the court to appoint the |
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parent as the child's managing conservator, notwithstanding the |
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nonparent's appointment as managing conservator; and |
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(C) the nonparent's appointment as the child's |
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managing conservator will not result in the eligibility of the |
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nonparent and child for postadoption benefits; and |
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(2) in addition to the rights and duties provided |
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under Section 153.371, the court order appointing the nonparent as |
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managing conservator must include provisions that address the |
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authority of the nonparent to: |
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(A) authorize immunization of the child or any |
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other medical treatment that requires parental consent; |
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(B) obtain and maintain health insurance |
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coverage for the child and automobile insurance coverage for the |
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child, if appropriate; |
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(C) enroll the child in a day-care program or |
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school, including prekindergarten; |
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(D) authorize the child to participate in |
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school-related or extracurricular or social activities, including |
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athletic activities; |
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(E) authorize the child to obtain a learner's |
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permit, driver's license, or state-issued identification card; |
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(F) authorize employment of the child; |
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(G) apply for and receive public benefits for or |
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on behalf of the child; and |
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(H) obtain legal services for the child and |
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execute contracts or other legal documents for the child. |
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(b) The court must require evidence that the nonparent was |
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informed of the rights and duties of a nonparent appointed as |
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managing conservator of a child before the court renders an order |
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appointing the nonparent as managing conservator of a child. |
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SECTION 2. Section 263.408, Family Code, as added by this |
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Act, applies to a suit affecting the parent-child relationship that |
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is pending in a trial court on or filed on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 314 passed the Senate on |
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April 1, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 314 passed the House on |
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May 15, 2015, by the following vote: Yeas 139, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |