S.B. No. 219
 
 
 
 
AN ACT
  relating to the provision of health and human services in this
  state, including the powers and duties of the Health and Human
  Services Commission and other state agencies, and the licensing of
  certain health professionals; clarifying certain statutory
  provisions; authorizing the imposition of fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FAMILY CODE
         SECTION 1.001.  The heading to Chapter 55, Family Code, is
  amended to read as follows:
  CHAPTER 55.  PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
  OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]
         SECTION 1.002.  Section 55.01, Family Code, is amended to
  read as follows:
         Sec. 55.01.  MEANING OF "HAVING A MENTAL ILLNESS". For
  purposes of this chapter, a child who is described as having a
  mental illness means a child with a [who suffers from] mental
  illness as defined by Section 571.003, Health and Safety Code.
         SECTION 1.003.  Section 55.02, Family Code, is amended to
  read as follows:
         Sec. 55.02.  MENTAL HEALTH AND INTELLECTUAL DISABILITY
  [MENTAL RETARDATION] JURISDICTION. For the purpose of initiating
  proceedings to order mental health or intellectual disability 
  [mental retardation] services for a child or for commitment of a
  child as provided by this chapter, the juvenile court has
  jurisdiction of proceedings under Subtitle C or D, Title 7, Health
  and Safety Code.
         SECTION 1.004.  Section 55.03(b), Family Code, is amended to
  read as follows:
         (b)  Except as provided by this chapter, a child who is
  committed by a court to a residential care facility due to an
  intellectual disability [for mental retardation] shall be cared for
  as provided by Subtitle D, Title 7, Health and Safety Code.
         SECTION 1.005.  The heading to Subchapter C, Chapter 55,
  Family Code, is amended to read as follows:
  SUBCHAPTER C. CHILD UNFIT TO PROCEED AS A RESULT OF MENTAL ILLNESS
  OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]
         SECTION 1.006.  Sections 55.31(a), (b), and (c), Family
  Code, are amended to read as follows:
         (a)  A child alleged by petition or found to have engaged in
  delinquent conduct or conduct indicating a need for supervision who
  as a result of mental illness or an intellectual disability [mental
  retardation] lacks capacity to understand the proceedings in
  juvenile court or to assist in the child's own defense is unfit to
  proceed and shall not be subjected to discretionary transfer to
  criminal court, adjudication, disposition, or modification of
  disposition as long as such incapacity endures.
         (b)  On a motion by a party, the juvenile court shall
  determine whether probable cause exists to believe that a child who
  is alleged by petition or who is found to have engaged in delinquent
  conduct or conduct indicating a need for supervision is unfit to
  proceed as a result of mental illness or an intellectual disability
  [mental retardation]. In making its determination, the court may:
               (1)  consider the motion, supporting documents,
  professional statements of counsel, and witness testimony; and
               (2)  make its own observation of the child.
         (c)  If the court determines that probable cause exists to
  believe that the child is unfit to proceed, the court shall
  temporarily stay the juvenile court proceedings and immediately
  order the child to be examined under Section 51.20. The information
  obtained from the examination must include expert opinion as to
  whether the child is unfit to proceed as a result of mental illness
  or an intellectual disability [mental retardation].
         SECTION 1.007.  Sections 55.32(a), (b), (d), (f), and (g),
  Family Code, are amended to read as follows:
         (a)  If the juvenile court determines that evidence exists to
  support a finding that a child is unfit to proceed as a result of
  mental illness or an intellectual disability [mental retardation],
  the court shall set the case for a hearing on that issue.
         (b)  The issue of whether the child is unfit to proceed as a
  result of mental illness or an intellectual disability [mental
  retardation] shall be determined at a hearing separate from any
  other hearing.
         (d)  Unfitness to proceed as a result of mental illness or an
  intellectual disability [mental retardation] must be proved by a
  preponderance of the evidence.
         (f)  If the court or jury determines that the child is unfit
  to proceed as a result of mental illness or an intellectual
  disability [mental retardation], the court shall:
               (1)  stay the juvenile court proceedings for as long as
  that incapacity endures; and
               (2)  proceed under Section 55.33.
         (g)  The fact that the child is unfit to proceed as a result
  of mental illness or an intellectual disability [mental
  retardation] does not preclude any legal objection to the juvenile
  court proceedings which is susceptible of fair determination prior
  to the adjudication hearing and without the personal participation
  of the child.
         SECTION 1.008.  Section 55.33(a), Family Code, is amended to
  read as follows:
         (a)  If the juvenile court or jury determines under Section
  55.32 that a child is unfit to proceed with the juvenile court
  proceedings for delinquent conduct, the court shall:
               (1)  if the unfitness to proceed is a result of mental
  illness or an intellectual disability [mental retardation]:
                     (A)  provided that the child meets the commitment
  criteria under Subtitle C or D, Title 7, Health and Safety Code,
  order the child placed with the [Texas] Department of State Health
  Services or the Department of Aging and Disability Services, as
  appropriate, [Mental Health and Mental Retardation] for a period of
  not more than 90 days, which order may not specify a shorter period,
  for placement in a facility designated by the department; or
                     (B)  on application by the child's parent,
  guardian, or guardian ad litem, order the child placed in a private
  psychiatric inpatient facility for a period of not more than 90
  days, which order may not specify a shorter period, but only if the
  placement is agreed to in writing by the administrator of the
  facility; or
               (2)  if the unfitness to proceed is a result of mental
  illness and the court determines that the child may be adequately
  treated in an alternative setting, order the child to receive
  treatment for mental illness on an outpatient basis for a period of
  not more than 90 days, which order may not specify a shorter period.
         SECTION 1.009.  Section 55.35(a), Family Code, is amended to
  read as follows:
         (a)  If the juvenile court issues a placement order under
  Section 55.33(a), the court shall order the probation department to
  send copies of any information in the possession of the department
  and relevant to the issue of the child's mental illness or
  intellectual disability [mental retardation] to the public or
  private facility or outpatient center, as appropriate.
         SECTION 1.010.  Section 55.40, Family Code, is amended to
  read as follows:
         Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
  RESULT OF INTELLECTUAL DISABILITY [MENTAL RETARDATION]. If a
  report submitted under Section 55.35(b) states that a child is
  unfit to proceed as a result of an intellectual disability [mental
  retardation] and that the child meets the commitment criteria for
  civil commitment under Subtitle D, Title 7, Health and Safety Code,
  the director of the residential care facility shall submit to the
  court an affidavit stating the conclusions reached as a result of
  the diagnosis. On receipt of the affidavit, the court shall:
               (1)  initiate proceedings as provided by Section 55.41
  in the juvenile court for commitment of the child under Subtitle D,
  Title 7, Health and Safety Code; or
               (2)  refer the child's case as provided by Section 55.42
  to the appropriate court for the initiation of proceedings in that
  court for commitment of the child under Subtitle D, Title 7, Health
  and Safety Code.
         SECTION 1.011.  The heading to Section 55.41, Family Code,
  is amended to read as follows:
         Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
  CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION].
         SECTION 1.012.  Section 55.41(c), Family Code, is amended to
  read as follows:
         (c)  On receipt of the court's order, the [Texas] Department
  of Aging and Disability Services [Mental Health and Mental
  Retardation] or the appropriate community center shall admit the
  child to a residential care facility.
         SECTION 1.013.  The heading to Section 55.42, Family Code,
  is amended to read as follows:
         Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR
  CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION].
         SECTION 1.014.  Section 55.42(a), Family Code, is amended to
  read as follows:
         (a)  If the juvenile court refers the child's case to an
  appropriate court for the initiation of commitment proceedings
  under Section 55.40(2), the juvenile court shall:
               (1)  send all papers relating to the child's
  intellectual disability [mental retardation] to the clerk of the
  court to which the case is referred;
               (2)  send to the office of the appropriate county
  attorney or, if a county attorney is not available, to the office of
  the appropriate district attorney, copies of all papers sent to the
  clerk of the court under Subdivision (1); and
               (3)  if the child is in detention:
                     (A)  order the child released from detention to
  the child's home or another appropriate place;
                     (B)  order the child detained in an appropriate
  place other than a juvenile detention facility; or
                     (C)  if an appropriate place to release or detain
  the child as described by Paragraph (A) or (B) is not available,
  order the child to remain in the juvenile detention facility
  subject to further detention orders of the court.
         SECTION 1.015.  Section 55.43(a), Family Code, is amended to
  read as follows:
         (a)  The prosecuting attorney may file with the juvenile
  court a motion for a restoration hearing concerning a child if:
               (1)  the child is found unfit to proceed as a result of
  mental illness or an intellectual disability [mental retardation];
  and
               (2)  the child:
                     (A)  is not:
                           (i)  ordered by a court to receive inpatient
  mental health services;
                           (ii)  committed by a court to a residential
  care facility; or
                           (iii)  ordered by a court to receive
  treatment on an outpatient basis; or
                     (B)  is discharged or currently on furlough from a
  mental health facility or outpatient center before the child
  reaches 18 years of age.
         SECTION 1.016.  Section 55.44(a), Family Code, is amended to
  read as follows:
         (a)  The juvenile court shall transfer all pending
  proceedings from the juvenile court to a criminal court on the 18th
  birthday of a child for whom the juvenile court or a court to which
  the child's case is referred has ordered inpatient mental health
  services or residential care for persons with an intellectual
  disability [mental retardation] if:
               (1)  the child is not discharged or currently on
  furlough from the facility before reaching 18 years of age; and
               (2)  the child is alleged to have engaged in delinquent
  conduct that included a violation of a penal law listed in Section
  53.045 and no adjudication concerning the alleged conduct has been
  made.
         SECTION 1.017.  The heading to Subchapter D, Chapter 55,
  Family Code, is amended to read as follows:
  SUBCHAPTER D. LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF
  MENTAL ILLNESS OR INTELLECTUAL DISABILITY [MENTAL RETARDATION]
         SECTION 1.018.  Section 55.51, Family Code, is amended to
  read as follows:
         Sec. 55.51.  LACK OF RESPONSIBILITY FOR CONDUCT
  DETERMINATION; EXAMINATION. (a) A child alleged by petition to
  have engaged in delinquent conduct or conduct indicating a need for
  supervision is not responsible for the conduct if at the time of the
  conduct, as a result of mental illness or an intellectual
  disability [mental retardation], the child lacks substantial
  capacity either to appreciate the wrongfulness of the child's
  conduct or to conform the child's conduct to the requirements of
  law.
         (b)  On a motion by a party in which it is alleged that a
  child may not be responsible as a result of mental illness or an
  intellectual disability [mental retardation] for the child's
  conduct, the court shall order the child to be examined under
  Section 51.20. The information obtained from the examinations must
  include expert opinion as to whether the child is not responsible
  for the child's conduct as a result of mental illness or an
  intellectual disability [mental retardation].
         (c)  The issue of whether the child is not responsible for
  the child's conduct as a result of mental illness or an intellectual
  disability [mental retardation] shall be tried to the court or jury
  in the adjudication hearing.
         (d)  Lack of responsibility for conduct as a result of mental
  illness or an intellectual disability [mental retardation] must be
  proved by a preponderance of the evidence.
         (e)  In its findings or verdict the court or jury must state
  whether the child is not responsible for the child's conduct as a
  result of mental illness or an intellectual disability [mental
  retardation].
         (f)  If the court or jury finds the child is not responsible
  for the child's conduct as a result of mental illness or an
  intellectual disability [mental retardation], the court shall
  proceed under Section 55.52.
         (g)  A child found to be not responsible for the child's
  conduct as a result of mental illness or an intellectual disability
  [mental retardation] shall not be subject to proceedings under this
  title with respect to such conduct, other than proceedings under
  Section 55.52.
         SECTION 1.019.  Section 55.52(a), Family Code, is amended to
  read as follows:
         (a)  If the court or jury finds that a child is not
  responsible for the child's conduct under Section 55.51, the court
  shall:
               (1)  if the lack of responsibility is a result of mental
  illness or an intellectual disability [mental retardation]:
                     (A)  provided that the child meets the commitment
  criteria under Subtitle C or D, Title 7, Health and Safety Code,
  order the child placed with the [Texas] Department of State Health
  Services or the Department of Aging and Disability Services, as
  appropriate, [Mental Health and Mental Retardation] for a period of
  not more than 90 days, which order may not specify a shorter period,
  for placement in a facility designated by the department; or
                     (B)  on application by the child's parent,
  guardian, or guardian ad litem, order the child placed in a private
  psychiatric inpatient facility for a period of not more than 90
  days, which order may not specify a shorter period, but only if the
  placement is agreed to in writing by the administrator of the
  facility; or
               (2)  if the child's lack of responsibility is a result
  of mental illness and the court determines that the child may be
  adequately treated in an alternative setting, order the child to
  receive treatment on an outpatient basis for a period of not more
  than 90 days, which order may not specify a shorter period.
         SECTION 1.020.  Sections 55.54(a) and (b), Family Code, are
  amended to read as follows:
         (a)  If the juvenile court issues a placement order under
  Section 55.52(a), the court shall order the probation department to
  send copies of any information in the possession of the department
  and relevant to the issue of the child's mental illness or
  intellectual disability [mental retardation] to the public or
  private facility or outpatient center, as appropriate.
         (b)  Not later than the 75th day after the date the court
  issues a placement order under Section 55.52(a), the public or
  private facility or outpatient center, as appropriate, shall submit
  to the court a report that:
               (1)  describes the treatment of the child provided by
  the facility or center; and
               (2)  states the opinion of the director of the facility
  or center as to whether the child has a mental illness or an
  intellectual disability [is mentally ill or mentally retarded].
         SECTION 1.021.  Section 55.55, Family Code, is amended to
  read as follows:
         Sec. 55.55.  REPORT THAT CHILD DOES NOT HAVE MENTAL ILLNESS
  OR INTELLECTUAL DISABILITY [IS NOT MENTALLY ILL OR MENTALLY
  RETARDED]; HEARING ON OBJECTION. (a) If a report submitted under
  Section 55.54(b) states that a child does not have a mental illness
  or an intellectual disability [mental retardation], the juvenile
  court shall discharge the child unless:
               (1)  an adjudication hearing was conducted concerning
  conduct that included a violation of a penal law listed in Section
  53.045(a) and a petition was approved by a grand jury under Section
  53.045; and
               (2)  the prosecuting attorney objects in writing not
  later than the second day after the date the attorney receives a
  copy of the report under Section 55.54(c).
         (b)  On objection by the prosecuting attorney under
  Subsection (a), the juvenile court shall hold a hearing without a
  jury to determine whether the child has a mental illness or an
  intellectual disability [mental retardation] and whether the child
  meets the commitment criteria for civil commitment under Subtitle C
  or D, Title 7, Health and Safety Code.
         (c)  At the hearing, the burden is on the state to prove by
  clear and convincing evidence that the child has a mental illness or
  an intellectual disability [mental retardation] and that the child
  meets the commitment criteria for civil commitment under Subtitle C
  or D, Title 7, Health and Safety Code.
         (d)  If, after a hearing, the court finds that the child does
  not have a mental illness or an intellectual disability [mental
  retardation] and that the child does not meet the commitment
  criteria under Subtitle C or D, Title 7, Health and Safety Code, the
  court shall discharge the child.
         (e)  If, after a hearing, the court finds that the child has a
  mental illness or an intellectual disability [mental retardation]
  and that the child meets the commitment criteria under Subtitle C or
  D, Title 7, Health and Safety Code, the court shall issue an
  appropriate commitment order.
         SECTION 1.022.  Section 55.59, Family Code, is amended to
  read as follows:
         Sec. 55.59.  REPORT THAT CHILD HAS INTELLECTUAL DISABILITY 
  [MENTAL RETARDATION]; INITIATION OF COMMITMENT PROCEEDINGS. If a
  report submitted under Section 55.54(b) states that a child has an
  intellectual disability [mental retardation] and that the child
  meets the commitment criteria for civil commitment under Subtitle
  D, Title 7, Health and Safety Code, the director of the residential
  care facility shall submit to the court an affidavit stating the
  conclusions reached as a result of the diagnosis. On receipt of an
  affidavit, the juvenile court shall:
               (1)  initiate proceedings in the juvenile court as
  provided by Section 55.60 for commitment of the child under
  Subtitle D, Title 7, Health and Safety Code; or
               (2)  refer the child's case to the appropriate court as
  provided by Section 55.61 for the initiation of proceedings in that
  court for commitment of the child under Subtitle D, Title 7, Health
  and Safety Code.
         SECTION 1.023.  The heading to Section 55.60, Family Code,
  is amended to read as follows:
         Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
  CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION].
         SECTION 1.024.  Section 55.60(c), Family Code, is amended to
  read as follows:
         (c)  On receipt of the court's order, the [Texas] Department
  of Aging and Disability Services [Mental Health and Mental
  Retardation] or the appropriate community center shall admit the
  child to a residential care facility.
         SECTION 1.025.  The heading to Section 55.61, Family Code,
  is amended to read as follows:
         Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR
  CHILDREN WITH INTELLECTUAL DISABILITY [MENTAL RETARDATION].
         SECTION 1.026.  Section 55.61(a), Family Code, is amended to
  read as follows:
         (a)  If the juvenile court refers the child's case to an
  appropriate court for the initiation of commitment proceedings
  under Section 55.59(2), the juvenile court shall:
               (1)  send all papers relating to the child's
  intellectual disability [mental retardation] to the clerk of the
  court to which the case is referred;
               (2)  send to the office of the appropriate county
  attorney or, if a county attorney is not available, to the office of
  the appropriate district attorney, copies of all papers sent to the
  clerk of the court under Subdivision (1); and
               (3)  if the child is in detention:
                     (A)  order the child released from detention to
  the child's home or another appropriate place;
                     (B)  order the child detained in an appropriate
  place other than a juvenile detention facility; or
                     (C)  if an appropriate place to release or detain
  the child as described by Paragraph (A) or (B) is not available,
  order the child to remain in the juvenile detention facility
  subject to further detention orders of the court.
         SECTION 1.027.  Section 101.0021, Family Code, is
  redesignated as Section 101.036, Family Code, and amended to read
  as follows:
         Sec. 101.036 [101.0021].  [BUREAU OF] VITAL STATISTICS
  UNIT. "Vital [Bureau of vital] statistics unit" means the [bureau
  of] vital statistics unit of the [Texas] Department of State Health
  Services.
         SECTION 1.028.  Section 101.017, Family Code, is amended to
  read as follows:
         Sec. 101.017.  LICENSED CHILD PLACING AGENCY. "Licensed
  child placing agency" means a person, including an organization
  [private association,] or corporation, licensed or certified under
  Chapter 42, Human Resources Code, [approved] by the Department of
  Family and Protective Services to place a child in a child-care
  facility, agency foster home, agency foster group home, or adoptive
  home [children for adoption through a license, certification, or
  other means].
         SECTION 1.029.  Section 102.003(a), Family Code, is amended
  to read as follows:
         (a)  An original suit may be filed at any time by:
               (1)  a parent of the child;
               (2)  the child through a representative authorized by
  the court;
               (3)  a custodian or person having the right of
  visitation with or access to the child appointed by an order of a
  court of another state or country;
               (4)  a guardian of the person or of the estate of the
  child;
               (5)  a governmental entity;
               (6)  the Department of Family and Protective Services
  [an authorized agency];
               (7)  a licensed child placing agency;
               (8)  a man alleging himself to be the father of a child
  filing in accordance with Chapter 160, subject to the limitations
  of that chapter, but not otherwise;
               (9)  a person, other than a foster parent, who has had
  actual care, control, and possession of the child for at least six
  months ending not more than 90 days preceding the date of the filing
  of the petition;
               (10)  a person designated as the managing conservator
  in a revoked or unrevoked affidavit of relinquishment under Chapter
  161 or to whom consent to adoption has been given in writing under
  Chapter 162;
               (11)  a person with whom the child and the child's
  guardian, managing conservator, or parent have resided for at least
  six months ending not more than 90 days preceding the date of the
  filing of the petition if the child's guardian, managing
  conservator, or parent is deceased at the time of the filing of the
  petition;
               (12)  a person who is the foster parent of a child
  placed by the Department of Family and Protective Services in the
  person's home for at least 12 months ending not more than 90 days
  preceding the date of the filing of the petition;
               (13)  a person who is a relative of the child within the
  third degree by consanguinity, as determined by Chapter 573,
  Government Code, if the child's parents are deceased at the time of
  the filing of the petition; or
               (14)  a person who has been named as a prospective
  adoptive parent of a child by a pregnant woman or the parent of the
  child, in a verified written statement to confer standing executed
  under Section 102.0035, regardless of whether the child has been
  born.
         SECTION 1.030.  Section 102.011(b), Family Code, is amended
  to read as follows:
         (b)  The court may also exercise personal jurisdiction over a
  person on whom service of citation is required or over the person's
  personal representative, although the person is not a resident or
  domiciliary of this state, if:
               (1)  the person is personally served with citation in
  this state;
               (2)  the person submits to the jurisdiction of this
  state by consent, by entering a general appearance, or by filing a
  responsive document having the effect of waiving any contest to
  personal jurisdiction;
               (3)  the child resides in this state as a result of the
  acts or directives of the person;
               (4)  the person resided with the child in this state;
               (5)  the person resided in this state and provided
  prenatal expenses or support for the child;
               (6)  the person engaged in sexual intercourse in this
  state and the child may have been conceived by that act of
  intercourse;
               (7)  the person, as provided by Chapter 160:
                     (A)  registered with the paternity registry
  maintained by the [bureau of] vital statistics unit; or
                     (B)  signed an acknowledgment of paternity of a
  child born in this state; or
               (8)  there is any basis consistent with the
  constitutions of this state and the United States for the exercise
  of the personal jurisdiction.
         SECTION 1.031.  Section 107.001(5), Family Code, is amended
  to read as follows:
               (5)  "Guardian ad litem" means a person appointed to
  represent the best interests of a child. The term includes:
                     (A)  a volunteer advocate from a charitable
  organization described by [appointed under] Subchapter C who is
  appointed by the court as the child's guardian ad litem;
                     (B)  a professional, other than an attorney, who
  holds a relevant professional license and whose training relates to
  the determination of a child's best interests;
                     (C)  an adult having the competence, training, and
  expertise determined by the court to be sufficient to represent the
  best interests of the child; or
                     (D)  an attorney ad litem appointed to serve in
  the dual role.
