83R22891 JSC-D
 
  By: Dukes, Guillen, Miles H.B. No. 454
 
  Substitute the following for H.B. No. 454:
 
  By:  Farney C.S.H.B. No. 454
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorization for a caregiver who is a relative to
  enroll a child in school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Family Code, is amended by
  adding Chapter 35 to read as follows:
  CHAPTER 35. RIGHTS OF CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD
  IN SCHOOL
         Sec. 35.001.  DEFINITION. In this chapter, "relative" means
  someone related to a child by consanguinity or affinity, as
  determined under Sections 573.022 and 573.024, Government Code,
  respectively.
         Sec. 35.002.  AFFIDAVIT OF CAREGIVER. (a)  A caregiver of a
  child who is a relative of the child may execute an affidavit
  indicating that:
               (1)  the child primarily resides with the caregiver;
  and
               (2)  the caregiver made a reasonably diligent effort
  but was unable to locate or contact the child's parent or legal
  guardian for authorization.
         (b)  The affidavit must be witnessed by two witnesses who are
  at least 18 years of age or older and at least one of whom is not
  related by blood or marriage to the child or the caregiver.
         (c)  The completed affidavit must be notarized.
         Sec. 35.003.  RIGHTS AND DUTIES OF CHILD AND CAREGIVER. (a)  
  A caregiver may provide the affidavit under this chapter to a school
  or school district to enroll the child in school.
         (b)  If the child no longer resides with the caregiver or if
  the child's parent or guardian objects to the caregiver's
  authorization, the affidavit is invalid and the caregiver shall
  notify all parties to whom the caregiver provided the affidavit,
  including the child's school.
         Sec. 35.004.  EFFECT OF AFFIDAVIT. (a)  A person who relies
  on an affidavit that complies with this chapter has no obligation to
  make any further inquiry or investigation.
         (b)  The caregiver's authorization affidavit does not affect
  the rights of the child's parent or legal guardian regarding the
  care, custody, and control of the child and does not mean that the
  caregiver has legal custody of the child.
         (c)  A caregiver's authorization affidavit executed under
  this chapter does not confer or affect standing or a right of
  intervention in any proceeding under Title 5.
         Sec. 35.005.  FORM OF AFFIDAVIT. The caregiver's
  authorization affidavit must be in substantially the following
  form:
  Caregiver's Authorization Affidavit
         Use of this affidavit is authorized by Chapter 35, Family
  Code.
         Instructions: Completion of and the signing of the affidavit
  are sufficient to authorize enrollment of a child in school. Print
  clearly.
         The child named below lives in my home and I am 18 years of age
  or older.
         1.  Name of child: ______________________________.
         2.  Child's birth date: __________________________.
         3.  My name (adult giving authorization): _____________.
         4.  My home address: _________________________
         ____________________________
         ____________________________.
         5.  ( )  I am a grandparent, aunt, uncle, or other qualified
  relative of the child (see portion of this form that provides
  definition of "qualified relative").
         6.  ( )  I have made a reasonably diligent effort but am
  unable to locate or contact the parent(s) or other person(s) having
  legal custody of the child at this time to notify them of my
  intended authorization.
         7.  My date of birth: _________________________________.
         8.  My Texas driver's license or identification card number,
  or other form of identification (specify):
  ______________________________________________________.
         Warning: Do not sign this form if any of the statements above
  are incorrect, or you will be committing a crime punishable by a
  fine, imprisonment, or both.
         I declare under penalty of perjury under the laws of the State
  of Texas that the foregoing is true and correct.
         Dated: _______________________
         Signed: _________________________
         Witnesses:
         I am 18 years of age or older and I am not related to the
  child, the parents of the child, or the caregiver by blood or
  marriage.
         Signature: _____________________________
         Printed Name: ___________________________
         Date: ________________________
         I am 18 years of age or older.
         Signature: _____________________________
         Printed Name: ___________________________
         Date: ________________________
         Notary:
         State of _____________________________
         County of _____________________________
         Subscribed and sworn to before me, a notary public, by
  ___________________ this _______ day of _______________, 2______.
         Printed Name of Notary: _____________________________
         Commission Expires: _____________________________
         Notices:
         1.  This declaration does not affect the rights of the
  child's parents or legal guardian regarding the care, custody, and
  control of the child, and does not mean that the caregiver has legal
  custody of the child.
         2.  A person who relies on this affidavit has no obligation
  to make any further inquiry or investigation.
         Additional Information:
         TO CAREGIVERS:
         1.  "Qualified relative," for purposes of item 5 of the
