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AN ACT
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relating to child protective services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.013, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A parent who claims indigence under Subsection (a) must |
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file an affidavit of indigence in accordance with Rule 145(b) of the |
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Texas Rules of Civil Procedure before the court can conduct a |
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hearing to determine the parent's indigence under this section. |
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SECTION 2. Section 263.405, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Not later than the 15th day after the date a final order |
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is signed by the trial judge, a party who intends to request a new |
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trial or [intending to] appeal the order must file with the trial |
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court: |
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(1) a request for a new trial; or |
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(2) if an appeal is sought, a statement of the point or |
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points on which the party intends to appeal. |
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(b-1) The statement under Subsection (b)(2) may be combined |
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with a motion for a new trial. |
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SECTION 3. Section 264.106, Family Code, is amended by |
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adding Subsection (l) to read as follows: |
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(l) Notwithstanding any other law, the department or an |
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independent administrator may contract with a child welfare board |
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established under Section 264.005, a local governmental board |
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granted the powers and duties of a child welfare board under state |
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law, or a children's advocacy center established under Section |
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264.402 for the provision of substitute care and case management |
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services in this state if the board or center provided direct |
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substitute care or case management services under a contract with |
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the department before September 1, 2006. |
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SECTION 4. Subsection (a), Section 265.004, Family Code, is |
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amended to read as follows: |
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(a) To the extent that money is appropriated for the |
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purpose, the department shall fund evidence-based programs offered |
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by community-based organizations that are designed to prevent or |
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ameliorate child abuse and neglect. The evidence-based programs |
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funded under this subsection may be offered by a child welfare board |
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established under Section 264.005, a local governmental board |
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granted the powers and duties of a child welfare board under state |
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law, or a children's advocacy center established under Section |
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264.402. |
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SECTION 5. Subchapter A, Chapter 45, Human Resources Code, |
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is amended by adding Sections 45.005 and 45.006 to read as follows: |
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Sec. 45.005. PROVISION OF SUBSTITUTE CARE AND CASE |
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MANAGEMENT SERVICES BY CERTAIN PERSONS. Notwithstanding any other |
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law, the department or an independent administrator may contract |
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with a child welfare board established under Section 264.005, |
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Family Code, a local governmental board granted the powers and |
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duties of a child welfare board under state law, or a children's |
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advocacy center established under Section 264.402, Family Code, for |
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the provision of substitute care and case management services in |
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this state if the board or center provided direct substitute care or |
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case management services under a contract with the department |
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before September 1, 2006. |
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Sec. 45.006. VALUE-ADDED SERVICES. A substitute care or |
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case management services provider that contracts with the |
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department or an independent administrator to provide substitute |
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care or case management services may provide value-added services |
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that supplement the substitute care or case management services |
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required to be provided under the contract. |
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SECTION 6. The changes in law made by Subsection (d), |
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Section 107.013, Family Code, as added by this Act, and Section |
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263.405, Family Code, as amended by this Act, apply only to a suit |
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affecting the parent-child relationship filed on or after the |
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effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. The authority provided by Section 45.005, Human |
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Resources Code, and Subsection (l), Section 264.106, Family Code, |
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as added by this Act, applies to a contract described by those |
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sections, regardless of whether the contract is executed before or |
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after September 1, 2011, and the authority does not expire on |
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September 1, 2012, notwithstanding the expiration of Chapter 45, |
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Human Resources Code. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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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. 813 passed the Senate on |
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April 12, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2007, by the |
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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. 813 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 143, |
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Nays 0, two 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 |