         SECTION 1.032.  Section 107.002(c), Family Code, is amended
  to read as follows:
         (c)  A guardian ad litem appointed for the child under this
  chapter is entitled to:
               (1)  receive a copy of each pleading or other paper
  filed with the court in the case in which the guardian ad litem is
  appointed;
               (2)  receive notice of each hearing in the case;
               (3)  participate in case staffings by the Department of
  Family and Protective Services [an authorized agency] concerning
  the child;
               (4)  attend all legal proceedings in the case but may
  not call or question a witness or otherwise provide legal services
  unless the guardian ad litem is a licensed attorney who has been
  appointed in the dual role;
               (5)  review and sign, or decline to sign, an agreed
  order affecting the child; and
               (6)  explain the basis for the guardian ad litem's
  opposition to the agreed order if the guardian ad litem does not
  agree to the terms of a proposed order.
         SECTION 1.033.  Section 107.003(a), Family Code, is amended
  to read as follows:
         (a)  An attorney ad litem appointed to represent a child or
  an amicus attorney appointed to assist the court:
               (1)  shall:
                     (A)  subject to Rules 4.02, 4.03, and 4.04, Texas
  Disciplinary Rules of Professional Conduct, and within a reasonable
  time after the appointment, interview:
                           (i)  the child in a developmentally
  appropriate manner, if the child is four years of age or older;
                           (ii)  each person who has significant
  knowledge of the child's history and condition, including any
  foster parent of the child; and
                           (iii)  the parties to the suit;
                     (B)  seek to elicit in a developmentally
  appropriate manner the child's expressed objectives of
  representation;
                     (C)  consider the impact on the child in
  formulating the attorney's presentation of the child's expressed
  objectives of representation to the court;
                     (D)  investigate the facts of the case to the
  extent the attorney considers appropriate;
                     (E)  obtain and review copies of relevant records
  relating to the child as provided by Section 107.006;
                     (F)  participate in the conduct of the litigation
  to the same extent as an attorney for a party;
                     (G)  take any action consistent with the child's
  interests that the attorney considers necessary to expedite the
  proceedings;
                     (H)  encourage settlement and the use of
  alternative forms of dispute resolution; and
                     (I)  review and sign, or decline to sign, a
  proposed or agreed order affecting the child;
               (2)  must be trained in child advocacy or have
  experience determined by the court to be equivalent to that
  training; and
               (3)  is entitled to:
                     (A)  request clarification from the court if the
  role of the attorney is ambiguous;
                     (B)  request a hearing or trial on the merits;
                     (C)  consent or refuse to consent to an interview
  of the child by another attorney;
                     (D)  receive a copy of each pleading or other
  paper filed with the court;
                     (E)  receive notice of each hearing in the suit;
                     (F)  participate in any case staffing concerning
  the child conducted by the Department of Family and Protective
  Services [an authorized agency]; and
                     (G)  attend all legal proceedings in the suit.
         SECTION 1.034.  Section 108.001, Family Code, is amended to
  read as follows:
         Sec. 108.001.  TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a)
  Except as provided by this chapter, the clerk of the court shall
  transmit to the [bureau of] vital statistics unit a certified
  record of the order rendered in a suit, together with the name and
  all prior names, birth date, and place of birth of the child on a
  form provided by the unit [bureau]. The form shall be completed by
  the petitioner and submitted to the clerk at the time the order is
  filed for record.
         (b)  The [bureau of] vital statistics unit shall maintain
  these records in a central file according to the name, birth date,
  and place of birth of the child, the court that rendered the order,
  and the docket number of the suit.
         (c)  Except as otherwise provided by law, the records
  required under this section to be maintained by the [bureau of]
  vital statistics unit are confidential.
         (d)  In a Title IV-D case, the Title IV-D agency may transmit
  the record and information specified by Subsection (a) to the
  [bureau of] vital statistics unit, with a copy to the clerk of the
  court on request by the clerk. The record and information are not
  required to be certified if transmitted by the Title IV-D agency
  under this subsection.
         SECTION 1.035.  Section 108.003, Family Code, is amended to
  read as follows:
         Sec. 108.003.  TRANSMITTAL OF INFORMATION REGARDING
  ADOPTION. (a) The clerk of a court that renders a decree of
  adoption shall, not later than the 10th day of the first month after
  the month in which the adoption is rendered, transmit to the central
  registry of the [bureau of] vital statistics unit a certified
  report of adoption that includes:
               (1)  the name of the adopted child after adoption as
  shown in the adoption order;
               (2)  the birth date of the adopted child;
               (3)  the docket number of the adoption suit;
               (4)  the identity of the court rendering the adoption;
               (5)  the date of the adoption order;
               (6)  the name and address of each parent, guardian,
  managing conservator, or other person whose consent to adoption was
  required or waived under Chapter 162, or whose parental rights were
  terminated in the adoption suit;
               (7)  the identity of the licensed child placing agency,
  if any, through which the adopted child was placed for adoption; and
               (8)  the identity, address, and telephone number of the
  registry through which the adopted child may register as an
  adoptee.
         (b)  Except as otherwise provided by law, for good cause
  shown, or on an order of the court that granted the adoption or
  terminated the proceedings under Section 155.001, the records
  concerning a child maintained by the district clerk after rendition
  of a decree of adoption, the records of a child-placing agency that
  has ceased operations, and the records required under this section
  to be maintained by the [bureau of] vital statistics unit are
  confidential, and no person is entitled to access to or information
  from these records.
         (c)  If the [bureau of] vital statistics unit determines that
  a report filed with the unit [bureau] under this section requires
  correction, the unit [bureau] shall mail the report directly to an
  attorney of record with respect to the adoption. The attorney shall
  return the corrected report to the unit [bureau]. If there is no
  attorney of record, the unit [bureau] shall mail the report to the
  clerk of the court for correction.
         SECTION 1.036.  Section 108.004, Family Code, is amended to
  read as follows:
         Sec. 108.004.  TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
  On the loss of jurisdiction of a court under Chapter 155, 159, or
  262, the clerk of the court shall transmit to the central registry
  of the [bureau of] vital statistics unit a certified record, on a
  form provided by the unit [bureau], stating that jurisdiction has
  been lost, the reason for the loss of jurisdiction, and the name and
  all previous names, date of birth, and place of birth of the child.
         SECTION 1.037.  The heading to Section 108.005, Family Code,
  is amended to read as follows:
         Sec. 108.005.  ADOPTION RECORDS RECEIVED BY [BUREAU OF]
  VITAL STATISTICS UNIT.
         SECTION 1.038.  Section 108.005(a), Family Code, is amended
  to read as follows:
         (a)  When the [bureau of] vital statistics unit receives a
  record from the district clerk showing that continuing, exclusive
  jurisdiction of a child has been lost due to the adoption of the
  child, the unit [bureau] shall close the records concerning that
  child.
         SECTION 1.039.  Sections 108.006(a), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  The Department of State Health Services [bureau of vital
  statistics] may charge a reasonable fee to cover the cost of
  determining and sending information concerning the identity of the
  court with continuing, exclusive jurisdiction.
         (c)  The clerk shall send the fees collected under Subsection
  (b) to the Department of State Health Services [bureau of vital
  statistics] for deposit in a special fund in the state treasury from
  which the legislature may appropriate money only to operate and
  maintain the central file and central registry of the vital
  statistics unit [bureau].
         (d)  The receipts from the fees charged under Subsection (a)
  shall be deposited in a financial institution as determined by the
  Department of State Health Services [director of the bureau of
  vital statistics] and withdrawn as necessary for the sole purpose
  of operating and maintaining the central record file.
         SECTION 1.040.  Section 108.007, Family Code, is amended to
  read as follows:
         Sec. 108.007.  MICROFILM. (a) The [bureau of] vital
  statistics unit may use microfilm or other suitable means for
  maintaining the central record file.
         (b)  A certified reproduction of a document maintained by the
  [bureau of] vital statistics unit is admissible in evidence as the
  original document.
         SECTION 1.041.  Section 108.008(a), Family Code, is amended
  to read as follows:
         (a)  On a determination of paternity, the petitioner shall
  provide the clerk of the court in which the order was rendered the
  information necessary to prepare the report of determination of
  paternity. The clerk shall:
               (1)  prepare the report on a form provided by the vital
  statistics unit [Bureau of Vital Statistics]; and
               (2)  complete the report immediately after the order
  becomes final.
         SECTION 1.042.  Section 108.110, Family Code, is amended to
  read as follows:
         Sec. 108.110.  RELEASE OF INFORMATION BY [BUREAU OF] VITAL
  STATISTICS UNIT. (a) The [bureau of] vital statistics unit shall
  provide to the Department of Family and Protective [and Regulatory]
  Services:
               (1)  adoption information as necessary for the
  department to comply with federal law or regulations regarding the
  compilation or reporting of adoption information to federal
  officials; and
               (2)  other information as necessary for the department
  to administer its duties.
         (b)  The unit [bureau] may release otherwise confidential
  information from the unit's [bureau's] central record files to
  another governmental entity that has a specific need for the
  information and maintains appropriate safeguards to prevent
  further dissemination of the information.
         SECTION 1.043.  Section 153.005(b), Family Code, is amended
  to read as follows:
         (b)  A managing conservator must be a parent, a competent
  adult, the Department of Family and Protective Services [an
  authorized agency], or a licensed child-placing agency.
         SECTION 1.044.  Section 153.371, Family Code, is amended to
  read as follows:
         Sec. 153.371.  RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
  SOLE MANAGING CONSERVATOR. Unless limited by court order or other
  provisions of this chapter, a nonparent, a licensed child-placing
  agency, or the Department of Family and Protective Services
  [authorized agency] appointed as a managing conservator of the
  child has the following rights and duties:
               (1)  the right to have physical possession and to
  direct the moral and religious training of the child;
               (2)  the duty of care, control, protection, and
  reasonable discipline of the child;
               (3)  the duty to provide the child with clothing, food,
  shelter, education, and medical, psychological, and dental care;
               (4)  the right to consent for the child to medical,
  psychiatric, psychological, dental, and surgical treatment and to
  have access to the child's medical records;
               (5)  the right to receive and give receipt for payments
  for the support of the child and to hold or disburse funds for the
  benefit of the child;
               (6)  the right to the services and earnings of the
  child;
               (7)  the right to consent to marriage and to enlistment
  in the armed forces of the United States;
               (8)  the right to represent the child in legal action
  and to make other decisions of substantial legal significance
  concerning the child;
               (9)  except when a guardian of the child's estate or a
  guardian or attorney ad litem has been appointed for the child, the
  right to act as an agent of the child in relation to the child's
  estate if the child's action is required by a state, the United
  States, or a foreign government;
               (10)  the right to designate the primary residence of
  the child and to make decisions regarding the child's education;
  and
               (11)  if the parent-child relationship has been
  terminated with respect to the parents, or only living parent, or if
  there is no living parent, the right to consent to the adoption of
  the child and to make any other decision concerning the child that a
  parent could make.
         SECTION 1.045.  Section 153.372(a), Family Code, is amended
  to read as follows:
         (a)  A nonparent, the Department of Family and Protective
  Services [authorized agency], or a licensed child-placing agency
  appointed as a joint managing conservator may serve in that
  capacity with either another nonparent or with a parent of the
  child.
         SECTION 1.046.  Section 153.373, Family Code, is amended to
  read as follows:
         Sec. 153.373.  VOLUNTARY SURRENDER OF POSSESSION REBUTS
  PARENTAL PRESUMPTION. The presumption that a parent should be
  appointed or retained as managing conservator of the child is
  rebutted if the court finds that:
               (1)  the parent has voluntarily relinquished actual
  care, control, and possession of the child to a nonparent, a
  licensed child-placing agency, or the Department of Family and
  Protective Services [authorized agency] for a period of one year or
  more, a portion of which was within 90 days preceding the date of
  intervention in or filing of the suit; and
               (2)  the appointment of the nonparent, [or] agency, or
  Department of Family and Protective Services as managing
  conservator is in the best interest of the child.
         SECTION 1.047.  Section 153.374, Family Code, is amended to
  read as follows:
         Sec. 153.374.  DESIGNATION OF MANAGING CONSERVATOR IN
  AFFIDAVIT OF RELINQUISHMENT. (a) A parent may designate a
  competent person, the Department of Family and Protective Services
  [authorized agency], or a licensed child-placing agency to serve as
  managing conservator of the child in an unrevoked or irrevocable
  affidavit of relinquishment of parental rights executed as provided
  by Chapter 161.
         (b)  The person, Department of Family and Protective
  Services, or agency designated to serve as managing conservator
  shall be appointed managing conservator unless the court finds that
  the appointment would not be in the best interest of the child.
         SECTION 1.048.  Section 153.376(a), Family Code, is amended
  to read as follows:
         (a)  Unless limited by court order or other provisions of
  this chapter, a nonparent, a licensed child-placing agency, or the
  Department of Family and Protective Services [authorized agency]
  appointed as a possessory conservator has the following rights and
  duties during the period of possession:
               (1)  the duty of care, control, protection, and
  reasonable discipline of the child;
               (2)  the duty to provide the child with clothing, food,
  and shelter; and
               (3)  the right to consent to medical, dental, and
  surgical treatment during an emergency involving an immediate
  danger to the health and safety of the child.
         SECTION 1.049.  Section 153.434, Family Code, is amended to
  read as follows:
         Sec. 153.434.  LIMITATION ON RIGHT TO REQUEST POSSESSION OR
  ACCESS. A biological or adoptive grandparent may not request
  possession of or access to a grandchild if:
               (1)  each of the biological parents of the grandchild
  has:
                     (A)  died;
                     (B)  had the person's parental rights terminated;
  or
                     (C)  executed an affidavit of waiver of interest
  in child or an affidavit of relinquishment of parental rights under
  Chapter 161 and the affidavit designates the Department of Family
  and Protective Services [an authorized agency], a licensed
  child-placing agency, or a person other than the child's stepparent
  as the managing conservator of the child; and
               (2)  the grandchild has been adopted, or is the subject
  of a pending suit for adoption, by a person other than the child's
  stepparent.
         SECTION 1.050.  Section 155.004(a), Family Code, is amended
  to read as follows:
         (a)  A court of this state loses its continuing, exclusive
  jurisdiction to modify its order if:
               (1)  an order of adoption is rendered after the court
  acquires continuing, exclusive jurisdiction of the suit;
               (2)  the parents of the child have remarried each other
  after the dissolution of a previous marriage between them and file a
  suit for the dissolution of their subsequent marriage combined with
  a suit affecting the parent-child relationship as if there had not
  been a prior court with continuing, exclusive jurisdiction over the
  child; or
               (3)  another court assumed jurisdiction over a suit and
  rendered a final order based on incorrect information received from
  the [bureau of] vital statistics unit that there was no court of
  continuing, exclusive jurisdiction.
         SECTION 1.051.  Sections 155.101(a), (b), and (d), Family
  Code, are amended to read as follows:
         (a)  The petitioner or the court shall request from the
  [bureau of] vital statistics unit identification of the court that
  last had continuing, exclusive jurisdiction of the child in a suit
  unless:
               (1)  the petition alleges that no court has continuing,
  exclusive jurisdiction of the child and the issue is not disputed by
  the pleadings; or
               (2)  the petition alleges that the court in which the
  suit or petition to modify has been filed has acquired and retains
  continuing, exclusive jurisdiction of the child as the result of a
  prior proceeding and the issue is not disputed by the pleadings.
         (b)  The [bureau of] vital statistics unit shall, on the
  written request of the court, an attorney, or a party:
               (1)  identify the court that last had continuing,
  exclusive jurisdiction of the child in a suit and give the docket
  number of the suit; or
               (2)  state that the child has not been the subject of a
  suit.
         (d)  The [bureau of] vital statistics unit shall transmit the
  information not later than the 10th day after the date on which the
  request is received.
         SECTION 1.052.  Section 155.103, Family Code, is amended to
  read as follows:
         Sec. 155.103.  RELIANCE ON [BUREAU OF] VITAL STATISTICS UNIT
  INFORMATION. (a) A court shall have jurisdiction over a suit if it
  has been, correctly or incorrectly, informed by the [bureau of]
  vital statistics unit that the child has not been the subject of a
  suit and the petition states that no other court has continuing,
  exclusive jurisdiction over the child.
         (b)  If the [bureau of] vital statistics unit notifies the
  court that the unit [bureau] has furnished incorrect information
  regarding the existence of another court with continuing, exclusive
  jurisdiction before the rendition of a final order, the provisions
  of this chapter apply.
         SECTION 1.053.  Section 155.104, Family Code, is amended to
  read as follows:
         Sec. 155.104.  VOIDABLE ORDER. (a) If a request for
  information from the [bureau of] vital statistics unit relating to
  the identity of the court having continuing, exclusive jurisdiction
  of the child has been made under this subchapter, a final order,
  except an order of dismissal, may not be rendered until the
  information is filed with the court.
         (b)  If a final order is rendered in the absence of the filing
  of the information from the [bureau of] vital statistics unit, the
  order is voidable on a showing that a court other than the court
  that rendered the order had continuing, exclusive jurisdiction.
         SECTION 1.054.  Section 159.201(a), Family Code, is amended
  to read as follows:
         (a)  In a proceeding to establish or enforce a support order
  or to determine parentage, a tribunal of this state may exercise
  personal jurisdiction over a nonresident individual or the
  individual's guardian or conservator if:
               (1)  the individual is personally served with citation
  in this state;
               (2)  the individual submits to the jurisdiction of this
  state by consent, by entering a general appearance, or by filing a
  responsive document having the effect of waiving any contest to
  personal jurisdiction;
               (3)  the individual resided with the child in this
  state;
               (4)  the individual resided in this state and provided
  prenatal expenses or support for the child;
               (5)  the child resides in this state as a result of the
  acts or directives of the individual;
               (6)  the individual engaged in sexual intercourse in
  this state and the child may have been conceived by that act of
  intercourse;
               (7)  the individual asserted parentage in the paternity
  registry maintained in this state by the [bureau of] vital
  statistics unit; or
               (8)  there is any other basis consistent with the
  constitutions of this state and the United States for the exercise
  of personal jurisdiction.
         SECTION 1.055.  Section 160.204(a), Family Code, is amended
  to read as follows:
         (a)  A man is presumed to be the father of a child if:
               (1)  he is married to the mother of the child and the
  child is born during the marriage;
               (2)  he is married to the mother of the child and the
  child is born before the 301st day after the date the marriage is
  terminated by death, annulment, declaration of invalidity, or
  divorce;
               (3)  he married the mother of the child before the birth
  of the child in apparent compliance with law, even if the attempted
  marriage is or could be declared invalid, and the child is born
  during the invalid marriage or before the 301st day after the date
  the marriage is terminated by death, annulment, declaration of
  invalidity, or divorce;
               (4)  he married the mother of the child after the birth
  of the child in apparent compliance with law, regardless of whether
  the marriage is or could be declared invalid, he voluntarily
  asserted his paternity of the child, and:
                     (A)  the assertion is in a record filed with the
  [bureau of] vital statistics unit;
                     (B)  he is voluntarily named as the child's father
  on the child's birth certificate; or
                     (C)  he promised in a record to support the child
  as his own; or
               (5)  during the first two years of the child's life, he
  continuously resided in the household in which the child resided
  and he represented to others that the child was his own.
         SECTION 1.056.  Section 160.302(b), Family Code, is amended
  to read as follows:
         (b)  An acknowledgment of paternity is void if it:
               (1)  states that another man is a presumed father of the
  child, unless a denial of paternity signed or otherwise
  authenticated by the presumed father is filed with the [bureau of]
  vital statistics unit;
               (2)  states that another man is an acknowledged or
  adjudicated father of the child; or
               (3)  falsely denies the existence of a presumed,
  acknowledged, or adjudicated father of the child.
         SECTION 1.057.  Section 160.304(c), Family Code, is amended
  to read as follows:
         (c)  Subject to Subsection (a), an acknowledgment of
  paternity or denial of paternity takes effect on the date of the
  birth of the child or the filing of the document with the [bureau
  of] vital statistics unit, whichever occurs later.
         SECTION 1.058.  Section 160.305, Family Code, is amended to
  read as follows:
         Sec. 160.305.  EFFECT OF ACKNOWLEDGMENT OR DENIAL OF
  PATERNITY. (a) Except as provided by Sections 160.307 and 160.308,
  a valid acknowledgment of paternity filed with the [bureau of]
  vital statistics unit is the equivalent of an adjudication of the
  paternity of a child and confers on the acknowledged father all
  rights and duties of a parent.
         (b)  Except as provided by Sections 160.307 and 160.308, a
  valid denial of paternity filed with the [bureau of] vital
  statistics unit in conjunction with a valid acknowledgment of
  paternity is the equivalent of an adjudication of the nonpaternity
  of the presumed father and discharges the presumed father from all
  rights and duties of a parent.
         SECTION 1.059.  Section 160.306, Family Code, is amended to
  read as follows:
         Sec. 160.306.  FILING FEE NOT REQUIRED. The Department of
  State Health Services [bureau of vital statistics] may not charge a
  fee for filing:
               (1)  an acknowledgment of paternity;
               (2)  a denial of paternity; or
               (3)  a rescission of an acknowledgment of paternity or
  denial of paternity.
         SECTION 1.060.  Sections 160.307(b) and (c), Family Code,
  are amended to read as follows:
         (b)  A signatory seeking to rescind an acknowledgment of
  paternity or denial of paternity must file with the [bureau of]
  vital statistics unit a completed rescission, on the form
  prescribed under Section 160.312, in which the signatory declares
  under penalty of perjury that:
               (1)  as of the date the rescission is filed, a
  proceeding has not been held affecting the child identified in the
  acknowledgment of paternity or denial of paternity, including a
  proceeding to establish child support;
               (2)  a copy of the completed rescission was sent by
  certified or registered mail, return receipt requested, to:
                     (A)  if the rescission is of an acknowledgment of
  paternity, the other signatory of the acknowledgment of paternity
  and the signatory of any related denial of paternity; or
                     (B)  if the rescission is of a denial of
  paternity, the signatories of the related acknowledgment of
  paternity; and
               (3)  if a signatory to the acknowledgment of paternity
  or denial of paternity is receiving services from the Title IV-D
  agency, a copy of the completed rescission was sent by certified or
  registered mail to the Title IV-D agency.
         (c)  On receipt of a completed rescission, the [bureau of]
  vital statistics unit shall void the acknowledgment of paternity or
  denial of paternity affected by the rescission and amend the birth
  record of the child, if appropriate.
         SECTION 1.061.  Sections 160.309(b) and (e), Family Code,
  are amended to read as follows:
         (b)  For purposes of a challenge to an acknowledgment of
  paternity or denial of paternity, a signatory submits to the
  personal jurisdiction of this state by signing the acknowledgment
  or denial. The jurisdiction is effective on the filing of the
  document with the [bureau of] vital statistics unit.
         (e)  At the conclusion of a proceeding to challenge an
  acknowledgment of paternity or a denial of paternity, the court
  shall order the [bureau of] vital statistics unit to amend the birth
  record of the child, if appropriate.
         SECTION 1.062.  Section 160.312(a), Family Code, is amended
  to read as follows:
         (a)  To facilitate compliance with this subchapter, the
  [bureau of] vital statistics unit shall prescribe forms for the:
               (1)  acknowledgment of paternity;
               (2)  denial of paternity; and
               (3)  rescission of an acknowledgment or denial of
  paternity.
         SECTION 1.063.  Section 160.313, Family Code, is amended to
  read as follows:
         Sec. 160.313.  RELEASE OF INFORMATION. The [bureau of]
  vital statistics unit may release information relating to the
  acknowledgment of paternity or denial of paternity to a signatory
  of the acknowledgment or denial and to the courts and Title IV-D
  agency of this or another state.
         SECTION 1.064.  Section 160.314, Family Code, is amended to
  read as follows:
         Sec. 160.314.  ADOPTION OF RULES. The Title IV-D agency and
  the executive commissioner of the Health and Human Services
  Commission [bureau of vital statistics] may adopt rules to
  implement this subchapter.
         SECTION 1.065.  Section 160.315, Family Code, is amended to
  read as follows:
         Sec. 160.315.  MEMORANDUM OF UNDERSTANDING. (a) The Title
  IV-D agency and the [bureau of] vital statistics unit shall adopt a
  memorandum of understanding governing the collection and transfer
  of information for the voluntary acknowledgment of paternity.
         (b)  The Title IV-D agency and the [bureau of] vital
  statistics unit shall review the memorandum semiannually and renew
  or modify the memorandum as necessary.
         SECTION 1.066.  Section 160.401, Family Code, is amended to
  read as follows:
         Sec. 160.401.  ESTABLISHMENT OF REGISTRY. A registry of
  paternity is established in the [bureau of] vital statistics unit.
         SECTION 1.067.  Section 160.402(c), Family Code, is amended
  to read as follows:
         (c)  A registrant shall promptly notify the registry in a
  record of any change in the information provided by the registrant.
  The [bureau of] vital statistics unit shall incorporate all new
  information received into its records but is not required to
  affirmatively seek to obtain current information for incorporation
  in the registry.
         SECTION 1.068.  Section 160.404, Family Code, is amended to
  read as follows:
         Sec. 160.404.  TERMINATION OF PARENTAL RIGHTS: FAILURE TO
  REGISTER. The parental rights of a man alleged to be the father of a
  child may be terminated without notice as provided by Section
  161.002 if the man:
               (1)  did not timely register with the [bureau of] vital
  statistics unit; and
               (2)  is not entitled to notice under Section 160.402 or
  161.002.
         SECTION 1.069.  Section 160.411, Family Code, is amended to
  read as follows:
         Sec. 160.411.  REQUIRED FORM. The [bureau of] vital
  statistics unit shall adopt a form for registering with the
  registry. The form must require the signature of the registrant.
  The form must state that:
               (1)  the form is signed under penalty of perjury;
               (2)  a timely registration entitles the registrant to
  notice of a proceeding for adoption of the child or for termination
  of the registrant's parental rights;
               (3)  a timely registration does not commence a
  proceeding to establish paternity;
               (4)  the information disclosed on the form may be used
  against the registrant to establish paternity;
               (5)  services to assist in establishing paternity are
  available to the registrant through the support enforcement agency;
               (6)  the registrant should also register in another
  state if the conception or birth of the child occurred in the other
  state;
               (7)  information on registries in other states is
  available from the [bureau of] vital statistics unit; and
               (8)  procedures exist to rescind the registration of a
  claim of paternity.
         SECTION 1.070.  Section 160.412(a), Family Code, is amended
  to read as follows:
         (a)  The [bureau of] vital statistics unit is not required to
  attempt to locate the mother of a child who is the subject of a
  registration. The [bureau of] vital statistics unit shall send a
  copy of the notice of the registration to a mother who has provided
  an address.
         SECTION 1.071.  Section 160.415, Family Code, is amended to
  read as follows:
         Sec. 160.415.  UNTIMELY REGISTRATION. If a man registers
  later than the 31st day after the date of the birth of the child, the
  [bureau of] vital statistics unit shall notify the registrant that
  the registration was not timely filed.
         SECTION 1.072.  Section 160.416(b), Family Code, is amended
  to read as follows:
         (b)  Except as otherwise provided by Subsection (c), the
  [bureau of] vital statistics unit may charge a reasonable fee for
  making a search of the registry and for furnishing a certificate.
         SECTION 1.073.  Section 160.421(a), Family Code, is amended
  to read as follows:
         (a)  If a father-child relationship has not been established
  under this chapter, a petitioner for the adoption of or the
  termination of parental rights regarding the child must obtain a
  certificate of the results of a search of the registry. The
  petitioner may request a search of the registry on or after the 32nd
  day after the date of the birth of the child, and the executive
  commissioner of the Health and Human Services Commission [bureau of
  vital statistics] may not by rule impose a waiting period that must
  elapse before the vital statistics unit [bureau] will conduct the
  requested search.
         SECTION 1.074.  Sections 160.422(a) and (b), Family Code,
  are amended to read as follows:
         (a)  The [bureau of] vital statistics unit shall furnish a
  certificate of the results of a search of the registry on request by
  an individual, a court, or an agency listed in Section 160.412(b).
         (b)  The certificate of the results of a search must be
  signed on behalf of the unit [bureau] and state that:
               (1)  a search has been made of the registry; and
               (2)  a registration containing the information
  required to identify the registrant:
                     (A)  has been found and is attached to the
  certificate; or
                     (B)  has not been found.
         SECTION 1.075.  Section 160.636(f), Family Code, is amended
  to read as follows:
         (f)  If the order of the court is at variance with the child's
  birth certificate, the court shall order the [bureau of] vital
  statistics unit to issue an amended birth record.
         SECTION 1.076.  Section 160.760(b), Family Code, is amended
  to read as follows:
         (b)  After receiving notice of the birth, the court shall
  render an order that:
               (1)  confirms that the intended parents are the child's
  parents;
               (2)  requires the gestational mother to surrender the
  child to the intended parents, if necessary; and
               (3)  requires the [bureau of] vital statistics unit to
  issue a birth certificate naming the intended parents as the
  child's parents.
         SECTION 1.077.  Section 160.763, Family Code, is amended to
  read as follows:
         Sec. 160.763.  HEALTH CARE FACILITY REPORTING REQUIREMENT.
  (a) The executive commissioner of the Health and Human Services
  Commission [Texas Department of Health] by rule shall develop and
  implement a confidential reporting system that requires each health
  care facility in this state at which assisted reproduction
  procedures are performed under gestational agreements to report
  statistics related to those procedures.
         (b)  In developing the reporting system, the executive
  commissioner [department] shall require each health care facility
  described by Subsection (a) to annually report:
               (1)  the number of assisted reproduction procedures
  under a gestational agreement performed at the facility during the
  preceding year; and
               (2)  the number and current status of embryos created
  through assisted reproduction procedures described by Subdivision
  (1) that were not transferred for implantation.
         SECTION 1.078.  Section 161.001, Family Code, is amended to
  read as follows:
         Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
  RELATIONSHIP. (a) In this section, "born addicted to alcohol or a
  controlled substance" means a child:
               (1)  who is born to a mother who during the pregnancy
  used a controlled substance, as defined by Chapter 481, Health and
  Safety Code, other than a controlled substance legally obtained by
  prescription, or alcohol; and
               (2)  who, after birth as a result of the mother's use of
  the controlled substance or alcohol:
                     (A)  experiences observable withdrawal from the
  alcohol or controlled substance;
                     (B)  exhibits observable or harmful effects in the
  child's physical appearance or functioning; or
                     (C)  exhibits the demonstrable presence of
  alcohol or a controlled substance in the child's bodily fluids.
         (b)  The court may order termination of the parent-child
  relationship if the court finds by clear and convincing evidence:
               (1)  that the parent has:
                     (A)  voluntarily left the child alone or in the
  possession of another not the parent and expressed an intent not to
  return;
                     (B)  voluntarily left the child alone or in the
  possession of another not the parent without expressing an intent
  to return, without providing for the adequate support of the child,
  and remained away for a period of at least three months;
                     (C)  voluntarily left the child alone or in the
  possession of another without providing adequate support of the
  child and remained away for a period of at least six months;
                     (D)  knowingly placed or knowingly allowed the
  child to remain in conditions or surroundings which endanger the
  physical or emotional well-being of the child;
                     (E)  engaged in conduct or knowingly placed the
  child with persons who engaged in conduct which endangers the
  physical or emotional well-being of the child;
                     (F)  failed to support the child in accordance
  with the parent's ability during a period of one year ending within
  six months of the date of the filing of the petition;
                     (G)  abandoned the child without identifying the
  child or furnishing means of identification, and the child's
  identity cannot be ascertained by the exercise of reasonable
  diligence;
                     (H)  voluntarily, and with knowledge of the
  pregnancy, abandoned the mother of the child beginning at a time
  during her pregnancy with the child and continuing through the
  birth, failed to provide adequate support or medical care for the
  mother during the period of abandonment before the birth of the
  child, and remained apart from the child or failed to support the
  child since the birth;
                     (I)  contumaciously refused to submit to a
  reasonable and lawful order of a court under Subchapter D, Chapter
  261;
                     (J)  been the major cause of:
                           (i)  the failure of the child to be enrolled
  in school as required by the Education Code; or
                           (ii)  the child's absence from the child's
  home without the consent of the parents or guardian for a
  substantial length of time or without the intent to return;
                     (K)  executed before or after the suit is filed an
  unrevoked or irrevocable affidavit of relinquishment of parental
  rights as provided by this chapter;
                     (L)  been convicted or has been placed on
  community supervision, including deferred adjudication community
  supervision, for being criminally responsible for the death or
  serious injury of a child under the following sections of the Penal
  Code or adjudicated under Title 3 for conduct that caused the death
  or serious injury of a child and that would constitute a violation
  of one of the following Penal Code sections:
                           (i)  Section 19.02 (murder);
                           (ii)  Section 19.03 (capital murder);
                           (iii)  Section 19.04 (manslaughter);
                           (iv)  Section 21.11 (indecency with a
  child);
                           (v)  Section 22.01 (assault);
                           (vi)  Section 22.011 (sexual assault);
                           (vii)  Section 22.02 (aggravated assault);
                           (viii)  Section 22.021 (aggravated sexual
  assault);
                           (ix)  Section 22.04 (injury to a child,
  elderly individual, or disabled individual);
                           (x)  Section 22.041 (abandoning or
  endangering child);
                           (xi)  Section 25.02 (prohibited sexual
  conduct);
                           (xii)  Section 43.25 (sexual performance by
  a child);
                           (xiii)  Section 43.26 (possession or
  promotion of child pornography);
                           (xiv)  Section 21.02 (continuous sexual
  abuse of young child or children);
                           (xv)  Section 20A.02(a)(7) or (8)
  (trafficking of persons); and
                           (xvi)  Section 43.05(a)(2) (compelling
  prostitution);
                     (M)  had his or her parent-child relationship
  terminated with respect to another child based on a finding that the
  parent's conduct was in violation of Paragraph (D) or (E) or
  substantially equivalent provisions of the law of another state;
                     (N)  constructively abandoned the child who has
  been in the permanent or temporary managing conservatorship of the
  Department of Family and Protective Services [or an authorized
  agency] for not less than six months, and:
                           (i)  the department [or authorized agency]
  has made reasonable efforts to return the child to the parent;
                           (ii)  the parent has not regularly visited
  or maintained significant contact with the child; and
                           (iii)  the parent has demonstrated an
  inability to provide the child with a safe environment;
                     (O)  failed to comply with the provisions of a
  court order that specifically established the actions necessary for
  the parent to obtain the return of the child who has been in the
  permanent or temporary managing conservatorship of the Department
  of Family and Protective Services for not less than nine months as a
  result of the child's removal from the parent under Chapter 262 for
  the abuse or neglect of the child;
                     (P)  used a controlled substance, as defined by
  Chapter 481, Health and Safety Code, in a manner that endangered the
  health or safety of the child, and:
                           (i)  failed to complete a court-ordered
  substance abuse treatment program; or
                           (ii)  after completion of a court-ordered
  substance abuse treatment program, continued to abuse a controlled
  substance;
                     (Q)  knowingly engaged in criminal conduct that
  has resulted in the parent's:
                           (i)  conviction of an offense; and
                           (ii)  confinement or imprisonment and
  inability to care for the child for not less than two years from the
  date of filing the petition;
                     (R)  been the cause of the child being born
  addicted to alcohol or a controlled substance, other than a
  controlled substance legally obtained by prescription[, as defined
  by Section 261.001];
                     (S)  voluntarily delivered the child to a
  designated emergency infant care provider under Section 262.302
  without expressing an intent to return for the child; or
                     (T)  been convicted of:
                           (i)  the murder of the other parent of the
  child under Section 19.02 or 19.03, Penal Code, or under a law of
  another state, federal law, the law of a foreign country, or the
  Uniform Code of Military Justice that contains elements that are
  substantially similar to the elements of an offense under Section
  19.02 or 19.03, Penal Code;
                           (ii)  criminal attempt under Section 15.01,
  Penal Code, or under a law of another state, federal law, the law of
  a foreign country, or the Uniform Code of Military Justice that
  contains elements that are substantially similar to the elements of
  an offense under Section 15.01, Penal Code, to commit the offense
  described by Subparagraph (i); or
                           (iii)  criminal solicitation under Section
  15.03, Penal Code, or under a law of another state, federal law, the
  law of a foreign country, or the Uniform Code of Military Justice
  that contains elements that are substantially similar to the
  elements of an offense under Section 15.03, Penal Code, of the
  offense described by Subparagraph (i); and
               (2)  that termination is in the best interest of the
  child.
         SECTION 1.079.  Section 161.002(e), Family Code, is amended
  to read as follows:
         (e)  The court shall not render an order terminating parental
  rights under Subsection (b)(2) or (3) unless the court receives
  evidence of a certificate of the results of a search of the
  paternity registry under Chapter 160 from the [bureau of] vital
  statistics unit indicating that no man has registered the intent to
  claim paternity.
         SECTION 1.080.  Section 161.003(a), Family Code, is amended
  to read as follows:
         (a)  The court may order termination of the parent-child
  relationship in a suit filed by the Department of Family and
  Protective [and Regulatory] Services if the court finds that:
               (1)  the parent has a mental or emotional illness or a
  mental deficiency that renders the parent unable to provide for the
  physical, emotional, and mental needs of the child;
               (2)  the illness or deficiency, in all reasonable
  probability, proved by clear and convincing evidence, will continue
  to render the parent unable to provide for the child's needs until
  the 18th birthday of the child;
               (3)  the department has been the temporary or sole
  managing conservator of the child of the parent for at least six
  months preceding the date of the hearing on the termination held in
  accordance with Subsection (c);
               (4)  the department has made reasonable efforts to
  return the child to the parent; and
               (5)  the termination is in the best interest of the
  child.
         SECTION 1.081.  Section 161.005(b), Family Code, is amended
  to read as follows:
         (b)  If the petition designates the Department of Family and
  Protective [and Regulatory] Services as managing conservator, the
  department shall be given service of citation. The court shall
  notify the department if the court appoints the department as the
  managing conservator of the child.
         SECTION 1.082.  Sections 161.103(c) and (e), Family Code,
  are amended to read as follows:
         (c)  The affidavit may contain:
               (1)  a waiver of process in a suit to terminate the
  parent-child relationship filed under this chapter or in a suit to
  terminate joined with a petition for adoption; and
               (2)  a consent to the placement of the child for
  adoption by the Department of Family and Protective [and
  Regulatory] Services or by a licensed child-placing agency.
         (e)  The relinquishment in an affidavit that designates the
  Department of Family and Protective [and Regulatory] Services or a
  licensed child-placing agency to serve as the managing conservator
  is irrevocable. A relinquishment in any other affidavit of
  relinquishment is revocable unless it expressly provides that it is
  irrevocable for a stated period of time not to exceed 60 days after
  the date of its execution.
         SECTION 1.083.  Section 161.104, Family Code, is amended to
  read as follows:
         Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR
  PENDING COURT APPOINTMENT. A person, licensed child-placing
  agency, or the Department of Family and Protective Services
  [authorized agency] designated managing conservator of a child in
  an irrevocable or unrevoked affidavit of relinquishment has a right
  to possession of the child superior to the right of the person
  executing the affidavit, the right to consent to medical, surgical,
  dental, and psychological treatment of the child, and the rights
  and duties given by Chapter 153 to a possessory conservator until
  such time as these rights and duties are modified or terminated by
  court order.
         SECTION 1.084.  Section 161.106(e), Family Code, is amended
  to read as follows:
         (e)  An affidavit of waiver of interest in a child may be used
  in a suit in which the affiant attempts to establish an interest in
  the child. The affidavit may not be used in a suit brought by
  another person, licensed child-placing agency, or the Department of
  Family and Protective Services [authorized agency] to establish the
  affiant's paternity of the child.
         SECTION 1.085.  Section 161.108(a), Family Code, is amended
  to read as follows:
         (a)  Before or at the time an affidavit of relinquishment of
  parental rights under Section 161.103 is executed, the mother of a
  newborn child may authorize the release of the child from the
  hospital or birthing center to a licensed child-placing agency, the
  Department of Family and Protective [and Regulatory] Services, or
  another designated person.
         SECTION 1.086.  Section 161.109, Family Code, is amended to
  read as follows:
         Sec. 161.109.  REQUIREMENT OF PATERNITY REGISTRY
  CERTIFICATE. (a) If a parent-child relationship does not exist
  between the child and any man, a certificate from the [bureau of]
  vital statistics unit signed by the registrar that a diligent
  search has been made of the paternity registry maintained by the
  unit [bureau] and that a registration has not been found pertaining
  to the father of the child in question must be filed with the court
  before a trial on the merits in the suit for termination may be
  held.
         (b)  In a proceeding to terminate parental rights in which
  the alleged or probable father has not been personally served with
  citation or signed an affidavit of relinquishment or an affidavit
  of waiver of interest, the court may not terminate the parental
  rights of the alleged or probable father, whether known or unknown,
  unless a certificate from the [bureau of] vital statistics unit
  signed by the registrar states that a diligent search has been made
  of the paternity registry maintained by the unit [bureau] and that a
  filing or registration has not been found pertaining to the father
  of the child in question.
         SECTION 1.087.  Section 161.2061(a), Family Code, is amended
  to read as follows:
         (a)  If the court finds it to be in the best interest of the
  child, the court may provide in an order terminating the
  parent-child relationship that the biological parent who filed an
  affidavit of voluntary relinquishment of parental rights under
  Section 161.103 shall have limited post-termination contact with
  the child as provided by Subsection (b) on the agreement of the
  biological parent and the Department of Family and Protective [and
  Regulatory] Services.
         SECTION 1.088.  Section 161.207(a), Family Code, is amended
  to read as follows:
         (a)  If the court terminates the parent-child relationship
  with respect to both parents or to the only living parent, the court
  shall appoint a suitable, competent adult, the Department of Family
  and Protective [and Regulatory] Services, or a licensed
  child-placing agency[, or an authorized agency] as managing
  conservator of the child. An agency designated managing
  conservator in an unrevoked or irrevocable affidavit of
  relinquishment shall be appointed managing conservator.
         SECTION 1.089.  Section 161.208, Family Code, is amended to
  read as follows:
         Sec. 161.208.  APPOINTMENT OF DEPARTMENT OF FAMILY AND
  PROTECTIVE [AND REGULATORY] SERVICES AS MANAGING CONSERVATOR. If a
  parent of the child has not been personally served in a suit in
  which the Department of Family and Protective [and Regulatory]
  Services seeks termination, the court that terminates a
  parent-child relationship may not appoint the Department of Family
  and Protective [and Regulatory] Services as permanent managing
  conservator of the child unless the court determines that:
               (1)  the department has made a diligent effort to
  locate a missing parent who has not been personally served and a
  relative of that parent; and
               (2)  a relative located by the department has had a
  reasonable opportunity to request appointment as managing
  conservator of the child or the department has not been able to
  locate the missing parent or a relative of the missing parent.
         SECTION 1.090.  Section 162.001(c), Family Code, is amended
  to read as follows:
         (c)  If an affidavit of relinquishment of parental rights
  contains a consent for the Department of Family and Protective [and
  Regulatory] Services or a licensed child-placing agency to place
  the child for adoption and appoints the department or agency
  managing conservator of the child, further consent by the parent is
  not required and the adoption order shall terminate all rights of
  the parent without further termination proceedings.
         SECTION 1.091.  Section 162.005(b), Family Code, is amended
  to read as follows:
         (b)  Before placing a child for adoption, the Department of
  Family and Protective [and Regulatory] Services, a licensed
  child-placing agency, or the child's parent or guardian shall
  compile a report on the available health, social, educational, and
  genetic history of the child to be adopted.
         SECTION 1.092.  Section 162.006(a), Family Code, is amended
  to read as follows:
         (a)  The Department of Family and Protective Services 
  [department], licensed child-placing agency, or other person
  placing a child for adoption shall inform the prospective adoptive
  parents of their right to examine the records and other information
  relating to the history of the child.  The department, licensed
  child-placing agency, or other person placing the child for
  adoption shall edit the records and information to protect the
  identity of the biological parents and any other person whose
  identity is confidential.
