H.B. No. 1043

	AN ACT
	relating to a court order authorizing temporary care of a minor
	child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle A, Title 2, Family Code, is amended by
	adding Chapter 35 to read as follows:
	CHAPTER 35. TEMPORARY AUTHORIZATION FOR CARE OF MINOR CHILD
	Sec. 35.001.  APPLICABILITY. This chapter applies to a
	person whose relationship to a child would make the person eligible
	to consent to treatment under Section 32.001 or eligible to enter an
	authorization agreement under Section 34.001.
	Sec. 35.002.  TEMPORARY AUTHORIZATION. A person described
	by Section 35.001 may seek a court order for temporary
	authorization for care of a child by filing a petition in the
	district court in the county in which the person resides if:
	(1)  the child has resided with the person for at least
	the 30 days preceding the date the petition was filed; and
	(2)  the person does not have an authorization
	agreement under Chapter 34 or other signed, written documentation
	from a parent, conservator, or guardian that enables the person to
	provide necessary care for the child.
	Sec. 35.003.  PETITION FOR TEMPORARY AUTHORIZATION FOR CARE
	OF CHILD. (a) A petition for temporary authorization for care of a
	child must:
	(1)  be styled "ex parte" and be in the name of the
	child;
	(2)  be verified by the petitioner;
	(3)  state:
	(A)  the name, date of birth, and current physical
	address of the child;
	(B)  the name, date of birth, and current physical
	address of the petitioner; and
	(C)  the name and, if known, the current physical
	and mailing addresses of the child's parents, conservators, or
	guardians;
	(4)  describe the status and location of any court
	proceeding in this or another state with respect to the child;
	(5)  describe the petitioner's relationship to the
	child;
	(6)  provide the dates during the preceding 12 months
	that the child has resided with the petitioner;
	(7)  describe any service or action that the petitioner
	is unable to obtain or undertake on behalf of the child without
	authorization from the court;
	(8)  state any reason that the petitioner is unable to
	obtain signed, written documentation from a parent, conservator, or
	guardian of the child;
	(9)  contain a statement of the period for which the
	petitioner is requesting temporary authorization; and
	(10)  contain a statement of any reason supporting the
	request for the temporary authorization.
	(b)  If the petition identifies a court proceeding with
	respect to the child under Subsection (a)(4), the petitioner shall
	submit a copy of any court order that designates a conservator or
	guardian of the child.
	Sec. 35.004.  NOTICE; HEARING. (a) On receipt of the
	petition, the court shall set a hearing.
	(b)  A copy of the petition and notice of the hearing shall be
	delivered to the parent, conservator, or guardian of the child by
	personal service or by certified mail, return receipt requested, at
	the last known address of the parent, conservator, or guardian.
	(c)  Proof of service under Subsection (b) must be filed with
	the court at least three days before the date of the hearing.
	Sec. 35.005.  ORDER FOR TEMPORARY AUTHORIZATION. (a) At the
	hearing on the petition, the court may hear evidence relating to the
	child's need for care by the petitioner, any other matter raised in
	the petition, and any objection or other testimony of the child's
	parent, conservator, or guardian.
	(b)  The court shall award temporary authorization for care
	of the child to the petitioner if the court finds it is necessary to
	the child's welfare and no objection is made by the child's parent,
	conservator, or guardian. If an objection is made, the court shall
	dismiss the petition without prejudice.
	(c)  The court shall grant the petition for temporary
	authorization only if the court finds by a preponderance of the
	evidence that the child does not have a parent, conservator,
	guardian, or other legal representative available to give the
	necessary consent.
	(d)  The order granting temporary authorization under this
	chapter expires on the first anniversary of the date of issuance or
	at an earlier date determined by the court. The order may authorize
	the petitioner to:
	(1)  consent to medical, dental, psychological, and
	surgical treatment and immunization of the child;
	(2)  execute any consent or authorization for the
	release of information as required by law relating to the treatment
	or immunization under Subdivision (1);
	(3)  obtain and maintain any public benefit for the
	child;
	(4)  enroll the child in a day-care program, preschool,
	or public or private primary or secondary school;
	(5)  authorize the child to participate in
	age-appropriate extracurricular, civic, social, or recreational
	activities, including athletic activities; and
	(6)  authorize or consent to any other care for the
	child essential to the child's welfare.
	(e)  An order granting temporary authorization under this
	chapter must state:
	(1)  the name and date of birth of the person with
	temporary authorization to care for the child;
	(2)  the specific areas of authorization granted to the
	person;
	(3)  that the order does not supersede any rights of a
	parent, conservator, or guardian as provided by court order; and
	(4)  the expiration date of the temporary authorization
	order.
	(f)  A copy of an order for temporary authorization must:
	(1)  be filed under the cause number in any court that
	has rendered a conservatorship or guardian order regarding the
	child; and
	(2)  be sent to the last known address of the child's
	parent, conservator, or guardian.
	Sec. 35.006.  RENEWAL OR TERMINATION OF TEMPORARY
	AUTHORIZATION. (a) A temporary authorization order may be renewed
	by court order for a period of not more than one year on a showing by
	the petitioner of a continuing need for the order.
	(b)  At any time, the petitioner or the child's parent,
	conservator, or guardian may request the court to terminate the
	order. The court shall terminate the order on finding that there is
	no longer a need for the order.
	Sec. 35.007.  EFFECT OF TEMPORARY AUTHORIZATION. (a) A
	person who relies in good faith on a temporary authorization order
	under this chapter is not subject to:
	(1)  civil or criminal liability to any person; or
	(2)  professional disciplinary action.
	(b)  A temporary authorization order does not affect the
	rights of the child's parent, conservator, or guardian regarding
	the care, custody, and control of the child, and does not establish
	legal custody of the child.
	(c)  A temporary authorization order does not confer or
	affect standing or a right of intervention in any proceeding under
	Title 5.
	(d)  An order under this chapter is not a child custody
	determination and does not create a court of continuing, exclusive
	jurisdiction under Title 5.
	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, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1043 was passed by the House on April
	20, 2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1043 was passed by the Senate on May
	19, 2017, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor