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|  | AN ACT | 
|  | relating to the designation by the Department of Family and | 
|  | Protective Services of an individual to consent on behalf of the | 
|  | department to medical care for a child in foster care. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Section 266.004(c), Family Code, as added by | 
|  | Chapter 268, Acts of the 79th Legislature, Regular Session, 2005, | 
|  | is amended to read as follows: | 
|  | (c)  If the person authorized by the court to consent to | 
|  | medical care is the department or an agent of the department, the | 
|  | department shall, not later than the fifth business day after the | 
|  | date the court provides authorization, file with the court and each | 
|  | party the name of the individual who will exercise the duty and | 
|  | responsibility of providing [ informed] consent on behalf of the | 
|  | department.  The department may designate the child's foster parent | 
|  | or the child's parent, if the parent's rights have not been | 
|  | terminated, to exercise the duty and responsibility of providing | 
|  | consent on behalf of the department under this subsection.  If the | 
|  | [ that] individual designated under this subsection changes, the | 
|  | department shall file notice of the change with the court and each | 
|  | party not later than the fifth business day after the date of the | 
|  | change. | 
|  | SECTION 2.  This Act takes effect immediately if it receives | 
|  | a vote of two-thirds of all the members elected to each house, as | 
|  | provided by Section 39, Article III, Texas Constitution.  If this | 
|  | Act does not receive the vote necessary for immediate effect, this | 
|  | Act takes effect September 1, 2007. | 
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|  | ______________________________ | ______________________________ | 
|  | President of the Senate | Speaker of the House | 
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|  | I certify that H.B. No. 2580 was passed by the House on May 8, | 
|  | 2007, by the following vote:  Yeas 146, Nays 0, 2 present, not | 
|  | voting. | 
|  |  | 
|  | ______________________________ | 
|  | Chief Clerk of the House | 
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|  | I certify that H.B. No. 2580 was passed by the Senate on May | 
|  | 22, 2007, by the following vote:  Yeas 31, Nays 0. | 
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|  | ______________________________ | 
|  | Secretary of the Senate | 
|  | APPROVED:  _____________________ | 
|  | Date | 
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|  | _____________________ | 
|  | Governor |