         SECTION 1.093.  Section 162.0065, Family Code, is amended to
  read as follows:
         Sec. 162.0065.  EDITING ADOPTION RECORDS IN DEPARTMENT
  PLACEMENT. Notwithstanding any other provision of this chapter, in
  an adoption in which a child is placed for adoption by the
  Department of Family and Protective [and Regulatory] Services, the
  department is not required to edit records to protect the identity
  of birth parents and other persons whose identity is confidential
  if the department determines that information is already known to
  the adoptive parents or is readily available through other sources,
  including the court records of a suit to terminate the parent-child
  relationship under Chapter 161.
         SECTION 1.094.  Section 162.008(b), Family Code, is amended
  to read as follows:
         (b)  A petition for adoption may not be granted until the
  following documents have been filed:
               (1)  a copy of the health, social, educational, and
  genetic history report signed by the child's adoptive parents; and
               (2)  if the report is required to be submitted to the
  Department of Family and Protective Services [bureau of vital
  statistics] under Section 162.006(e), a certificate from the
  department [bureau] acknowledging receipt of the report.
         SECTION 1.095.  Section 162.0085(a), Family Code, is amended
  to read as follows:
         (a)  In a suit affecting the parent-child relationship in
  which an adoption is sought, the court shall order each person
  seeking to adopt the child to obtain that person's own criminal
  history record information. The court shall accept under this
  section a person's criminal history record information that is
  provided by the Department of Family and Protective [and
  Regulatory] Services or by a licensed child-placing agency that
  received the information from the department if the information was
  obtained not more than one year before the date the court ordered
  the history to be obtained.
         SECTION 1.096.  Sections 162.018(a) and (d), Family Code,
  are amended to read as follows:
         (a)  The adoptive parents are entitled to receive copies of
  the records and other information relating to the history of the
  child maintained by the Department of Family and Protective
  Services [department], licensed child-placing agency, person, or
  entity placing the child for adoption.
         (d)  At the time an adoption order is rendered, the court
  shall provide to the parents of an adopted child information
  provided by the [bureau of] vital statistics unit that describes
  the functions of the voluntary adoption registry under Subchapter
  E. The licensed child-placing agency shall provide to each of the
  child's biological parents known to the agency, the information
  when the parent signs an affidavit of relinquishment of parental
  rights or affidavit of waiver of interest in a child. The
  information shall include the right of the child or biological
  parent to refuse to participate in the registry. If the adopted
  child is 14 years old or older the court shall provide the
  information to the child.
         SECTION 1.097.  Section 162.021(b), Family Code, is amended
  to read as follows:
         (b)  Rendition of the order does not relieve the clerk from
  the duty to send information regarding adoption to the [bureau of]
  vital statistics unit as required by this subchapter and Chapter
  108.
         SECTION 1.098.  Sections 162.101(1) and (2), Family Code,
  are amended to read as follows:
               (1)  "Appropriate public authorities," with reference
  to this state, means the commissioner of the Department of Family
  and Protective Services [executive director].
               (2)  "Appropriate authority in the receiving state,"
  with reference to this state, means the commissioner of the
  Department of Family and Protective Services [executive director].
         SECTION 1.099.  Section 162.103, Family Code, is amended to
  read as follows:
         Sec. 162.103.  FINANCIAL RESPONSIBILITY FOR CHILD. (a)  
  Financial responsibility for a child placed as provided in the
  compact is determined, in the first instance, as provided in
  Article V of the compact. After partial or complete default of
  performance under the provisions of Article V assigning financial
  responsibility, the commissioner of the Department of Family and
  Protective Services [executive director] may bring suit under
  Chapter 154 and may file a complaint with the appropriate
  prosecuting attorney, claiming a violation of Section 25.05, Penal
  Code.
         (b)  After default, if the commissioner of the Department of
  Family and Protective Services [executive director] determines
  that financial responsibility is unlikely to be assumed by the
  sending agency or the child's parents, the commissioner [executive
  director] may cause the child to be returned to the sending agency.
         (c)  After default, the Department of Family and Protective
  Services [department] shall assume financial responsibility for
  the child until it is assumed by the child's parents or until the
  child is safely returned to the sending agency.
         SECTION 1.100.  Section 162.104, Family Code, is amended to
  read as follows:
         Sec. 162.104.  APPROVAL OF PLACEMENT. The commissioner of
  the Department of Family and Protective Services [executive
  director] may not approve the placement of a child in this state
  without the concurrence of the individuals with whom the child is
  proposed to be placed or the head of an institution with which the
  child is proposed to be placed.
         SECTION 1.101.  Section 162.106, Family Code, is amended to
  read as follows:
         Sec. 162.106.  COMPACT AUTHORITY. (a) The governor shall
  appoint the commissioner [executive director] of the Department of
  Family and Protective [and Regulatory] Services as compact
  administrator.
         (b)  The commissioner of the Department of Family and
  Protective Services [executive director] shall designate a deputy
  compact administrator and staff necessary to execute the terms of
  the compact in this state.
         SECTION 1.102.  Section 162.107(b), Family Code, is amended
  to read as follows:
         (b)  An individual, agency, corporation, child-care
  facility, or general residential operation [child-care
  institution] in this state that violates Article IV of the compact
  commits an offense. An offense under this subsection is a Class B
  misdemeanor. On conviction, the court shall revoke any license to
  operate as a child-care facility or general residential operation 
  [child-care institution] issued by the Department of Family and
  Protective Services [department] to the entity convicted and shall
  revoke any license or certification of the individual, agency, or
  corporation necessary to practice in the state.
         SECTION 1.103.  Section 162.201, Family Code, is amended to
  read as follows:
         Sec. 162.201.  ADOPTION OF COMPACT; TEXT. The Interstate
  Compact on Adoption and Medical Assistance is adopted by this state
  and entered into with all other jurisdictions joining in the
  compact in form substantially as provided under this subchapter.
  INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
  ARTICLE I. FINDINGS
         The legislature finds that:
               (a)  Finding adoptive families for children for whom
  state assistance is desirable, under Subchapter D, Chapter 162, and
  assuring the protection of the interest of the children affected
  during the entire assistance period require special measures when
  the adoptive parents move to other states or are residents of
  another state.
               (b)  The provision of medical and other necessary
  services for children, with state assistance, encounters special
  difficulties when the provision of services takes place in other
  states.
  ARTICLE II. PURPOSES
         The purposes of the compact are to:
               (a)  authorize the Department of Family and Protective
  [and Regulatory] Services, with the concurrence of the Health and
  Human Services Commission, to enter into interstate agreements with
  agencies of other states for the protection of children on behalf of
  whom adoption assistance is being provided by the Department of
  Family and Protective [and Regulatory] Services; and
               (b)  provide procedures for interstate children's
  adoption assistance payments, including medical payments.
  ARTICLE III. DEFINITIONS
         In this compact:
               (a)  "Adoption assistance state" means the state that
  signs an adoption assistance agreement in a particular case.
               (b)  "Residence state" means the state in which the
  child resides by virtue of the residence of the adoptive parents.
               (c)  "State" means a state of the United States, the
  District of Columbia, the Commonwealth of Puerto Rico, the Virgin
  Islands, Guam, the Commonwealth of the Northern Mariana Islands, or
  a territory or possession of or a territory or possession
  administered by the United States.
  ARTICLE IV. COMPACTS AUTHORIZED
         The Department of Family and Protective [and Regulatory]
  Services, through its commissioner [executive director], is
  authorized to develop, participate in the development of,
  negotiate, and enter into one or more interstate compacts on behalf
  of this state with other states to implement one or more of the
  purposes of this compact. An interstate compact authorized by this
  article has the force and effect of law.
  ARTICLE V. CONTENTS OF COMPACTS
         A compact entered into under the authority conferred by this
  compact shall contain:
               (1)  a provision making the compact available for
  joinder by all states;
               (2)  a provision for withdrawal from the compact on
  written notice to the parties, with a period of one year between the
  date of the notice and the effective date of the withdrawal;
               (3)  a requirement that protections under the compact
  continue for the duration of the adoption assistance and apply to
  all children and their adoptive parents who on the effective date of
  the withdrawal are receiving adoption assistance from a party state
  other than the one in which they reside and have their principal
  place of abode;
               (4)  a requirement that each case of adoption
  assistance to which the compact applies be covered by a written
  adoption assistance agreement between the adoptive parents and the
  state child welfare agency of the state that provides the adoption
  assistance and that the agreement be expressly for the benefit of
  the adopted child and enforceable by the adoptive parents and the
  state agency providing the adoption assistance; and
               (5)  other provisions that are appropriate for the
  proper administration of the compact.
  ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
         A compact entered into under the authority conferred by this
  compact may contain the following provisions, in addition to those
  required under Article V of this compact:
               (1)  provisions establishing procedures and
  entitlement to medical, developmental, child-care, or other social
  services for the child in accordance with applicable laws, even if
  the child and the adoptive parents are in a state other than the one
  responsible for or providing the services or the funds to defray
  part or all of the costs thereof; and
               (2)  other provisions that are appropriate or
  incidental to the proper administration of the compact.
  ARTICLE VII. MEDICAL ASSISTANCE
         (a)  A child with special needs who resides in this state and
  who is the subject of an adoption assistance agreement with another
  state is entitled to receive a medical assistance identification
  from this state on the filing in the state medical assistance agency
  of a certified copy of the adoption assistance agreement obtained
  from the adoption assistance state. In accordance with rules of the
  state medical assistance agency, the adoptive parents, at least
  annually, shall show that the agreement is still in effect or has
  been renewed.
         (b)  The state medical assistance agency shall consider the
  holder of a medical assistance identification under this article as
  any other holder of a medical assistance identification under the
  laws of this state and shall process and make payment on claims on
  the holder's account in the same manner and under the same
  conditions and procedures as for other recipients of medical
  assistance.
         (c)  The state medical assistance agency shall provide
  coverage and benefits for a child who is in another state and who is
  covered by an adoption assistance agreement made by the Department
  of Family and Protective [and Regulatory] Services for the coverage
  or benefits, if any, not provided by the residence state. The
  adoptive parents acting for the child may submit evidence of
  payment for services or benefit amounts not payable in the
  residence state and shall be reimbursed for those amounts.
  Services or benefit amounts covered under any insurance or other
  third-party medical contract or arrangement held by the child or
  the adoptive parents may not be reimbursed. The state medical
  assistance agency shall adopt rules implementing this subsection.
  The additional coverage and benefit amounts provided under this
  subsection are for services for which there is no federal
  contribution or services that, if federally aided, are not provided
  by the residence state. The rules shall include procedures for
  obtaining prior approval for services in cases in which prior
  approval is required for the assistance.
         (d)  The submission of a false, misleading, or fraudulent
  claim for payment or reimbursement for services or benefits under
  this article or the making of a false, misleading, or fraudulent
  statement in connection with the claim is an offense under this
  subsection if the person submitting the claim or making the
  statement knows or should know that the claim or statement is false,
  misleading, or fraudulent. A person who commits an offense under
  this subsection may be liable for a fine not to exceed $10,000 or
  imprisonment for not more than two years, or both the fine and the
  imprisonment. An offense under this subsection that also
  constitutes an offense under other law may be punished under either
  this subsection or the other applicable law.
         (e)  This article applies only to medical assistance for
  children under adoption assistance agreements with states that have
  entered into a compact with this state under which the other state
  provides medical assistance to children with special needs under
  adoption assistance agreements made by this state. All other
  children entitled to medical assistance under adoption assistance
  agreements entered into by this state are eligible to receive the
  medical assistance in accordance with the laws and procedures that
  apply to the agreement.
  ARTICLE VIII. FEDERAL PARTICIPATION
         Consistent with federal law, the Department of Family and
  Protective [and Regulatory] Services and the Health and Human
  Services Commission, in connection with the administration of this
  compact or a compact authorized by this compact, shall include the
  provision of adoption assistance and medical assistance for which
  the federal government pays some or all of the cost in any state
  plan made under the Adoption Assistance and Child Welfare Act of
  1980 (Pub. L. No. 96-272), Titles IV-E and XIX of the Social
  Security Act, and other applicable federal laws. The Department of
  Family and Protective [and Regulatory] Services and the Health and
  Human Services Commission shall apply for and administer all
  relevant federal aid in accordance with law.
         SECTION 1.104.  Section 162.202, Family Code, is amended to
  read as follows:
         Sec. 162.202.  AUTHORITY OF DEPARTMENT OF FAMILY AND
  PROTECTIVE [AND REGULATORY] SERVICES. The Department of Family and
  Protective [and Regulatory] Services, with the concurrence of the
  Health and Human Services Commission, may develop, participate in
  the development of, negotiate, and enter into one or more
  interstate compacts on behalf of this state with other states to
  implement one or more of the purposes of this subchapter. An
  interstate compact authorized by this subchapter [article] has the
  force and effect of law.
         SECTION 1.105.  Section 162.203, Family Code, is amended to
  read as follows:
         Sec. 162.203.  COMPACT ADMINISTRATION. The commissioner 
  [executive director] of the Department of Family and Protective
  [and Regulatory] Services shall serve as the compact administrator.
  The administrator shall cooperate with all departments, agencies,
  and officers of this state and its subdivisions in facilitating the
  proper administration of the compact and any supplemental
  agreements entered into by this state. The commissioner of the
  Department of Family and Protective Services [executive director]
  and the executive commissioner of the Health and Human Services
  Commission [human services] shall designate deputy compact
  administrators to represent adoption assistance services and
  medical assistance services provided under Title XIX of the Social
  Security Act.
         SECTION 1.106.  The heading to Subchapter D, Chapter 162,
  Family Code, is amended to read as follows:
  SUBCHAPTER D.  ADOPTION SERVICES BY THE DEPARTMENT OF
  FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
         SECTION 1.107.  Sections 162.301(1) and (3), Family Code,
  are amended to read as follows:
               (1)  "Adoption assistance agreement" means a written
  agreement, binding on the parties to the agreement, between the
  Department of Family and Protective Services [department] and the
  prospective adoptive parents that specifies the nature and amount
  of any payment, services, or assistance to be provided under the
  agreement and stipulates that the agreement will remain in effect
  without regard to the state in which the prospective adoptive
  parents reside at any particular time.
               (3)  "Department" means the Department of Family and
  Protective [and Regulatory] Services.
         SECTION 1.108.  Section 162.302(c), Family Code, is amended
  to read as follows:
         (c)  The program shall be carried out by licensed
  child-placing agencies or county child-care or welfare units under
  department rules [adopted by the department].
         SECTION 1.109.  Sections 162.309(b) and (i), Family Code,
  are amended to read as follows:
         (b)  The committee is composed of 12 members appointed by the
  commissioner [board] of the department [Department of Protective
  and Regulatory Services]. The commissioner [board] shall appoint
  to the committee individuals who in the aggregate have knowledge of
  and experience in community education, cultural relations, family
  support, counseling, and parenting skills and education. At least
  six members must be ordained members of the clergy.
         (i)  On receiving the committee's recommendations, the
  department may [adopt rules to] implement a program or project
  recommended under this section.  The executive commissioner of the
  Health and Human Services Commission may adopt rules necessary for
  the implementation of a program or project by the department. The
  department may solicit, accept, and use gifts and donations to
  implement a program or project recommended by the committee.
         SECTION 1.110.  Sections 162.402(7), (11), (12), and (14),
  Family Code, are amended to read as follows:
               (7)  "Authorized agency" means a public agency
  authorized to care for or to place children for adoption or a
  private entity approved for that purpose by the department through
  a license, certification, or other means. The term includes a
  licensed child-placing agency or a previously licensed
  child-placing agency that has ceased operations and has transferred
  its adoption records to the vital statistics unit [bureau] or an
  agency authorized by the department to place children for adoption
  and a licensed child-placing agency that has been acquired by,
  merged with, or otherwise succeeded by an agency authorized by the
  department to place children for adoption.
               (11)  "Central registry" means the mutual consent
  voluntary adoption registry established and maintained by the vital
  statistics unit [bureau] under this subchapter.
               (12)  "Department" means the Department of Family and
  Protective [and Regulatory] Services.
               (14)  "Vital statistics unit" ["Bureau"] means the
  [bureau of] vital statistics unit of the Department of State Health
  Services.
         SECTION 1.111.  Sections 162.403(a) and (c), Family Code,
  are amended to read as follows:
         (a)  The vital statistics unit [bureau] shall establish and
  maintain a mutual consent voluntary adoption registry.
         (c)  An authorized agency that did not directly or by
  contract provide registry services as required by this subchapter
  on January 1, 1984, may not provide its own registry service. The
  vital statistics unit [bureau] shall operate through the central
  registry those services for agencies not permitted to provide a
  registry under this section.
         SECTION 1.112.  Section 162.407(b), Family Code, is amended
  to read as follows:
         (b)  An adoptee adopted or placed through an authorized
  agency may register through the registry maintained by that agency
  or the registry to which the agency has delegated registry services
  or through the central registry maintained by the vital statistics
  unit [bureau].
         SECTION 1.113.  Section 162.408, Family Code, is amended to
  read as follows:
         Sec. 162.408.  PROOF OF IDENTITY. The rules and minimum
  standards of the Department [Texas Board] of State Health Services
  for the vital statistics unit [bureau] must provide for proof of
  identity in order to facilitate the purposes of this subchapter and
  to protect the privacy rights of adoptees, adoptive parents, birth
  parents, biological siblings, and their families.
         SECTION 1.114.  Section 162.411(d), Family Code, is amended
  to read as follows:
         (d)  The fees collected by the vital statistics unit [bureau]
  shall be deposited in a special fund in the general revenue fund.
  Funds in the special fund may be appropriated only for the
  administration of the central registry.
         SECTION 1.115.  Section 162.414(c), Family Code, is amended
  to read as follows:
         (c)  To establish or corroborate a match, the administrator
  shall request confirmation of a possible match from the vital
  statistics unit [bureau]. If the agency operating the registry has
  in its own records sufficient information through which the match
  may be confirmed, the administrator may, but is not required to,
  request confirmation from the vital statistics unit [bureau]. The
  vital statistics unit [bureau] may confirm or deny the match
  without breaching the duty of confidentiality to the adoptee,
  adoptive parents, birth parents, or biological siblings and without
  a court order.
         SECTION 1.116.  Section 162.420, Family Code, is amended to
  read as follows:
         Sec. 162.420.  RULEMAKING. (a) The executive commissioner
  of the Health and Human Services Commission [Texas Board of Health]
  shall make rules and adopt minimum standards for the Department of
  State Health Services [bureau] to:
               (1)  administer the provisions of this subchapter; and
               (2)  ensure that each registry respects the right to
  privacy and confidentiality of an adoptee, birth parent, and
  biological sibling who does not desire to disclose the person's
  identity.
         (b)  The Department of State Health Services [bureau] shall
  conduct a comprehensive review of all rules and standards adopted
  under this subchapter not less than every six years.
         (c)  In order to provide the administrators an opportunity to
  review proposed rules and standards and send written suggestions to
  the executive commissioner of the Health and Human Services
  Commission [Texas Board of Health], the executive commissioner
  [board] shall, before adopting rules and minimum standards, send a
  copy of the proposed rules and standards not less than 60 days
  before the date they take effect to:
               (1)  the administrator of each registry established
  under this subchapter; and
               (2)  the administrator of each agency authorized by the
  department to place children for adoption.
         SECTION 1.117.  Section 162.421(a), Family Code, is amended
  to read as follows:
         (a)  This subchapter does not prevent the Department of State
  Health Services [bureau] from making known to the public, by
  appropriate means, the existence of voluntary adoption registries.
         SECTION 1.118.  Sections 162.422(a) and (b), Family Code,
  are amended to read as follows:
         (a)  The Department of State Health Services [bureau] or
  authorized agency establishing or operating a registry is not
  liable to any person for obtaining or disclosing identifying
  information about a birth parent, adoptee, or biological sibling
  within the scope of this subchapter and under its provisions.
         (b)  An employee or agent of the Department of State Health
  Services [bureau] or of an authorized agency establishing or
  operating a registry under this subchapter is not liable to any
  person for obtaining or disclosing identifying information about a
  birth parent, adoptee, or biological sibling within the scope of
  this subchapter and under its provisions.
         SECTION 1.119.  Section 162.601(a), Family Code, is amended
  to read as follows:
         (a)  Subject to the availability of funds, the Department of
  Family and Protective [and Regulatory] Services shall pay, in
  addition to any other amounts due, a monetary incentive to a
  licensed child-placing agency for the completion of an adoption:
               (1)  of a child, as defined by Section 162.301,
  receiving or entitled to receive foster care at department expense;
  and
               (2)  arranged with the assistance of the agency.
         SECTION 1.120.  Section 261.001(7), Family Code, is amended
  to read as follows:
               (7)  "Executive commissioner" ["Board"] means the
  executive commissioner of the Health and Human Services Commission
  [Board of Protective and Regulatory Services].
         SECTION 1.121.  Sections 261.002(a) and (b), Family Code,
  are amended to read as follows:
         (a)  The department shall establish and maintain [in Austin]
  a central registry of the names of individuals found by the
  department to have abused or neglected a [reported cases of] child
  [abuse or neglect].
         (b)  The executive commissioner [department] may adopt rules
  necessary to carry out this section. The rules shall provide for
  cooperation with local child service agencies, including
  hospitals, clinics, and schools, and cooperation with other states
  in exchanging reports to effect a national registration system.
         SECTION 1.122.  Section 261.101(b-1), Family Code, is
  amended to read as follows:
         (b-1)  In addition to the duty to make a report under
  Subsection (a) or (b), a person or professional shall make a report
  in the manner required by Subsection (a) or (b), as applicable, if
  the person or professional has cause to believe that an adult was a
  victim of abuse or neglect as a child and the person or professional
  determines in good faith that disclosure of the information is
  necessary to protect the health and safety of:
               (1)  another child; or
               (2)  an elderly person or [disabled] person with a
  disability as defined by Section 48.002, Human Resources Code.
         SECTION 1.123.  Section 261.103(a), Family Code, is amended
  to read as follows:
         (a)  Except as provided by Subsections (b) and (c) and
  Section 261.405, a report shall be made to:
               (1)  any local or state law enforcement agency;
               (2)  the department; or
               (3)  the state agency that operates, licenses,
  certifies, or registers the facility in which the alleged abuse or
  neglect occurred[; or
               [(4)     the agency designated by the court to be
  responsible for the protection of children].