  affidavit, means a person related to the child by consanguinity or
  affinity (blood, marriage, or adoption).
         2.  If the child no longer resides with you, or if the child's
  parent or guardian objects to this authorization, you are required
  to notify any school to which you have given this affidavit. The
  affidavit is invalid after the school receives notice.
         TO SCHOOL OFFICIALS:
         1.  Section 25.001, Education Code, provides that this
  affidavit constitutes a sufficient basis for a determination of
  residency of the child, without the requirement of a guardianship
  or other custody order, unless the school district determines from
  actual facts that the child is not living with the caregiver.
         2.  The school district may require additional reasonable
  evidence that the caregiver lives at the address provided in item 4
  of the affidavit.
         Sec. 35.006.  RULES. (a)  The commissioner of education
  shall adopt rules to implement this chapter and to ensure that the
  caregiver's authorization affidavit is accepted by schools and
  school districts.
         (b)  The Texas Education Agency shall develop the form
  required by Section 35.005 and make that form available on the
  agency's Internet website.
         SECTION 2.  Section 25.001(b), Education Code, is amended to
  read as follows:
         (b)  The board of trustees of a school district or its
  designee shall admit into the public schools of the district free of
  tuition a person who is over five and younger than 21 years of age on
  the first day of September of the school year in which admission is
  sought, and may admit a person who is at least 21 years of age and
  under 26 years of age for the purpose of completing the requirements
  for a high school diploma, if:
               (1)  the person and either parent of the person reside
  in the school district;
               (2)  the person does not reside in the school district
  but a parent of the person resides in the school district and that
  parent is a joint managing conservator or the sole managing
  conservator or possessory conservator of the person;
               (3)  the person and the person's guardian or other
  person having lawful control of the person under a court order
  reside within the school district;
               (4)  the person has established a separate residence
  under Subsection (d);
               (5)  the person is homeless, as defined by 42 U.S.C.
  Section 11302, regardless of the residence of the person, of either
  parent of the person, or of the person's guardian or other person
  having lawful control of the person;
               (6)  the person is a foreign exchange student placed
  with a host family that resides in the school district by a
  nationally recognized foreign exchange program, unless the school
  district has applied for and been granted a waiver by the
  commissioner under Subsection (e);
               (7)  the person resides at a residential facility
  located in the district;
               (8)  the person resides in the school district and is 18
  years of age or older or the person's disabilities of minority have
  been removed; [or]
               (9)  the person does not reside in the school district
  but the grandparent of the person:
                     (A)  resides in the school district; and
                     (B)  provides a substantial amount of
  after-school care for the person as determined by the board; or
               (10)  the person lives with a relative who resides in
  the school district and submits to the district an authorization
  agreement executed under Chapter 34, Family Code, or a caregiver's
  authorization affidavit executed under Chapter 35, Family Code.
         SECTION 3.  Section 25.002(f), Education Code, is amended to
  read as follows:
         (f)  [Except as otherwise provided by this subsection, for a
  child to be enrolled in a public school, the child must be enrolled
  by the child's parent or by the child's guardian or other person
  with legal control of the child under a court order.] A school
  district shall record the name, address, and date of birth of the
  person enrolling a child.
         SECTION 4.  Section 26.002, Education Code, is amended to
  read as follows:
         Sec. 26.002.  DEFINITION.  In this chapter, "parent"
  includes a person standing in parental relation. The term includes
  a relative with whom the child resides and who is authorized to
  enroll the child in school pursuant to an authorization agreement
  executed under Chapter 34, Family Code, or a caregiver's
  authorization affidavit executed under Chapter 35, Family Code.
  The term does not include a person as to whom the parent-child
  relationship has been terminated or a person not entitled to
  possession of or access to a child under a court order. Except as
  provided by federal law, all rights of a parent under Title 2 of
  this code and all educational rights under Section 151.001(a)(10) 
  [151.003(a)(10)], Family Code, shall be exercised by a student who
  is 18 years of age or older or whose disabilities of minority have
  been removed for general purposes under Chapter 31, Family Code,
  unless the student has been determined to be incompetent or the
  student's rights have been otherwise restricted by a court order.
         SECTION 5.  Sections 25.001, 25.002, and 26.002, Education
  Code, as amended by this Act, apply beginning with the 2013-2014
  school year.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.