         SECTION 1.124.  Sections 261.105(a), (b), and (c-1), Family
  Code, are amended to read as follows:
         (a)  All reports received by a local or state law enforcement
  agency that allege abuse or neglect by a person responsible for a
  child's care, custody, or welfare shall be referred immediately to
  the department [or the designated agency].
         (b)  The department [or designated agency] shall immediately
  notify the appropriate state or local law enforcement agency of any
  report it receives, other than a report from a law enforcement
  agency, that concerns the suspected abuse or neglect of a child or
  death of a child from abuse or neglect.
         (c-1)  Notwithstanding Subsections (b) and (c), if a report
  under this section relates to a child with an intellectual
  disability [mental retardation] receiving services in a state
  supported living center as defined by Section 531.002, Health and
  Safety Code, or the ICF-IID [ICF-MR] component of the Rio Grande
  State Center, the department shall proceed with the investigation
  of the report as provided by Section 261.404.
         SECTION 1.125.  Section 261.1055, Family Code, is amended to
  read as follows:
         Sec. 261.1055.  NOTIFICATION OF DISTRICT ATTORNEYS. (a) A
  district attorney may inform the department [or designated agency]
  that the district attorney wishes to receive notification of some
  or all reports of suspected abuse or neglect of children who were in
  the county at the time the report was made or who were in the county
  at the time of the alleged abuse or neglect.
         (b)  If the district attorney makes the notification under
  this section, the department [or designated agency] shall, on
  receipt of a report of suspected abuse or neglect, immediately
  notify the district attorney as requested and the department [or
  designated agency] shall forward a copy of the reports to the
  district attorney on request.
         SECTION 1.126.  Section 261.109(b), Family Code, is amended
  to read as follows:
         (b)  An offense under Subsection (a) is a Class A
  misdemeanor, except that the offense is a state jail felony if it is
  shown on the trial of the offense that the child was a person with an
  intellectual disability who resided in a state supported living
  center, the ICF-IID [ICF-MR] component of the Rio Grande State
  Center, or a facility licensed under Chapter 252, Health and Safety
  Code, and the actor knew that the child had suffered serious bodily
  injury as a result of the abuse or neglect.
         SECTION 1.127.  Section 261.111, Family Code, is amended to
  read as follows:
         Sec. 261.111.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL
  TREATMENT OF CHILD. (a) In this section, "psychotropic medication
  [drug]" has the meaning assigned by Section 266.001 [means a
  substance that is:
               [(1)     used in the diagnosis, treatment, or prevention
  of a disease or as a component of a medication; and
               [(2)     intended to have an altering effect on
  perception, emotion, or behavior].
         (b)  The refusal of a parent, guardian, or managing or
  possessory conservator of a child to administer or consent to the
  administration of a psychotropic medication [drug] to the child, or
  to consent to any other psychiatric or psychological treatment of
  the child, does not by itself constitute neglect of the child unless
  the refusal to consent:
               (1)  presents a substantial risk of death,
  disfigurement, or bodily injury to the child; or
               (2)  has resulted in an observable and material
  impairment to the growth, development, or functioning of the child.
         SECTION 1.128.  Section 261.201(e), Family Code, is amended
  to read as follows:
         (e)  Before placing a child who was the subject of an
  investigation, the department shall notify the prospective
  adoptive parents of their right to examine any report, record,
  working paper, or other information in the possession, custody, or
  control of the department [state] that pertains to the history of
  the child.
         SECTION 1.129.  Sections 261.301(a), (d), and (e), Family
  Code, are amended to read as follows:
         (a)  With assistance from the appropriate state or local law
  enforcement agency as provided by this section, the department [or
  designated agency] shall make a prompt and thorough investigation
  of a report of child abuse or neglect allegedly committed by a
  person responsible for a child's care, custody, or welfare. The
  investigation shall be conducted without regard to any pending suit
  affecting the parent-child relationship.
         (d)  The executive commissioner [department] shall by rule
  assign priorities and prescribe investigative procedures for
  investigations based on the severity and immediacy of the alleged
  harm to the child. The primary purpose of the investigation shall
  be the protection of the child. The rules must require the
  department, subject to the availability of funds, to:
               (1)  immediately respond to a report of abuse and
  neglect that involves circumstances in which the death of the child
  or substantial bodily harm to the child would result unless the
  department immediately intervenes;
               (2)  respond within 24 hours to a report of abuse and
  neglect that is assigned the highest priority, other than a report
  described by Subdivision (1); and
               (3)  respond within 72 hours to a report of abuse and
  neglect that is assigned the second highest priority.
         (e)  As necessary to provide for the protection of the child,
  the department [or designated agency] shall determine:
               (1)  the nature, extent, and cause of the abuse or
  neglect;
               (2)  the identity of the person responsible for the
  abuse or neglect;
               (3)  the names and conditions of the other children in
  the home;
               (4)  an evaluation of the parents or persons
  responsible for the care of the child;
               (5)  the adequacy of the home environment;
               (6)  the relationship of the child to the persons
  responsible for the care, custody, or welfare of the child; and
               (7)  all other pertinent data.
         SECTION 1.130.  The heading to Section 261.3015, Family
  Code, is amended to read as follows:
         Sec. 261.3015.  ALTERNATIVE [FLEXIBLE] RESPONSE SYSTEM.
         SECTION 1.131.  Sections 261.3015(a) and (d), Family Code,
  are amended to read as follows:
         (a)  In assigning priorities and prescribing investigative
  procedures based on the severity and immediacy of the alleged harm
  to a child under Section 261.301(d), the department shall establish
  an alternative [a flexible] response system to allow the department
  to make the most effective use of resources to investigate and
  respond to reported cases of abuse and neglect.
         (d)  In determining how to classify a reported case of abuse
  or neglect under the alternative [flexible] response system, the
  child's safety is the primary concern. The classification of a case
  may be changed as warranted by the circumstances.
         SECTION 1.132.  Section 261.302(b), Family Code, is amended
  to read as follows:
         (b)  The interview with and examination of the child may:
               (1)  be conducted at any reasonable time and place,
  including the child's home or the child's school;
               (2)  include the presence of persons the department [or
  designated agency] determines are necessary; and
               (3)  include transporting the child for purposes
  relating to the interview or investigation.
         SECTION 1.133.  Sections 261.303(a), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  A person may not interfere with an investigation of a
  report of child abuse or neglect conducted by the department [or
  designated agency].
         (c)  If a parent or person responsible for the child's care
  does not consent to release of the child's prior medical,
  psychological, or psychiatric records or to a medical,
  psychological, or psychiatric examination of the child that is
  requested by the department [or designated agency], the court
  having family law jurisdiction shall, for good cause shown, order
  the records to be released or the examination to be made at the
  times and places designated by the court.
         (d)  A person, including a medical facility, that makes a
  report under Subchapter B shall release to the department [or
  designated agency], as part of the required report under Section
  261.103, records that directly relate to the suspected abuse or
  neglect without requiring parental consent or a court order. If a
  child is transferred from a reporting medical facility to another
  medical facility to treat the injury or condition that formed the
  basis for the original report, the transferee medical facility
  shall, at the department's request, release to the department
  records relating to the injury or condition without requiring
  parental consent or a court order.
         SECTION 1.134.  Section 261.3031(a), Family Code, is amended
  to read as follows:
         (a)  If a parent or other person refuses to cooperate with
  the department's investigation of the alleged abuse or neglect of a
  child and the refusal poses a risk to the child's safety, the
  department shall seek assistance from the appropriate [county
  attorney or district attorney or criminal district] attorney with
  responsibility for representing the department as provided by
  Section 264.009 to obtain a court order as described by Section
  261.303.
         SECTION 1.135.  Sections 261.305(b) and (d), Family Code,
  are amended to read as follows:
         (b)  If the parent or person does not consent to an
  examination or allow the department [or designated agency] to have
  access to medical or mental health records requested by the
  department [or agency], the court having family law jurisdiction,
  for good cause shown, shall order the examination to be made or that
  the department [or agency] be permitted to have access to the
  records under terms and conditions prescribed by the court.
         (d)  A parent or person responsible for the child's care is
  entitled to notice and a hearing when the department [or designated
  agency] seeks a court order to allow a medical, psychological, or
  psychiatric examination or access to medical or mental health
  records.
         SECTION 1.136.  Section 261.306, Family Code, is amended to
  read as follows:
         Sec. 261.306.  REMOVAL OF CHILD FROM STATE. (a) If the
  department [or designated agency] has reason to believe that a
  person responsible for the care, custody, or welfare of the child
  may remove the child from the state before the investigation is
  completed, the department [or designated agency] may file an
  application for a temporary restraining order in a district court
  without regard to continuing jurisdiction of the child as provided
  in Chapter 155.
         (b)  The court may render a temporary restraining order
  prohibiting the person from removing the child from the state
  pending completion of the investigation if the court:
               (1)  finds that the department [or designated agency]
  has probable cause to conduct the investigation; and
               (2)  has reason to believe that the person may remove
  the child from the state.
         SECTION 1.137.  Sections 261.308(a), (b), and (c), Family
  Code, are amended to read as follows:
         (a)  The department [or designated agency] shall make a
  complete written report of the investigation.
         (b)  If sufficient grounds for filing a suit exist, the
  department [or designated agency] shall submit the report, together
  with recommendations, to the court, the district attorney, and the
  appropriate law enforcement agency.
         (c)  On receipt of the report and recommendations, the court
  may direct the department [or designated agency] to file a petition
  requesting appropriate relief as provided in this title.
         SECTION 1.138.  Section 261.309(a), Family Code, is amended
  to read as follows:
         (a)  The executive commissioner [department] shall by rule
  establish policies and procedures to resolve complaints relating to
  and conduct reviews of child abuse or neglect investigations
  conducted by the department.
         SECTION 1.139.  Section 261.310(a), Family Code, is amended
  to read as follows:
         (a)  The executive commissioner [department] shall by rule
  develop and adopt standards for persons who investigate suspected
  child abuse or neglect at the state or local level. The standards
  shall encourage professionalism and consistency in the
  investigation of suspected child abuse or neglect.
         SECTION 1.140.  Sections 261.311(a) and (b), Family Code,
  are amended to read as follows:
         (a)  When during an investigation of a report of suspected
  child abuse or neglect a representative of the department [or the
  designated agency] conducts an interview with or an examination of
  a child, the department [or designated agency] shall make a
  reasonable effort before 24 hours after the time of the interview or
  examination to notify each parent of the child and the child's legal
  guardian, if one has been appointed, of the nature of the allegation
  and of the fact that the interview or examination was conducted.
         (b)  If a report of suspected child abuse or neglect is
  administratively closed by the department [or designated agency] as
  a result of a preliminary investigation that did not include an
  interview or examination of the child, the department [or
  designated agency] shall make a reasonable effort before the
  expiration of 24 hours after the time the investigation is closed to
  notify each parent and legal guardian of the child of the
  disposition of the investigation.
         SECTION 1.141.  Section 261.312(b), Family Code, is amended
  to read as follows:
         (b)  A review team consists of at least five members who
  serve staggered two-year terms. Review team members are appointed
  by the commissioner [director] of the department and consist of
  volunteers who live in and are broadly representative of the region
  in which the review team is established and have expertise in the
  prevention and treatment of child abuse and neglect. At least two
  members of a review team must be parents who have not been convicted
  of or indicted for an offense involving child abuse or neglect, have
  not been determined by the department to have engaged in child abuse
  or neglect, and are not under investigation by the department for
  child abuse or neglect. A member of a review team is a department
  volunteer for the purposes of Section 411.114, Government Code.
         SECTION 1.142.  Section 261.315(c), Family Code, is amended
  to read as follows:
         (c)  The executive commissioner [board] shall adopt rules
  necessary to administer this section.
         SECTION 1.143.  Sections 261.401(c) and (d), Family Code,
  are amended to read as follows:
         (c)  A state agency shall adopt rules relating to the
  investigation and resolution of reports received as provided by
  this subchapter. The executive commissioner [Health and Human
  Services Commission] shall review and approve the rules of agencies
  other than the Texas Department of Criminal Justice or the[,] Texas
  Juvenile Justice Department [Youth Commission, or Texas Juvenile
  Probation Commission] to ensure that those agencies implement
  appropriate standards for the conduct of investigations and that
  uniformity exists among agencies in the investigation and
  resolution of reports.
         (d)  The Texas School for the Blind and Visually Impaired and
  the Texas School for the Deaf shall adopt policies relating to the
  investigation and resolution of reports received as provided by
  this subchapter. The executive commissioner [Health and Human
  Services Commission] shall review and approve the policies to
  ensure that the Texas School for the Blind and Visually Impaired and
  the Texas School for the Deaf adopt those policies in a manner
  consistent with the minimum standards adopted by the executive
  commissioner [Health and Human Services Commission] under Section
  261.407.
         SECTION 1.144.  Section 261.402(c), Family Code, is amended
  to read as follows:
         (c)  A state agency that licenses, certifies, or registers a
  facility in which children are located shall compile, maintain, and
  make available statistics on the incidence in the facility of child
  abuse, neglect, and exploitation that is investigated by the agency 
  [in the facility].
         SECTION 1.145.  Section 261.403, Family Code, is amended to
  read as follows:
         Sec. 261.403.  COMPLAINTS. (a) If a state agency receives a
  complaint relating to an investigation conducted by the agency
  concerning a facility operated by that agency in which children are
  located, the agency shall refer the complaint to the agency's
  governing body [board].
         (b)  The governing body [board] of a state agency that
  operates a facility in which children are located shall ensure that
  the procedure for investigating abuse, neglect, and exploitation
  allegations and inquiries in the agency's facility is periodically
  reviewed under the agency's internal audit program required by
  Chapter 2102, Government Code.
         SECTION 1.146.  Section 261.404, Family Code, is amended to
  read as follows:
         Sec. 261.404.  INVESTIGATIONS REGARDING CERTAIN CHILDREN
  WITH MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY [MENTAL
  RETARDATION]. (a) The department shall investigate a report of
  abuse, neglect, or exploitation of a child receiving services:
               (1)  in a facility operated by the Department of Aging
  and Disability Services or a mental health facility operated by the
  Department of State Health Services;
               (2)  in or from a community center, a local mental
  health authority, or a local intellectual and developmental
  disability [mental retardation] authority;
               (3)  through a program providing services to that child
  by contract with a facility operated by the Department of Aging and
  Disability Services, a mental health facility operated by the
  Department of State Health Services, a community center, a local
  mental health authority, or a local intellectual and developmental
  disability [mental retardation] authority;
               (4)  from a provider of home and community-based
  services who contracts with the Department of Aging and Disability
  Services; or
               (5)  in a facility licensed under Chapter 252, Health
  and Safety Code.
         (b)  The department shall investigate the report under rules
  developed by the executive commissioner [of the Health and Human
  Services Commission] with the advice and assistance of the
  department, the Department of Aging and Disability Services, and
  the Department of State Health Services.
         (c)  If a report under this section relates to a child with an
  intellectual disability [mental retardation] receiving services in
  a state supported living center or the ICF-IID [ICF-MR] component
  of the Rio Grande State Center, the department shall, within one
  hour of receiving the report, notify the facility in which the child
  is receiving services of the allegations in the report.
         (d)  If during the course of the department's investigation
  of reported abuse, neglect, or exploitation a caseworker of the
  department or the caseworker's supervisor has cause to believe that
  a child with an intellectual disability [mental retardation]
  described by Subsection (c) has been abused, neglected, or
  exploited by another person in a manner that constitutes a criminal
  offense under any law, including Section 22.04, Penal Code, the
  caseworker shall immediately notify the Health and Human Services
  Commission's office of inspector general and promptly provide the
  commission's office of inspector general with a copy of the
  department's investigation report.
         (e)  The definitions of "abuse" and "neglect" prescribed by
  Section 261.001 do not apply to an investigation under this
  section.
         (f)  In this section:
               (1)  "Community center," "local mental health
  authority," "local intellectual and developmental disability
  [mental retardation] authority," and "state supported living
  center" have the meanings assigned by Section 531.002, Health and
  Safety Code.
               (2)  "Provider" has the meaning assigned by Section
  48.351, Human Resources Code.
         SECTION 1.147.  Section 261.405(a)(1), Family Code, is
  amended to read as follows:
               (1)  "Juvenile justice facility" means a facility
  operated wholly or partly by the juvenile board, by another
  governmental unit, or by a private vendor under a contract with the
  juvenile board, county, or other governmental unit that serves
  juveniles under juvenile court jurisdiction. The term includes:
                     (A)  a public or private juvenile
  pre-adjudication secure detention facility, including a holdover
  facility;
                     (B)  a public or private juvenile
  post-adjudication secure correctional facility except for a
  facility operated solely for children committed to the Texas
  Juvenile Justice Department [Youth Commission]; and
                     (C)  a public or private non-secure juvenile
  post-adjudication residential treatment facility that is not
  licensed by the Department of Family and Protective [and
  Regulatory] Services or the Department of State Health Services
  [Texas Commission on Alcohol and Drug Abuse].
         SECTION 1.148.  Section 261.406(d), Family Code, is amended
  to read as follows:
         (d)  The executive commissioner [Board of Protective and
  Regulatory Services] shall adopt rules necessary to implement this
  section.
         SECTION 1.149.  Section 261.407, Family Code, is amended to
  read as follows:
         Sec. 261.407.  MINIMUM STANDARDS. (a) The executive
  commissioner [Health and Human Services Commission] by rule shall
  adopt minimum standards for the investigation under Section 261.401
  of suspected child abuse, neglect, or exploitation in a facility.
         (b)  A rule or policy adopted by a state agency or
  institution under Section 261.401 must be consistent with the
  minimum standards adopted by the executive commissioner [Health and
  Human Services Commission].
         (c)  This section does not apply to a facility under the
  jurisdiction of the Texas Department of Criminal Justice or the[,]
  Texas Juvenile Justice Department [Youth Commission, or Texas
  Juvenile Probation Commission].
         SECTION 1.150.  Sections 261.408(a) and (c), Family Code,
  are amended to read as follows:
         (a)  The executive commissioner [Health and Human Services
  Commission] by rule shall adopt uniform procedures for collecting
  information under Section 261.401, including procedures for
  collecting information on deaths that occur in facilities.
         (c)  This section does not apply to a facility under the
  jurisdiction of the Texas Department of Criminal Justice or the[,]
  Texas Juvenile Justice Department [Youth Commission, or Texas
  Juvenile Probation Commission].
         SECTION 1.151.  Section 262.006(a), Family Code, is amended
  to read as follows:
         (a)  An authorized representative of the Department of
  Family and Protective [and Regulatory] Services may assume the
  care, control, and custody of a child born alive as the result of an
  abortion as defined by Chapter 161.
         SECTION 1.152.  Section 262.007(c), Family Code, is amended
  to read as follows:
         (c)  If a person entitled to possession of the child is not
  immediately available to take possession of the child, the law
  enforcement officer shall deliver the child to the Department of
  Family and Protective [and Regulatory] Services. Until a person
  entitled to possession of the child takes possession of the child,
  the department may, without a court order, retain possession of the
  child not longer than five days after the date the child is
  delivered to the department.  While the department retains
  possession of a child under this subsection, the department may
  place the child in foster [home] care.  If a parent or other person
  entitled to possession of the child does not take possession of the
  child before the sixth day after the date the child is delivered to
  the department, the department shall proceed under this chapter as
  if the law enforcement officer took possession of the child under
  Section 262.104.
         SECTION 1.153.  Section 262.008(a), Family Code, is amended
  to read as follows:
         (a)  An authorized representative of the Department of
  Family and Protective [and Regulatory] Services may assume the
  care, control, and custody of a child:
               (1)  who is abandoned without identification or a means
  for identifying the child; and
               (2)  whose identity cannot be ascertained by the
  exercise of reasonable diligence.
         SECTION 1.154.  Section 262.1015(a), Family Code, is amended
  to read as follows:
         (a)  If the Department of Family and Protective Services
  [department] determines after an investigation that child abuse has
  occurred and that the child would be protected in the child's home
  by the removal of the alleged perpetrator of the abuse, the
  department shall file a petition for the removal of the alleged
  perpetrator from the residence of the child rather than attempt to
  remove the child from the residence.
         SECTION 1.155.  Sections 262.102(a), (c), and (d), Family
  Code, are amended to read as follows:
         (a)  Before a court may, without prior notice and a hearing,
  issue a temporary order for the conservatorship of a child under
  Section 105.001(a)(1) or a temporary restraining order or
  attachment of a child authorizing a governmental entity to take
  possession of a child in a suit brought by a governmental entity,
  the court must find that:
               (1)  there is an immediate danger to the physical
  health or safety of the child or the child has been a victim of
  neglect or sexual abuse and that continuation in the home would be
  contrary to the child's welfare;
               (2)  there is no time, consistent with the physical
  health or safety of the child and the nature of the emergency, for a
  full adversary hearing under Subchapter C; and
               (3)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, were made
  to prevent or eliminate the need for removal of the child.
         (c)  If, based on the recommendation of or a request by the
  Department of Family and Protective Services [department], the
  court finds that child abuse or neglect has occurred and that the
  child requires protection from family violence by a member of the
  child's family or household, the court shall render a temporary
  order under Title 4 [Chapter 71] for the protection of the child.
  In this subsection, "family violence" has the meaning assigned by
  Section 71.004.
         (d)  The temporary order, temporary restraining order, or
  attachment of a child rendered by the court under Subsection (a)
  must contain the following statement prominently displayed in
  boldface type, capital letters, or underlined:
         "YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU
  ARE INDIGENT AND UNABLE TO AFFORD AN ATTORNEY, YOU HAVE THE RIGHT TO
  REQUEST THE APPOINTMENT OF AN ATTORNEY BY CONTACTING THE COURT AT
  [ADDRESS], [TELEPHONE NUMBER]. IF YOU APPEAR IN OPPOSITION TO THE
  SUIT, CLAIM INDIGENCE, AND REQUEST THE APPOINTMENT OF AN ATTORNEY,
  THE COURT WILL REQUIRE YOU TO SIGN AN AFFIDAVIT OF INDIGENCE AND THE
  COURT MAY HEAR EVIDENCE TO DETERMINE IF YOU ARE INDIGENT. IF THE
  COURT DETERMINES YOU ARE INDIGENT AND ELIGIBLE FOR APPOINTMENT OF
  AN ATTORNEY, THE COURT WILL APPOINT AN ATTORNEY TO REPRESENT YOU."
         SECTION 1.156.  Section 262.103, Family Code, is amended to
  read as follows:
         Sec. 262.103.  DURATION OF TEMPORARY ORDER, TEMPORARY
  RESTRAINING ORDER, AND ATTACHMENT. A temporary order, temporary
  restraining order, or attachment of the child issued under Section
  262.102(a) [this chapter] expires not later than 14 days after the
  date it is issued unless it is extended as provided by the Texas
  Rules of Civil Procedure or Section 262.201(a-3).
         SECTION 1.157.  Section 262.104(a), Family Code, is amended
  to read as follows:
         (a)  If there is no time to obtain a temporary order,
  temporary restraining order, or attachment under Section
  262.102(a) before taking possession of a child consistent with the
  health and safety of that child, an authorized representative of
  the Department of Family and Protective Services, a law enforcement
  officer, or a juvenile probation officer may take possession of a
  child without a court order under the following conditions, only:
               (1)  on personal knowledge of facts that would lead a
  person of ordinary prudence and caution to believe that there is an
  immediate danger to the physical health or safety of the child;
               (2)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that there is an immediate danger to the physical health or
  safety of the child;
               (3)  on personal knowledge of facts that would lead a
  person of ordinary prudence and caution to believe that the child
  has been the victim of sexual abuse;
               (4)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that the child has been the victim of sexual abuse; or
               (5)  on information furnished by another that has been
  corroborated by personal knowledge of facts and all of which taken
  together would lead a person of ordinary prudence and caution to
  believe that the parent or person who has possession of the child is
  currently using a controlled substance as defined by Chapter 481,
  Health and Safety Code, and the use constitutes an immediate danger
  to the physical health or safety of the child.
         SECTION 1.158.  Section 262.105(b), Family Code, is amended
  to read as follows:
         (b)  If the Department of Family and Protective [and
  Regulatory] Services files a suit affecting the parent-child
  relationship required under Subsection (a)(1) seeking termination
  of the parent-child relationship, the department shall file the
  suit not later than the 45th day after the date the department
  assumes the care, control, and custody of a child under Section
  262.303.
         SECTION 1.159.  Section 262.106(d), Family Code, is amended
  to read as follows:
         (d)  For the purpose of determining under Subsection (a) the
  first working day after the date the child is taken into possession,
  the child is considered to have been taken into possession by the
  Department of Family and Protective [and Regulatory] Services on
  the expiration of the five-day period permitted under Section
  262.007(c) or 262.110(b), as appropriate.
         SECTION 1.160.  Section 262.109(a), Family Code, is amended
  to read as follows:
         (a)  The Department of Family and Protective Services 
  [department] or other agency must give written notice as prescribed
  by this section to each parent of the child or to the child's
  conservator or legal guardian when a representative of the
  department [Department of Protective and Regulatory Services] or
  other agency takes possession of a child under this chapter.
         SECTION 1.161.  Section 262.110(a), Family Code, is amended
  to read as follows:
         (a)  An authorized representative of the Department of
  Family and Protective [and Regulatory] Services, a law enforcement
  officer, or a juvenile probation officer may take temporary
  possession of a child without a court order on discovery of a child
  in a situation of danger to the child's physical health or safety
  when the sole purpose is to deliver the child without unnecessary
  delay to the parent, managing conservator, possessory conservator,
  guardian, caretaker, or custodian who is presently entitled to
  possession of the child.
         SECTION 1.162.  Section 262.112(a), Family Code, is amended
  to read as follows:
         (a)  The Department of Family and Protective [and
  Regulatory] Services is entitled to an expedited hearing under this
  chapter in any proceeding in which a hearing is required if the
  department determines that a child should be removed from the
  child's home because of an immediate danger to the physical health
  or safety of the child.
         SECTION 1.163.  Sections 262.201(a-3) and (g), Family Code,
  are amended to read as follows:
         (a-3)  The court may, for good cause shown, postpone the full
  adversary hearing for not more than seven days from the date of the
  attorney's appointment to provide the attorney time to respond to
  the petition and prepare for the hearing. The court may shorten or
  lengthen the extension granted under this subsection if the parent
  and the appointed attorney agree in writing. If the court postpones
  the full adversary hearing, the court shall extend a temporary
  order, temporary restraining order, or attachment issued by the
  court under Section 262.102(a) for the protection of the child
  until the date of the rescheduled full adversary hearing.
         (g)  For the purpose of determining under Subsection (a) the
  14th day after the date the child is taken into possession, a child
  is considered to have been taken into possession by the Department
  of Family and Protective Services [department] on the expiration of
  the five-day period permitted under Section 262.007(c) or
  262.110(b), as appropriate.
         SECTION 1.164.  Sections 262.2015(a), (b), and (d), Family
  Code, are amended to read as follows:
         (a)  The court may waive the requirement of a service plan
  and the requirement to make reasonable efforts to return the child
  to a parent and may accelerate the trial schedule to result in a
  final order for a child under the care of the Department of Family
  and Protective Services [department] at an earlier date than
  provided by Subchapter D, Chapter 263, if the court finds that the
  parent has subjected the child to aggravated circumstances.
         (b)  The court may find under Subsection (a) that a parent
  has subjected the child to aggravated circumstances if:
               (1)  the parent abandoned the child without
  identification or a means for identifying the child;
               (2)  the child is a victim of serious bodily injury or
  sexual abuse inflicted by the parent or by another person with the
  parent's consent;
               (3)  the parent has engaged in conduct against the
  child that would constitute an offense under the following
  provisions of the Penal Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 19.04 (manslaughter);
                     (D)  Section 21.11 (indecency with a child);
                     (E)  Section 22.011 (sexual assault);
                     (F)  Section 22.02 (aggravated assault);
                     (G)  Section 22.021 (aggravated sexual assault);
                     (H)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (I)  Section 22.041 (abandoning or endangering
  child);
                     (J)  Section 25.02 (prohibited sexual conduct);
                     (K)  Section 43.25 (sexual performance by a
  child);
                     (L)  Section 43.26 (possession or promotion of
  child pornography);
                     (M)  Section 21.02 (continuous sexual abuse of
  young child or children);
                     (N)  Section 43.05(a)(2) (compelling
  prostitution); or
                     (O)  Section 20A.02(a)(7) or (8) (trafficking of
  persons);
               (4)  the parent voluntarily left the child alone or in
  the possession of another person not the parent of the child for at
  least six months without expressing an intent to return and without
  providing adequate support for the child;
               (5)  the parent's parental rights with regard to
  another child have been involuntarily terminated based on a finding
  that the parent's conduct violated Section 161.001(b)(1)(D)
  [161.001(1)(D)] or (E) or a substantially equivalent provision of
  another state's law;
               (6)  the parent has been convicted for:
                     (A)  the murder of another child of the parent and
  the offense would have been an offense under 18 U.S.C. Section
  1111(a) if the offense had occurred in the special maritime or
  territorial jurisdiction of the United States;
                     (B)  the voluntary manslaughter of another child
  of the parent and the offense would have been an offense under 18
  U.S.C. Section 1112(a) if the offense had occurred in the special
  maritime or territorial jurisdiction of the United States;
                     (C)  aiding or abetting, attempting, conspiring,
  or soliciting an offense under Paragraph [Subdivision] (A) or (B);
  or
                     (D)  the felony assault of the child or another
  child of the parent that resulted in serious bodily injury to the
  child or another child of the parent; or
               (7)  the parent's parental rights with regard to two
  other children have been involuntarily terminated.
         (d)  The Department of Family and Protective [and
  Regulatory] Services shall make reasonable efforts to finalize the
  permanent placement of a child for whom the court has made the
  finding described by Subsection (c).  The court shall set the suit
  for trial on the merits as required by Subchapter D, Chapter 263, in
  order to facilitate final placement of the child.
         SECTION 1.165.  Section 262.301(1), Family Code, is amended
  to read as follows:
               (1)  "Designated emergency infant care provider"
  means:
                     (A)  an emergency medical services provider;
                     (B)  a hospital; or
                     (C)  a child-placing agency licensed by the
  Department of Family and Protective [and Regulatory] Services under
  Chapter 42, Human Resources Code, that:
                           (i)  agrees to act as a designated emergency
  infant care provider under this subchapter; and
                           (ii)  has on staff a person who is licensed
  as a registered nurse under Chapter 301, Occupations Code, or who
  provides emergency medical services under Chapter 773, Health and
  Safety Code, and who will examine and provide emergency medical
  services to a child taken into possession by the agency under this
  subchapter.
         SECTION 1.166.  Section 262.303(a), Family Code, is amended
  to read as follows:
         (a)  Not later than the close of the first business day after
  the date on which a designated emergency infant care provider takes
  possession of a child under Section 262.302, the provider shall
  notify the Department of Family and Protective [and Regulatory]
  Services that the provider has taken possession of the child.
         SECTION 1.167.  Section 262.304, Family Code, is amended to
  read as follows:
         Sec. 262.304.  FILING PETITION AFTER ACCEPTING POSSESSION OF
  ABANDONED CHILD. A child for whom the Department of Family and
  Protective [and Regulatory] Services assumes care, control, and
  custody under Section 262.303 shall be treated as a child taken into
  possession without a court order, and the department shall take
  action as required by Section 262.105 with regard to the child.
         SECTION 1.168.  Section 262.305(a), Family Code, is amended
  to read as follows:
         (a)  Immediately after assuming care, control, and custody
  of a child under Section 262.303, the Department of Family and
  Protective [and Regulatory] Services shall report the child to
  appropriate state and local law enforcement agencies as a potential
  missing child.
         SECTION 1.169.  Section 262.307, Family Code, is amended to
  read as follows:
         Sec. 262.307.  REIMBURSEMENT FOR CARE OF ABANDONED CHILD.
  The Department of Family and Protective Services [department] shall
  reimburse a designated emergency infant care provider that takes
  possession of a child under Section 262.302 for the cost to the
  provider of assuming the care, control, and custody of the child.
         SECTION 1.170.  Section 263.001(a)(4), Family Code, is
  amended to read as follows:
               (4)  "Substitute care" means the placement of a child
  who is in the conservatorship of the department [or an authorized
  agency] in care outside the child's home. The term includes foster
  care, institutional care, adoption, placement with a relative of
  the child, or commitment to the Texas Juvenile Justice Department
  [Youth Commission].
         SECTION 1.171.  Section 263.002, Family Code, is amended to
  read as follows:
         Sec. 263.002.  REVIEW OF PLACEMENTS BY COURT. In a suit
  affecting the parent-child relationship in which the department [or
  an authorized agency] has been appointed by the court or designated
  in an affidavit of relinquishment of parental rights as the
  temporary or permanent managing conservator of a child, the court
  shall hold a hearing to review:
               (1)  the conservatorship appointment and substitute
  care; and
               (2)  for a child committed to the Texas Juvenile
  Justice Department [Youth Commission], the child's commitment in
  the Texas Juvenile Justice Department [Youth Commission] or release
  under supervision by the Texas Juvenile Justice Department [Youth
  Commission].
         SECTION 1.172.  Section 263.008(a)(2), Family Code, is
  amended to read as follows:
               (2)  "Foster care" means the placement of a child who is
  in the conservatorship of the department [or an authorized agency]
  and in care outside the child's home in an agency foster group home,
  agency foster home, foster group home, foster home, or another
  facility licensed or certified under Chapter 42, Human Resources
  Code, in which care is provided for 24 hours a day.
         SECTION 1.173.  Section 263.101, Family Code, is amended to
  read as follows:
         Sec. 263.101.  DEPARTMENT TO FILE SERVICE PLAN. Not later
  than the 45th day after the date the court renders a temporary order
  appointing the department as temporary managing conservator of a
  child under Chapter 262, the department [or other agency appointed
  as the managing conservator of a child] shall file a service plan.
         SECTION 1.174.  Section 263.102(a), Family Code, is amended
  to read as follows:
         (a)  The service plan must:
               (1)  be specific;
               (2)  be in writing in a language that the parents
  understand, or made otherwise available;
               (3)  be prepared by the department [or other agency] in
  conference with the child's parents;
               (4)  state appropriate deadlines;
               (5)  state whether the goal of the plan is:
                     (A)  return of the child to the child's parents;
                     (B)  termination of parental rights and placement
  of the child for adoption; or
                     (C)  because of the child's special needs or
  exceptional circumstances, continuation of the child's care out of
  the child's home;
               (6)  state steps that are necessary to:
                     (A)  return the child to the child's home if the
  placement is in foster care;
                     (B)  enable the child to remain in the child's
  home with the assistance of a service plan if the placement is in
  the home under the department's [or other agency's] supervision; or
                     (C)  otherwise provide a permanent safe placement
  for the child;
               (7)  state the actions and responsibilities that are
  necessary for the child's parents to take to achieve the plan goal
  during the period of the service plan and the assistance to be
  provided to the parents by the department or other [authorized]
  agency toward meeting that goal;
               (8)  state any specific skills or knowledge that the
  child's parents must acquire or learn, as well as any behavioral
  changes the parents must exhibit, to achieve the plan goal;
               (9)  state the actions and responsibilities that are
  necessary for the child's parents to take to ensure that the child
  attends school and maintains or improves the child's academic
  compliance;
               (10)  state the name of the person with the department
  [or other agency] whom the child's parents may contact for
  information relating to the child if other than the person
  preparing the plan; and
               (11)  prescribe any other term or condition that the
  department [or other agency] determines to be necessary to the
  service plan's success.
         SECTION 1.175.  Sections 263.103(a), (a-1), (c), and (d),
  Family Code, are amended to read as follows:
         (a)  The original service plan shall be developed jointly by
  the child's parents and a representative of the department [or
  other authorized agency], including informing the parents of their
  rights in connection with the service plan process.  If a parent is
  not able or willing to participate in the development of the service
  plan, it should be so noted in the plan.
         (a-1)  Before the original service plan is signed, the
  child's parents and the representative of the department [or other
  authorized agency] shall discuss each term and condition of the
  plan.
         (c)  If the department [or other authorized agency]
  determines that the child's parents are unable or unwilling to
  participate in the development of the original service plan or sign
  the plan, the department may file the plan without the parents'
  signatures.
         (d)  The original service plan takes effect when:
               (1)  the child's parents and the appropriate
  representative of the department [or other authorized agency] sign
  the plan; or
               (2)  the court issues an order giving effect to the plan
  without the parents' signatures.
         SECTION 1.176.  Section 263.104(b), Family Code, is amended
  to read as follows:
         (b)  The amended service plan supersedes the previously
  filed service plan and takes effect when:
               (1)  the child's parents and the appropriate
  representative of the department [or other authorized agency] sign
  the plan; or
               (2)  the department [or other authorized agency]
  determines that the child's parents are unable or unwilling to sign
  the amended plan and files it without the parents' signatures.
         SECTION 1.177.  Sections 263.202(a) and (b), Family Code,
  are amended to read as follows:
         (a)  If all persons entitled to citation and notice of a
  status hearing under this chapter were not served, the court shall
  make findings as to whether:
               (1)  the department [or other agency] has exercised due
  diligence to locate all necessary persons, including an alleged
  father of the child, regardless of whether the alleged father is
  registered with the registry of paternity under Section 160.402;
  and
               (2)  the child and each parent, alleged father, or
  relative of the child before the court have furnished to the
  department all available information necessary to locate an absent
  parent, alleged father, or relative of the child through exercise
  of due diligence.
         (b)  Except as otherwise provided by this subchapter, a
  status hearing shall be limited to matters related to the contents
  and execution of the service plan filed with the court. The court
  shall review the service plan that the department [or other agency]
  filed under this chapter for reasonableness, accuracy, and
  compliance with requirements of court orders and make findings as
  to whether:
               (1)  a plan that has the goal of returning the child to
  the child's parents adequately ensures that reasonable efforts are
  made to enable the child's parents to provide a safe environment for
  the child;
               (2)  the child's parents have reviewed and understand
  the plan and have been advised that unless the parents are willing
  and able to provide the child with a safe environment, even with the
  assistance of a service plan, within the reasonable period of time
  specified in the plan, the parents' parental and custodial duties
  and rights may be subject to restriction or to termination under
  this code or the child may not be returned to the parents;
               (3)  the plan is reasonably tailored to address any
  specific issues identified by the department [or other agency]; and
               (4)  the child's parents and the representative of the
  department [or other agency] have signed the plan.
         SECTION 1.178.  Section 263.301(c), Family Code, is amended
  to read as follows:
         (c)  If a person entitled to notice under Chapter 102 or this
  section has not been served, the court shall review the
  department's [or other agency's] efforts at attempting to locate
  all necessary persons and requesting service of citation and the
  assistance of a parent in providing information necessary to locate
  an absent parent.
         SECTION 1.179.  Section 263.303, Family Code, is amended to
  read as follows:
         Sec. 263.303.  PERMANENCY PROGRESS REPORT. (a) Not later
  than the 10th day before the date set for each permanency hearing
  other than the first permanency hearing, the department [or other
  authorized agency] shall file with the court and provide to each
  party, the child's attorney ad litem, the child's guardian ad litem,
  and the child's volunteer advocate a permanency progress report
  unless the court orders a different period for providing the
  report.
         (b)  The permanency progress report must:
               (1)  recommend that the suit be dismissed; or
               (2)  recommend that the suit continue, and:
                     (A)  identify the date for dismissal of the suit
  under this chapter;
                     (B)  provide:
                           (i)  the name of any person entitled to
  notice under Chapter 102 who has not been served;
                           (ii)  a description of the efforts by the
  department [or another agency] to locate and request service of
  citation; and
                           (iii)  a description of each parent's
  assistance in providing information necessary to locate an unserved
  party;
                     (C)  evaluate the parties' compliance with
  temporary orders and with the service plan;
                     (D)  evaluate whether the child's placement in
  substitute care meets the child's needs and recommend other plans
  or services to meet the child's special needs or circumstances;
                     (E)  describe the permanency plan for the child
  and recommend actions necessary to ensure that a final order
  consistent with that permanency plan, including the concurrent
  permanency goals contained in that plan, is rendered before the
  date for dismissal of the suit under this chapter;
                     (F)  with respect to a child 16 years of age or
  older, identify the services needed to assist the child in the
  transition to adult life; and
                     (G)  with respect to a child committed to the
  Texas Juvenile Justice Department [Youth Commission] or released
  under supervision by the Texas Juvenile Justice Department [Youth
  Commission]:
                           (i)  evaluate whether the child's needs for
  treatment and education are being met;
                           (ii)  describe, using information provided
  by the Texas Juvenile Justice Department [Youth Commission], the
  child's progress in any rehabilitation program administered by the
  Texas Juvenile Justice Department [Youth Commission]; and
                           (iii)  recommend other plans or services to
  meet the child's needs.
         (c)  A parent whose parental rights are the subject of a suit
  affecting the parent-child relationship, the attorney for that
  parent, or the child's attorney ad litem or guardian ad litem may
  file a response to the department's [or other agency's] report filed
  under Subsection (b). A response must be filed not later than the
  third day before the date of the hearing.
         SECTION 1.180.  Section 263.306(a), Family Code, as amended
  by Chapters 191 (S.B. 352), 204 (H.B. 915), and 688 (H.B. 2619),
  Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
  and amended to read as follows:
         (a)  At each permanency hearing the court shall:
               (1)  identify all persons or parties present at the
  hearing or those given notice but failing to appear;
               (2)  review the efforts of the department [or another
  agency] in:
                     (A)  attempting to locate all necessary persons;
                     (B)  requesting service of citation; and
                     (C)  obtaining the assistance of a parent in
  providing information necessary to locate an absent parent, alleged
  father, or relative of the child;
               (3)  review the efforts of each custodial parent,
  alleged father, or relative of the child before the court in
  providing information necessary to locate another absent parent,
  alleged father, or relative of the child;
               (4)  review any visitation plan or amended plan
  required under Section 263.107 and render any orders for visitation
  the court determines necessary;
               (5)  return the child to the parent or parents if the
  child's parent or parents are willing and able to provide the child
  with a safe environment and the return of the child is in the
  child's best interest;
               (6)  place the child with a person or entity, other than
  a parent, entitled to service under Chapter 102 if the person or
  entity is willing and able to provide the child with a safe
  environment and the placement of the child is in the child's best
  interest;
               (7)  evaluate the department's efforts to identify
  relatives who could provide the child with a safe environment, if
  the child is not returned to a parent or another person or entity
  entitled to service under Chapter 102;
               (8)  evaluate the parties' compliance with temporary
  orders and the service plan;
               (9)  identify an education decision-maker for the child
  if one has not previously been identified;
               (10)  review the medical care provided to the child as
  required by Section 266.007;
               (11) [(9)]  ensure the child has been provided the
  opportunity, in a developmentally appropriate manner, to express
  the child's opinion on the medical care provided;
               (12) [(10)]  for a child receiving psychotropic
  medication, determine whether the child:
                     (A)  has been provided appropriate psychosocial
  therapies, behavior strategies, and other non-pharmacological
  interventions; and
                     (B)  has been seen by the prescribing physician,
  physician assistant, or advanced practice nurse at least once every
  90 days for purposes of the review required by Section 266.011;
               (13) [(11)]  determine whether:
                     (A)  the child continues to need substitute care;
                     (B)  the child's current placement is appropriate
  for meeting the child's needs, including with respect to a child who
  has been placed outside of the state, whether that placement
  continues to be in the best interest of the child; and
                     (C)  other plans or services are needed to meet
  the child's special needs or circumstances;
               (14) [(12)]  if the child is placed in institutional
  care, determine whether efforts have been made to ensure placement
  of the child in the least restrictive environment consistent with
  the best interest and special needs of the child;
               (15) [(13)]  if the child is 16 years of age or older,
  order services that are needed to assist the child in making the
  transition from substitute care to independent living if the
  services are available in the community;
               (16) [(14)]  determine plans, services, and further
  temporary orders necessary to ensure that a final order is rendered
  before the date for dismissal of the suit under this chapter;
               (17) [(15)]  if the child is committed to the Texas
  Juvenile Justice Department or released under supervision by the
  Texas Juvenile Justice Department, determine whether the child's
  needs for treatment, rehabilitation, and education are being met;
  and
               (18) [(16)]  determine the date for dismissal of the
  suit under this chapter and give notice in open court to all parties
  of:
                     (A)  the dismissal date;
                     (B)  the date of the next permanency hearing; and
                     (C)  the date the suit is set for trial.
         SECTION 1.181.  Section 263.307(b), Family Code, is amended
  to read as follows:
         (b)  The following factors should be considered by the court
  and [,] the department[, and other authorized agencies] in
  determining whether the child's parents are willing and able to
  provide the child with a safe environment:
               (1)  the child's age and physical and mental
  vulnerabilities;
               (2)  the frequency and nature of out-of-home
  placements;
               (3)  the magnitude, frequency, and circumstances of the
  harm to the child;
               (4)  whether the child has been the victim of repeated
  harm after the initial report and intervention by the department
  [or other agency];
               (5)  whether the child is fearful of living in or
  returning to the child's home;
               (6)  the results of psychiatric, psychological, or
  developmental evaluations of the child, the child's parents, other
  family members, or others who have access to the child's home;
               (7)  whether there is a history of abusive or
  assaultive conduct by the child's family or others who have access
  to the child's home;
               (8)  whether there is a history of substance abuse by
  the child's family or others who have access to the child's home;
               (9)  whether the perpetrator of the harm to the child is
  identified;
               (10)  the willingness and ability of the child's family
  to seek out, accept, and complete counseling services and to
  cooperate with and facilitate an appropriate agency's close
  supervision;
               (11)  the willingness and ability of the child's family
  to effect positive environmental and personal changes within a
  reasonable period of time;
               (12)  whether the child's family demonstrates adequate
  parenting skills, including providing the child and other children
  under the family's care with:
                     (A)  minimally adequate health and nutritional
  care;
                     (B)  care, nurturance, and appropriate discipline
  consistent with the child's physical and psychological
  development;
                     (C)  guidance and supervision consistent with the
  child's safety;
                     (D)  a safe physical home environment;
                     (E)  protection from repeated exposure to
  violence even though the violence may not be directed at the child;
  and
                     (F)  an understanding of the child's needs and
  capabilities; and
               (13)  whether an adequate social support system
  consisting of an extended family and friends is available to the
  child.
         SECTION 1.182.  Sections 263.502(a) and (c), Family Code,
  are amended to read as follows:
         (a)  Not later than the 10th day before the date set for a
  placement review hearing, the department [or other authorized
  agency] shall file a placement review report with the court and
  provide a copy to each person entitled to notice under Section
  263.501(d).
         (c)  The placement review report must identify the
  department's permanency goal for the child and must:
               (1)  evaluate whether the child's current placement is
  appropriate for meeting the child's needs;
               (2)  evaluate whether efforts have been made to ensure
  placement of the child in the least restrictive environment
  consistent with the best interest and special needs of the child if
  the child is placed in institutional care;
               (3)  contain a transition plan for a child who is at
  least 16 years of age that identifies the services and specific
  tasks that are needed to assist the child in making the transition
  from substitute care to adult living and describes the services
  that are being provided through the Transitional Living Services
  Program operated by the department;
               (4)  evaluate whether the child's current educational
  placement is appropriate for meeting the child's academic needs;
               (5)  identify other plans or services that are needed
  to meet the child's special needs or circumstances;
               (6)  describe the efforts of the department [or
  authorized agency] to place the child for adoption if parental
  rights to the child have been terminated and the child is eligible
  for adoption, including efforts to provide adoption promotion and
  support services as defined by 42 U.S.C. Section 629a and other
  efforts consistent with the federal Adoption and Safe Families Act
  of 1997 (Pub. L. No. 105-89);
               (7)  for a child for whom the department has been named
  managing conservator in a final order that does not include
  termination of parental rights, describe the efforts of the
  department to find a permanent placement for the child, including
  efforts to:
                     (A)  work with the caregiver with whom the child
  is placed to determine whether that caregiver is willing to become a
  permanent placement for the child;
                     (B)  locate a relative or other suitable
  individual to serve as permanent managing conservator of the child;
  and
                     (C)  evaluate any change in a parent's
  circumstances to determine whether:
                           (i)  the child can be returned to the parent;
  or
                           (ii)  parental rights should be terminated;
               (8)  with respect to a child committed to the Texas
  Juvenile Justice Department or released under supervision by the
  Texas Juvenile Justice Department:
                     (A)  evaluate whether the child's needs for
  treatment and education are being met;
                     (B)  describe, using information provided by the
  Texas Juvenile Justice Department, the child's progress in any
  rehabilitation program administered by the Texas Juvenile Justice
  Department; and
                     (C)  recommend other plans or services to meet the
  child's needs; and
               (9)  identify any placement changes that have occurred
  since the most recent court hearing concerning the child and
  describe any barriers to sustaining the child's placement,
  including any reason for which a substitute care provider has
  requested a placement change.
         SECTION 1.183.  Section 263.503(a), Family Code, as amended
  by Chapters 204 (H.B. 915) and 688 (H.B. 2619), Acts of the 83rd
  Legislature, Regular Session, 2013, is reenacted and amended to
  read as follows:
         (a)  At each placement review hearing, the court shall
  determine whether:
               (1)  the child's current placement is necessary, safe,
  and appropriate for meeting the child's needs, including with
  respect to a child placed outside of the state, whether the
  placement continues to be appropriate and in the best interest of
  the child;
               (2)  efforts have been made to ensure placement of the
  child in the least restrictive environment consistent with the best
  interest and special needs of the child if the child is placed in
  institutional care;
               (3)  the services that are needed to assist a child who
  is at least 16 years of age in making the transition from substitute
  care to independent living are available in the community;
               (4)  the child is receiving appropriate medical care;
               (5)  the child has been provided the opportunity, in a
  developmentally appropriate manner, to express the child's opinion
  on the medical care provided;
               (6)  for a child who is receiving psychotropic
  medication, the child:
                     (A)  has been provided appropriate psychosocial
  therapies, behavior strategies, and other non-pharmacological
  interventions; and
                     (B)  has been seen by the prescribing physician,
  physician assistant, or advanced practice nurse at least once every
  90 days for purposes of the review required by Section 266.011;
               (7)  other plans or services are needed to meet the
  child's special needs or circumstances;
               (8)  the department [or authorized agency] has
  exercised due diligence in attempting to place the child for
  adoption if parental rights to the child have been terminated and
  the child is eligible for adoption;
               (9)  for a child for whom the department has been named
  managing conservator in a final order that does not include
  termination of parental rights, a permanent placement, including
  appointing a relative as permanent managing conservator or
  returning the child to a parent, is appropriate for the child;
               (10)  for a child whose permanency goal is another
  planned, permanent living arrangement, the department has:
                     (A)  documented a compelling reason why adoption,
  permanent managing conservatorship with a relative or other
  suitable individual, or returning the child to a parent is not in
  the child's best interest; and
                     (B)  identified a family or other caring adult who
  has made a permanent commitment to the child;
               (11)  the department [or authorized agency] has made
  reasonable efforts to finalize the permanency plan that is in
  effect for the child; [and]
               (12)  if the child is committed to the Texas Juvenile
  Justice Department or released under supervision by the Texas
  Juvenile Justice Department, the child's needs for treatment,
  rehabilitation, and education are being met;
               (13) [(10)]  an education decision-maker for the child
  has been identified; and
               (14) [(11)]  the child's education needs and goals have
  been identified and addressed.
         SECTION 1.184.  Section 264.0091, Family Code, is amended to
  read as follows:
         Sec. 264.0091.  USE OF TELECONFERENCING AND
  VIDEOCONFERENCING TECHNOLOGY. Subject to the availability of
  funds, the department, in cooperation with district and county
  courts, shall expand the use of teleconferencing and
  videoconferencing to facilitate participation by medical experts,
  children, and other individuals in court proceedings, including
  children for whom the department [, an authorized agency,] or a
  licensed child-placing agency has been appointed managing
  conservator and who are committed to the Texas Juvenile Justice
  Department [Youth Commission].
         SECTION 1.185.  Section 264.010(d), Family Code, is amended
  to read as follows:
         (d)  A child abuse prevention and protection plan must:
               (1)  specify the manner of communication between
  entities who are parties to the plan, including the department, the
  commission [Texas Department of Human Services], local law
  enforcement agencies, the county and district attorneys, members of
  the medical and social service community, foster parents, and child
  advocacy groups; and
               (2)  provide other information concerning the
  prevention and investigation of child abuse in the area for which
  the plan is adopted.
         SECTION 1.186.  Section 264.0111(e), Family Code, is amended
  to read as follows:
         (e)  The executive commissioner [department] may adopt rules
  to implement this section.
         SECTION 1.187.  Section 264.0145(b), Family Code, is amended
  to read as follows:
         (b)  The executive commissioner [department] by rule shall
  establish guidelines that prioritize requests to release case
  records, including those made by an adult previously in the
  department's managing conservatorship.
         SECTION 1.188.  Sections 264.101(b) and (d), Family Code,
  are amended to read as follows:
         (b)  The department may not pay the cost of protective foster
  care for a child for whom the department has been named managing
  conservator under an order rendered solely under Section
  161.001(b)(1)(J) [161.001(1)(J)].
         (d)  The executive commissioner [of the Health and Human
  Services Commission] may adopt rules that establish criteria and
  guidelines for the payment of foster care, including medical care,
  for a child and for providing care for a child after the child
  becomes 18 years of age if the child meets the requirements for
  continued foster care under Subsection (a-1).
         SECTION 1.189.  Sections 264.107(a) and (b), Family Code,
  are amended to read as follows:
         (a)  The department shall use a system for the placement of
  children in contract residential care, including foster care, that
  conforms to the levels of care adopted [and maintained] by the
  executive commissioner [Health and Human Services Commission].
         (b)  The department shall use the standard application
  provided by the Health and Human Services Commission for the
  placement of children in contract residential care [as adopted and
  maintained by the Health and Human Services Commission].
         SECTION 1.190.  Section 264.1075(b), Family Code, is amended
  to read as follows:
         (b)  As soon as possible after a child begins receiving
  foster care under this subchapter, the department shall assess
  whether the child has a developmental or intellectual disability
  [or mental retardation]. The commission shall establish the
  procedures that the department must use in making an assessment
  under this subsection. The procedures may include screening or
  participation by:
               (1)  a person who has experience in childhood
  developmental or intellectual disabilities [or mental
  retardation];
               (2)  a local intellectual and developmental disability
  [mental retardation] authority; or
               (3)  a provider in a county with a local child welfare
  board.
         SECTION 1.191.  Section 264.108(f), Family Code, is amended
  to read as follows:
         (f)  The executive commissioner [department] by rule shall
  define what constitutes a delay under Subsections (b) and (d).
         SECTION 1.192.  Sections 264.110(b) and (g), Family Code,
  are amended to read as follows:
         (b)  A person registered under this section must satisfy
  requirements adopted by rule by the executive commissioner
  [department].
         (g)  The department may refuse to place a child with a person
  registered under this section only for a reason permitted under
  criteria adopted by the executive commissioner by [department]
  rule.
         SECTION 1.193.  Section 264.112(a), Family Code, is amended
  to read as follows:
         (a)  The department shall report the status for children in
  substitute care to the executive commissioner [Board of Protective
  and Regulatory Services] at least once every 12 months.
         SECTION 1.194.  Section 264.121(a), Family Code, is amended
  to read as follows:
         (a)  The department shall address the unique challenges
  facing foster children in the conservatorship of the department who
  must transition to independent living by:
               (1)  expanding efforts to improve transition planning
  and increasing the availability of transitional family group
  decision-making to all youth age 14 or older in the department's
  permanent managing conservatorship, including enrolling the youth
  in the Preparation for Adult Living Program before the age of 16;
               (2)  coordinating with the commission [Health and Human
  Services Commission] to obtain authority, to the extent allowed by
  federal law, the state Medicaid plan, the Title IV-E state plan, and
  any waiver or amendment to either plan, necessary to:
                     (A)  extend foster care eligibility and
  transition services for youth up to age 21 and develop policy to
  permit eligible youth to return to foster care as necessary to
  achieve the goals of the Transitional Living Services Program; and
                     (B)  extend Medicaid coverage for foster care
  youth and former foster care youth up to age 21 with a single
  application at the time the youth leaves foster care; and
               (3)  entering into cooperative agreements with the
  Texas Workforce Commission and local workforce development boards
  to further the objectives of the Preparation for Adult Living
  Program. The department, the Texas Workforce Commission, and the
  local workforce development boards shall ensure that services are
  prioritized and targeted to meet the needs of foster care and former
  foster care children and that such services will include, where
  feasible, referrals for short-term stays for youth needing housing.
         SECTION 1.195.  Section 264.124(b), Family Code, as added by
  Chapter 423 (S.B. 430), Acts of the 83rd Legislature, Regular
  Session, 2013, is amended to read as follows:
         (b)  The department, in accordance with department rules
  [executive commissioner rule], shall implement a process to verify
  that each foster parent who is seeking monetary assistance from the
  department for day care for a foster child has attempted to find
  appropriate day-care services for the foster child through
  community services, including Head Start programs, prekindergarten
  classes, and early education programs offered in public schools.
  The department shall specify the documentation the foster parent
  must provide to the department to demonstrate compliance with the
  requirements established under this subsection.
         SECTION 1.196.  Section 264.205(b), Family Code, is amended
  to read as follows:
         (b)  A swift adoption team shall consist of department
  personnel who shall operate under policies adopted by rule by the
  executive commissioner [department]. The department shall set
  priorities for the allocation of department resources to enable a
  swift adoption team to operate successfully under the policies
  adopted under this subsection.
         SECTION 1.197.  Section 264.506(b), Family Code, is amended
  to read as follows:
         (b)  To achieve its purpose, a review team shall:
               (1)  adapt and implement, according to local needs and
  resources, the model protocols developed by the department and the
  committee;
               (2)  meet on a regular basis to review child fatality
  cases and recommend methods to improve coordination of services and
  investigations between agencies that are represented on the team;
               (3)  collect and maintain data as required by the
  committee; and
               (4)  submit to the [bureau of] vital statistics unit
  data reports on deaths reviewed as specified by the committee.
         SECTION 1.198.  Section 264.507, Family Code, is amended to
  read as follows:
         Sec. 264.507.  DUTIES OF PRESIDING OFFICER. The presiding
  officer of a review team shall:
               (1)  send notices to the review team members of a
  meeting to review a child fatality;
               (2)  provide a list to the review team members of each
  child fatality to be reviewed at the meeting;
               (3)  submit data reports to the [bureau of] vital
  statistics unit not later than the 30th day after the date on which
  the review took place; and
               (4)  ensure that the review team operates according to
  the protocols developed by the department and the committee, as
  adapted by the review team.
         SECTION 1.199.  Section 264.514(a), Family Code, is amended
  to read as follows:
         (a)  A medical examiner or justice of the peace notified of a
  death of a child under Section 264.513 shall hold an inquest under
  Chapter 49, Code of Criminal Procedure, to determine whether the
  death is unexpected or the result of abuse or neglect. An inquest
  is not required under this subchapter if the child's death is
  expected and is due to a congenital or neoplastic disease. A death
  caused by an infectious disease may be considered an expected death
  if:
               (1)  the disease was not acquired as a result of trauma
  or poisoning;
               (2)  the infectious organism is identified using
  standard medical procedures; and
               (3)  the death is not reportable to the [Texas]
  Department of State Health Services under Chapter 81, Health and
  Safety Code.
         SECTION 1.200.  Section 264.614(d), Family Code, is amended
  to read as follows:
         (d)  The executive commissioner [of the Health and Human
  Services Commission] shall adopt rules necessary to implement this
  section.
         SECTION 1.201.  Section 264.753, Family Code, is amended to
  read as follows:
         Sec. 264.753.  EXPEDITED PLACEMENT. The department [or
  other authorized entity] shall expedite the completion of the
  background and criminal history check, the home study, and any
  other administrative procedure to ensure that the child is placed
  with a qualified relative or caregiver as soon as possible after the
  date the caregiver is identified.
         SECTION 1.202.  Section 264.755(d), Family Code, is amended
  to read as follows:
         (d)  The department, in accordance with department rules
  [executive commissioner rule], shall implement a process to verify
  that each relative and designated caregiver who is seeking monetary
  assistance or additional support services from the department for
  day care as defined by Section 264.124 for a child under this
  section has attempted to find appropriate day-care services for the
  child through community services, including Head Start programs,
  prekindergarten classes, and early education programs offered in
  public schools. The department shall specify the documentation the
  relative or designated caregiver must provide to the department to
  demonstrate compliance with the requirements established under
  this subsection. The department may not provide monetary
  assistance or additional support services to the relative or
  designated caregiver for the day care unless the department
  receives the required verification.
         SECTION 1.203.  The following provisions of the Family Code
  are repealed:
               (1)  Section 101.002;
               (2)  Section 161.002(c);
               (3)  Section 162.305;
               (4)  Sections 261.001(3) and (8);
               (5)  Section 262.008(c);
               (6)  Section 263.1015;
               (7)  Section 264.007;
               (8)  Section 264.105;
               (9)  Section 264.106;
               (10)  Section 264.1063;
               (11)  Section 264.107(f);
               (12)  Section 264.206;
               (13)  Sections 264.501(2) and (5); and
               (14)  Subchapter H, Chapter 264.
  ARTICLE 2.  GOVERNMENT CODE
         SECTION 2.001.  Section 403.1066(c), Government Code, is
  amended to read as follows:
         (c)  The available earnings of the fund may be appropriated
  to the [Texas] Department of State Health Services for the purpose
  of providing services at a public health hospital as defined by
  Section 13.033, Health and Safety Code, [the Texas Center for
  Infectious Disease] and grants, loans, or loan guarantees to public
  or nonprofit community hospitals with 125 beds or fewer located in
  an urban area of the state.
         SECTION 2.002.  Section 411.110(a), Government Code, is
  amended to read as follows:
         (a)  The Department of State Health Services is entitled to
  obtain from the department criminal history record information
  maintained by the department that relates to:
               (1)  a person who is:
                     (A)  an applicant for a license or certificate
  under the Emergency Health Care [Medical Services] Act (Chapter
  773, Health and Safety Code);
                     (B)  an owner or manager of an applicant for an
  emergency medical services provider license under that Act; or
                     (C)  the holder of a license or certificate under
  that Act;
               (2)  an applicant for a license or a license holder
  under Subchapter N, Chapter 431, Health and Safety Code;
               (3)  an applicant for a license, the owner or manager of
  an applicant for a massage establishment license, or a license
  holder under Chapter 455, Occupations Code;
               (4)  an applicant for employment at or current employee
  of:
                     (A)  a public health hospital as defined by
  Section 13.033, Health and Safety Code [the Texas Center for
  Infectious Disease]; or
                     (B)  the South Texas Health Care System; or
               (5)  an applicant for employment at, current employee
  of, or person who contracts or may contract to provide goods or
  services with:
                     (A)  the vital statistics unit of the Department
  of State Health Services; or
                     (B)  the Council on Sex Offender Treatment or
  other division or component of the Department of State Health
  Services that monitors sexually violent predators as described by
  Section 841.003(a), Health and Safety Code.
         SECTION 2.003.  Section 411.1131, Government Code, is
  amended to read as follows:
         Sec. 411.1131.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
  [TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING]. (a) The
  Department of Assistive and Rehabilitative Services [Texas
  Commission for the Deaf and Hard of Hearing] is entitled to obtain
  from the department criminal history record information maintained
  by the department that relates to a person who is an applicant for a
  staff position at an outdoor training program for children who are
  deaf or hard of hearing conducted by a private entity through a
  contract with the Department of Assistive and Rehabilitative
  Services [commission] in accordance with Section 81.013, Human
  Resources Code.
         (b)  Criminal history record information obtained by the
  Department of Assistive and Rehabilitative Services [Texas
  Commission for the Deaf and Hard of Hearing] under Subsection (a)
  may be used only to evaluate an applicant for a staff position at an
  outdoor training program for children who are deaf or hard of
  hearing. The Department of Assistive and Rehabilitative Services
  [Texas Commission for the Deaf and Hard of Hearing] may release or
  disclose the information to a private entity described by
  Subsection (a) for that purpose.
         (c)  The Department of Assistive and Rehabilitative Services
  [Texas Commission for the Deaf and Hard of Hearing] may not release
  or disclose information obtained under Subsection (a), except on
  court order or with the consent of the person who is the subject of
  the criminal history record information, and shall destroy all
  criminal history record information obtained under Subsection (a)
  after the information is used for its authorized purpose.
         SECTION 2.004.  Section 411.114(a)(3), Government Code, is
  amended to read as follows:
               (3)  The Department of Family and Protective Services
  is entitled to obtain from the department criminal history record
  information maintained by the department that relates to a person
  who is:
                     (A)  a volunteer or applicant volunteer with a
  local affiliate in this state of Big Brothers/Big Sisters of
  America;
                     (B)  a volunteer or applicant volunteer with the
  "I Have a Dream/Houston" program;
                     (C)  a volunteer or applicant volunteer with an
  organization that provides court-appointed special advocates for
  abused or neglected children;
                     (D)  a person providing, at the request of the
  child's parent, in-home care for a child who is the subject of a
  report alleging the child has been abused or neglected;
                     (E)  a volunteer or applicant volunteer with a
  Texas chapter of the Make-a-Wish Foundation of America;
                     (F)  a person providing, at the request of the
  child's parent, in-home care for a child only if the person gives
  written consent to the release and disclosure of the information;
                     (G)  a child who is related to the caretaker, as
  determined under Section 42.002, Human Resources Code, and who
  resides in or is present in a child-care facility or family home,
  other than a child described by Subdivision (2)(C), or any other
  person who has unsupervised access to a child in the care of a
  child-care facility or family home;
                     (H)  an applicant for a position with the
  Department of Family and Protective Services, other than a position
  described by Subdivision (2)(D), regardless of the duties of the
  position;
                     (I)  a volunteer or applicant volunteer with the
  Department of Family and Protective Services, other than a
  registered volunteer, regardless of the duties to be performed;
                     (J)  a person providing or applying to provide
  in-home, adoptive, or foster care for children to the extent
  necessary to comply with Subchapter B, Chapter 162, Family Code;
                     (K)  a Department of Family and Protective
  Services employee, other than an employee described by Subdivision
  (2)(H), regardless of the duties of the employee's position;
                     (L)  a relative of a child in the care of the
  Department of Family and Protective Services, to the extent
  necessary to comply with Section 162.007, Family Code;
                     (M)  a person, other than an alleged perpetrator
  in a report described in Subdivision (2)(I), living in the
  residence in which the alleged victim of the report resides;
                     (N)  [a contractor or an employee of a contractor
  who delivers services to a ward of the Department of Family and
  Protective Services under a contract with the estate of the ward;
                     [(O)     a person who seeks unsupervised visits with
  a ward of the Department of Family and Protective Services,
  including a relative of the ward;
                     [(P)]  an employee, volunteer, or applicant
  volunteer of a children's advocacy center under Subchapter E,
  Chapter 264, Family Code, including a member of the governing board
  of a center;
                     (O) [(Q)]  an employee of, an applicant for
  employment with, or a volunteer or an applicant volunteer with an
  entity or person that contracts with the Department of Family and
  Protective Services and has access to confidential information in
  the department's records, if the employee, applicant, volunteer, or
  applicant volunteer has or will have access to that confidential
  information;
                     (P) [(R)]  an employee of or volunteer at, or an
  applicant for employment with or to be a volunteer at, an entity
  that provides supervised independent living services to a young
  adult receiving extended foster care services from the Department
  of Family and Protective Services;
                     (Q) [(S)]  a person 14 years of age or older who
  will be regularly or frequently working or staying in a host home
  that is providing supervised independent living services to a young
  adult receiving extended foster care services from the Department
  of Family and Protective Services; or
                     (R) [(T)]  a person who volunteers to supervise
  visitation under Subchapter B, Chapter 263, Family Code.
         SECTION 2.005.  Sections 411.1386(a-1) and (a-3),
  Government Code, are amended to read as follows:
         (a-1)  The Department of Aging and Disability Services shall
  obtain from the Department of Public Safety criminal history record
  information maintained by the Department of Public Safety that
  relates to each individual who is or will be providing guardianship
  services to a ward of or referred by the Department of Aging and
  Disability Services, including:
               (1)  an employee of or an applicant selected for an
  employment position with the Department of Aging and Disability
  Services;
               (2)  a volunteer or an applicant selected to volunteer
  with the Department of Aging and Disability Services;
               (3)  an employee of or an applicant selected for an
  employment position with a business entity or other person that
  contracts with the Department of Aging and Disability Services to
  provide guardianship services to a ward referred by the department;
  [and]
               (4)  a volunteer or an applicant selected to volunteer
  with a business entity or person described by Subdivision (3); and
               (5)  a contractor or an employee of a contractor who
  provides services to a ward of the Department of Aging and
  Disability Services under a contract with the estate of the ward.
         (a-3)  The information in Subsection (a-1) regarding
  employees, contractors, or volunteers providing guardianship
  services must be obtained annually.
         SECTION 2.006.  Section 411.13861, Government Code, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  The Department of Aging and Disability Services is
  entitled to obtain from the Department of Public Safety criminal
  history record information maintained by the Department of Public
  Safety that relates to a person:
               (1)  required to undergo a background and criminal
  history check under Chapter 248A, Health and Safety Code; or
               (2)  who seeks unsupervised visits with a ward of the
  department, including a relative of the ward.
         (e)  In this section, "ward" has the meaning assigned by
  Section 1002.030, Estates Code.
         SECTION 2.007.  Section 531.001, Government Code, is amended
  by amending Subdivisions (4-a) and (6) and adding Subdivision (4-b)
  to read as follows:
               (4-a)  "Home telemonitoring service" means a health
  service that requires scheduled remote monitoring of data related
  to a patient's health and transmission of the data to a licensed
  home and community support services [health] agency or a hospital,
  as those terms are defined by Section 531.02164(a).
               (4-b)  "Medicaid" means the medical assistance program
  established under Chapter 32, Human Resources Code.
               (6)  "Section 1915(c) waiver program" means a federally
  funded [Medicaid] program of the state under Medicaid that is
  authorized under Section 1915(c) of the federal Social Security Act
  (42 U.S.C. Section 1396n(c)).
         SECTION 2.008.  Section 531.0055(b), Government Code, is
  amended to read as follows:
         (b)  The commission shall:
               (1)  supervise the administration and operation of
  [the] Medicaid [program], including the administration and
  operation of the Medicaid managed care system in accordance with
  Section 531.021;
               (2)  perform information systems planning and
  management for health and human services agencies under Section
  531.0273, with:
                     (A)  the provision of information technology
  services at health and human services agencies considered to be a
  centralized administrative support service either performed by
  commission personnel or performed under a contract with the
  commission; and
                     (B)  an emphasis on research and implementation on
  a demonstration or pilot basis of appropriate and efficient uses of
  new and existing technology to improve the operation of health and
  human services agencies and delivery of health and human services;
               (3)  monitor and ensure the effective use of all
  federal funds received by a health and human services agency in
  accordance with Section 531.028 and the General Appropriations Act;
               (4)  implement Texas Integrated Enrollment Services as
  required by Subchapter F, except that notwithstanding Subchapter F,
  determining eligibility for benefits under the following programs
  is the responsibility of and must be centralized by the commission:
                     (A)  the child health plan program;
                     (B)  the financial assistance program under
  Chapter 31, Human Resources Code;
                     (C)  Medicaid [the medical assistance program
  under Chapter 32, Human Resources Code];
                     (D)  the supplemental nutrition [nutritional]
  assistance program [programs] under Chapter 33, Human Resources
  Code;
                     (E)  long-term care services, as defined by
  Section 22.0011, Human Resources Code;
                     (F)  community-based support services identified
  or provided in accordance with Section 531.02481; and
                     (G)  other health and human services programs, as
  appropriate; and
               (5)  implement programs intended to prevent family
  violence and provide services to victims of family violence.
         SECTION 2.009.  Subchapter A, Chapter 531, Government Code,
  is amended by adding Section 531.00551 to read as follows:
         Sec. 531.00551.  PROCEDURES FOR ADOPTING RULES AND POLICIES.
  (a) The executive commissioner shall develop procedures for
  adopting rules for the health and human services agencies. The
  procedures must specify the manner in which the health and human
  services agencies may participate in the rulemaking process.
         (b)  A health and human services agency shall assist the
  executive commissioner in the development of policies and
  guidelines needed for the administration of the agency's functions
  and shall submit any proposed policies and guidelines to the
  executive commissioner. The agency may implement a proposed policy
  or guideline only if the executive commissioner approves the policy
  or guideline.
         SECTION 2.010.  Section 531.006, Government Code, is amended
  to read as follows:
         Sec. 531.006.  ELIGIBILITY. (a) A person is not eligible
  for appointment as executive commissioner if the person or the
  person's spouse is an employee, officer, or paid consultant of a
  trade association in a field under the commission's jurisdiction.
         (b)  A person who is required to register as a lobbyist under
  Chapter 305 because of the person's activities for compensation in
  or on behalf of a profession related to a field under the
  commission's jurisdiction may not serve as executive commissioner.
         (c)  A person is not eligible for appointment as executive
  commissioner if the person has a financial interest in a
  corporation, organization, or association under contract with:
               (1)  the [Texas] Department of State Health Services,
  if the contract involves mental health services;
               (2)  the Department of Aging and Disability Services
  [Mental Health and Mental Retardation], if the contract involves
  intellectual and developmental disability services;
               (3)  a local mental health or intellectual and
  developmental disability [mental retardation] authority;[,] or
               (4)  a community center.
         SECTION 2.011.  Section 531.007, Government Code, is amended
  to read as follows:
         Sec. 531.007.  TERM. The executive commissioner serves a
  two-year term expiring February 1 of each odd-numbered year.
         SECTION 2.012.  Section 531.008(c), Government Code, is
  amended to read as follows:
         (c)  The executive commissioner shall establish the
  following divisions and offices within the commission:
               (1)  the eligibility services division to make
  eligibility determinations for services provided through the
  commission or a health and human services agency related to:
                     (A)  the child health plan program;
                     (B)  the financial assistance program under
  Chapter 31, Human Resources Code;
                     (C)  Medicaid [the medical assistance program
  under Chapter 32, Human Resources Code];
                     (D)  the supplemental nutrition [nutritional]
  assistance program [programs] under Chapter 33, Human Resources
  Code;
                     (E)  long-term care services, as defined by
  Section 22.0011, Human Resources Code;
                     (F)  community-based support services identified
  or provided in accordance with Section 531.02481; and
                     (G)  other health and human services programs, as
  appropriate;
               (2)  the office of inspector general to perform fraud
  and abuse investigation and enforcement functions as provided by
  Subchapter C and other law;
               (3)  the office of the ombudsman to:
                     (A)  provide dispute resolution services for the
  commission and the health and human services agencies; and
                     (B)  perform consumer protection functions
  related to health and human services;
               (4)  a purchasing division as provided by Section
  531.017; and
               (5)  an internal audit division to conduct a program of
  internal auditing in accordance with [Government Code,] Chapter
  2102.
         SECTION 2.013.  Section 531.0081, Government Code, is
  amended to read as follows:
         Sec. 531.0081.  [OFFICE OF] MEDICAL TECHNOLOGY. [(a) In
  this section, "office" means the office of medical technology.]
         (b)  The commission shall [establish the office of medical
  technology within the commission.     The office shall] explore and
  evaluate new developments in medical technology and propose
  implementing the technology in Medicaid [the medical assistance
  program under Chapter 32, Human Resources Code], if appropriate and
  cost-effective.
         (c)  Commission [Office] staff implementing this section
  must have skills and experience in research regarding health care
  technology.
         SECTION 2.014.  Section 531.0082(d), Government Code, is
  amended to read as follows:
         (d)  Not later than the 30th day following the end of each
  calendar quarter, the data analysis unit shall provide an update on
  the unit's activities and findings to the governor, the lieutenant
  governor, the speaker of the house of representatives, the chair of
  the Senate Finance Committee, the chair of the House Appropriations
  Committee, and the chairs of the standing committees of the senate
  and house of representatives having jurisdiction over [the]
  Medicaid [program].
         SECTION 2.015.  Sections 531.009(a), (b), (c), (d), (e), and
  (g), Government Code, are amended to read as follows:
         (a)  The executive commissioner shall employ a medical
  director to provide medical expertise to the executive commissioner
  and the commission and may employ other personnel necessary to
  administer the commission's duties.
         (b)  The executive commissioner [or the commissioner's
  designated representative] shall develop an intra-agency career
  ladder program, one part of which must require the intra-agency
  posting of all non-entry-level positions concurrently with any
  public posting.
         (c)  The executive commissioner [or the commissioner's
  designated representative] shall develop a system of annual
  performance evaluations based on measurable job tasks. All merit
  pay for commission employees must be based on the system
  established under this subsection.
         (d)  The executive commissioner shall provide to commission
  employees as often as is necessary information regarding their
  qualifications under this chapter and their responsibilities under
  applicable laws relating to standards of conduct for state
  employees.
         (e)  The executive commissioner [or the commissioner's
  designated representative] shall prepare and maintain a written
  policy statement that implements a program of equal employment
  opportunity to ensure that all personnel transactions are made
  without regard to race, color, disability, sex, religion, age, or
  national origin.
         (g)  The policy statement described by Subsection (e) must:
               (1)  be updated annually;
               (2)  be reviewed by the Texas Workforce Commission
  civil rights division [state Commission on Human Rights] for
  compliance with Subsection (f)(1); and
               (3)  be filed with the governor's office.
         SECTION 2.016.  Section 531.011(d), Government Code, is
  amended to read as follows:
         (d)  The executive commissioner by rule shall establish
  methods by which the public, consumers, and service recipients can
  be notified of the mailing addresses and telephone numbers of
  appropriate agency personnel for the purpose of directing
  complaints to the commission. The commission may provide for that
  notification:
               (1)  on each registration form, application, or written
  contract for services of a person regulated by the commission;
               (2)  on a sign prominently displayed in the place of
  business of each person regulated by the commission; or
               (3)  in a bill for service provided by a person
  regulated by the commission.
         SECTION 2.017.  Section 531.012, Government Code, is amended
  to read as follows:
         Sec. 531.012.  ADVISORY COMMITTEES. The executive  
  commissioner may appoint advisory committees as needed.
         SECTION 2.018.  Section 531.020, Government Code, is amended
  to read as follows:
         Sec. 531.020.  OFFICE OF COMMUNITY ACCESS AND SERVICES
  [COLLABORATION]. The executive commissioner shall establish
  within the commission an office of community access and services
  [collaboration]. The office is responsible for:
               (1)  collaborating with community, state, and federal
  stakeholders to improve the elements of the health care system that
  are involved in the delivery of Medicaid services; and
               (2)  sharing with Medicaid providers, including
  hospitals, any best practices, resources, or other information
  regarding improvements to the health care system.
         SECTION 2.019.  Section 531.021, Government Code, is amended
  to read as follows:
         Sec. 531.021.  ADMINISTRATION OF MEDICAID [PROGRAM]. (a)
  The commission is the state agency designated to administer federal
  Medicaid [medical assistance] funds.
         (b)  The commission shall:
               (1)  plan and direct [the] Medicaid [program] in each
  agency that operates a portion of [the] Medicaid [program],
  including the management of the Medicaid managed care system and
  the development, procurement, management, and monitoring of
  contracts necessary to implement the Medicaid managed care system;
  and
               (2)  [adopt reasonable rules and standards governing
  the determination of fees, charges, and rates for medical
  assistance payments under Chapter 32, Human Resources Code, in
  consultation with the agencies that operate the Medicaid program;
  and
               [(3)]  establish requirements for and define the scope
  of the ongoing evaluation of the Medicaid managed care system
  conducted in conjunction with the Department of State Health
  Services [Texas Health Care Information Council] under Section
  108.0065, Health and Safety Code.
         (b-1)  The executive commissioner shall adopt reasonable
  rules and standards governing the determination of fees, charges,
  and rates for Medicaid payments.
         (c)  The executive commissioner [commission] in the [its]
  adoption of reasonable rules and standards under Subsection (b-1) 
  [(b)(2)] shall include financial performance standards that, in the
  event of a proposed rate reduction, provide private ICF-IID 
  [ICF-MR] facilities and home and community-based services
  providers with flexibility in determining how to use Medicaid
  [medical assistance] payments to provide services in the most
  cost-effective manner while continuing to meet the state and
  federal requirements of [the] Medicaid [program].
         (d)  In adopting rules and standards required by Subsection
  (b-1) [(b)(2)], the executive commissioner [commission] may
  provide for payment of fees, charges, and rates in accordance with:
               (1)  formulas, procedures, or methodologies prescribed
  by the commission's rules;
               (2)  applicable state or federal law, policies, rules,
  regulations, or guidelines;
               (3)  economic conditions that substantially and
  materially affect provider participation in [the] Medicaid
  [program], as determined by the executive commissioner; or
               (4)  available levels of appropriated state and federal
  funds.
         (e)  Notwithstanding any other provision of Chapter 32,
  Human Resources Code, Chapter 533, or this chapter, the commission
  may adjust the fees, charges, and rates paid to Medicaid providers
  as necessary to achieve the objectives of [the] Medicaid [program]
  in a manner consistent with the considerations described by
  Subsection (d).
         (f)  In adopting rates for Medicaid [medical assistance]
  payments under Subsection (b-1) [(b)(2)], the executive
  commissioner may adopt reimbursement rates for appropriate nursing
  services provided to recipients with certain health conditions if
  those services are determined to provide a cost-effective
  alternative to hospitalization.  A physician must certify that the
  nursing services are medically appropriate for the recipient for
  those services to qualify for reimbursement under this subsection.
         (g)  In adopting rates for Medicaid [medical assistance]
  payments under Subsection (b-1) [(b)(2)], the executive
  commissioner may adopt cost-effective reimbursement rates for
  group appointments with Medicaid [medical assistance] providers
  for certain diseases and medical conditions specified by rules of
  the executive commissioner.
         SECTION 2.020.  Sections 531.0211(a) and (c), Government
  Code, are amended to read as follows:
         (a)  In adopting rules to implement a managed care Medicaid
  program, the executive commissioner [commission] shall establish
  guidelines for, and require managed care organizations to provide,
  education programs for providers and clients using a variety of
  techniques and mediums.
         (c)  A client education program must present information in a
  manner that is easy to understand. A program must include
  information on:
               (1)  a client's rights and responsibilities under the
  bill of rights and the bill of responsibilities prescribed by
  Section 531.0212;
               (2)  how to access health care services;
               (3)  how to access complaint procedures and the
  client's right to bypass the managed care organization's internal
  complaint system and use the notice and appeal procedures otherwise
  required by [the] Medicaid [program];
               (4)  Medicaid policies, procedures, eligibility
  standards, and benefits;
               (5)  the policies and procedures of the managed care
  organization; and
               (6)  the importance of prevention, early intervention,
  and appropriate use of services.
         SECTION 2.021.  Sections 531.02111(a) and (b), Government
  Code, are amended to read as follows:
         (a)  The commission shall prepare a biennial Medicaid
  financial report covering each state agency that operates 
  [administers] any part of [the state] Medicaid [program] and each
  component of [the] Medicaid [programs] operated [or administered]
  by those agencies.
         (b)  The report must include:
               (1)  for each state agency described by Subsection (a):
                     (A)  a description of each of the components of 
  Medicaid [programs administered or] operated by the agency; and
                     (B)  an accounting of all funds related to [the
  state] Medicaid [program] received and disbursed by the agency
  during the period covered by the report, including:
                           (i)  the amount of any federal Medicaid
  [medical assistance] funds allocated to the agency for the support
  of each of the Medicaid components [programs] operated [or
  administered] by the agency;
                           (ii)  the amount of any funds appropriated
  by the legislature to the agency for each of those components 
  [programs]; and
                           (iii)  the amount of Medicaid [medical
  assistance] payments and related expenditures made by or in
  connection with each of those components [programs]; and
               (2)  for each Medicaid component [program] identified
  in the report:
                     (A)  the amount and source of funds or other
  revenue received by or made available to the agency for the
  component [program]; and
                     (B)  the information required by Section
  531.02112(b).
         SECTION 2.022.  Sections 531.02112(a) and (b), Government
  Code, are amended to read as follows:
         (a)  The commission shall prepare a report, on a quarterly
  basis, regarding the Medicaid expenditures of each state agency
  that [administers or] operates a component of Medicaid [program].
         (b)  The report must identify each agency's expenditures by
  Medicaid component [program] and must include for each component 
  [program]:
               (1)  the amount spent on each type of service or benefit
  provided by or under the component [program];
               (2)  the amount spent on [program] operations for that
  component, including eligibility determination, claims processing,
  and case management; and
               (3)  the amount spent on any other administrative
  costs.
         SECTION 2.023.  Sections 531.02115(a) and (c), Government
  Code, are amended to read as follows:
         (a)  A provider participating in [the] Medicaid or the child
  health plan program, including a provider participating in the
  network of a managed care organization that contracts with the
  commission to provide services under [the] Medicaid or the child
  health plan program, may not engage in any marketing activity,
  including any dissemination of material or other attempt to
  communicate, that:
               (1)  involves unsolicited personal contact, including
  by door-to-door solicitation, solicitation at a child-care
  facility or other type of facility, direct mail, or telephone, with
  a Medicaid client or a parent whose child is enrolled in [the]
  Medicaid or the child health plan program;
               (2)  is directed at the client or parent solely because
  the client or the parent's child is receiving benefits under [the]
  Medicaid or the child health plan program; and
               (3)  is intended to influence the client's or parent's
  choice of provider.
         (c)  Nothing in this section prohibits:
               (1)  a provider participating in [the] Medicaid or the 
  child health plan program from:
                     (A)  engaging in a marketing activity, including
  any dissemination of material or other attempt to communicate, that
  is intended to influence the choice of provider by a Medicaid client
  or a parent whose child is enrolled in [the] Medicaid or the child
  health plan program, if the marketing activity:
                           (i)  is conducted at a community-sponsored
  educational event, health fair, outreach activity, or other similar
  community or nonprofit event in which the provider participates and
  does not involve unsolicited personal contact or promotion of the
  provider's practice; or
                           (ii)  involves only the general
  dissemination of information, including by television, radio,
  newspaper, or billboard advertisement, and does not involve
  unsolicited personal contact;
                     (B)  as permitted under the provider's contract,
  engaging in the dissemination of material or another attempt to
  communicate with a Medicaid client or a parent whose child is
  enrolled in [the] Medicaid or the child health plan program,
  including communication in person or by direct mail or telephone,
  for the purpose of:
                           (i)  providing an appointment reminder;
                           (ii)  distributing promotional health
  materials;
                           (iii)  providing information about the types
  of services offered by the provider; or
                           (iv)  coordinating patient care; or
                     (C)  engaging in a marketing activity that has
  been submitted for review and obtained a notice of prior
  authorization from the commission under Subsection (d); or
               (2)  a provider participating in the [Medicaid] STAR +
  PLUS Medicaid managed care program from, as permitted under the
  provider's contract, engaging in a marketing activity, including
  any dissemination of material or other attempt to communicate, that
  is intended to educate a Medicaid client about available long-term
  care services and supports.
         SECTION 2.024.  Sections 531.0212(a) and (c), Government
  Code, are amended to read as follows:
         (a)  The executive commissioner [commission] by rule shall
  adopt a bill of rights and a bill of responsibilities for each
  person enrolled in [the] Medicaid [program].
         (c)  The bill of responsibilities must address a client's
  responsibility to:
               (1)  learn and understand each right the client has
  under [the] Medicaid [program];
               (2)  abide by the health plan and Medicaid policies and
  procedures;
               (3)  share information relating to the client's health
  status with the primary care provider and become fully informed
  about service and treatment options; and
               (4)  actively participate in decisions relating to
  service and treatment options, make personal choices, and take
  action to maintain the client's health.
         SECTION 2.025.  Section 531.0213(d), Government Code, is
  amended to read as follows:
         (d)  As a part of the support and information services
  required by this section, the commission or nonprofit organization
  shall:
               (1)  operate a statewide toll-free assistance
  telephone number that includes TDD lines and assistance for persons
  who speak Spanish;
               (2)  intervene promptly with the state Medicaid office,
  managed care organizations and providers, [the Texas Department of
  Health,] and any other appropriate entity on behalf of a person who
  has an urgent need for medical services;
               (3)  assist a person who is experiencing barriers in
  the Medicaid application and enrollment process and refer the
  person for further assistance if appropriate;
               (4)  educate persons so that they:
                     (A)  understand the concept of managed care;
      &#