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  H.B. No. 3052
 
 
 
 
AN ACT
  relating to certain protective orders and agreements involving
  families.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 6.405, Family Code, is amended to read as
  follows:
         Sec. 6.405.  PROTECTIVE ORDER AND RELATED ORDERS. (a)  The
  petition in a suit for dissolution of a marriage must state whether,
  in regard to a party to the suit or a child of a party to the suit:
               (1)  there is in effect:
                     (A)  a protective order under Title 4;
                     (B)  a protective order under Chapter 7A, Code of
  Criminal Procedure; or
                     (C)  an order for emergency protection under
  Article 17.292, Code of Criminal Procedure; [is in effect] or
               (2)  [if] an application for an [a protective] order
  described by Subdivision (1) is pending [with regard to the parties
  to the suit].
         (b)  The petitioner shall attach to the petition a copy of
  each [protective] order described by Subsection (a)(1) [issued
  under Title 4] in which a party [one of the parties] to the suit or
  the child of a party to the suit was the applicant or victim of the
  conduct alleged in the application or order and the other party was
  the respondent or defendant of an action regarding the conduct
  alleged in the application or order without regard to the date of
  the order. If a copy of the [protective] order is not available at
  the time of filing, the petition must state that a copy of the order
  will be filed with the court before any hearing.
         SECTION 2.  Section 34.002(a), Family Code, is amended to
  read as follows:
         (a)  A parent or both parents of a child may enter into an
  authorization agreement with a relative of the child listed in
  Section 34.001 to authorize the relative to perform the following
  acts in regard to the child:
               (1)  to authorize medical, dental, psychological, or
  surgical treatment and immunization of the child, including
  executing any consents or authorizations for the release of
  information as required by law relating to the treatment or
  immunization;
               (2)  to obtain and maintain health insurance coverage
  for the child and automobile insurance coverage for the child, if
  appropriate;
               (3)  to enroll the child in a day-care program or
  preschool or in a public or private elementary or secondary school;
               (4)  to authorize the child to participate in
  age-appropriate extracurricular, civic, social, or recreational
  activities, including athletic activities;
               (5)  to authorize the child to obtain a learner's
  permit, driver's license, or state-issued identification card;
               (6)  to authorize employment of the child; [and]
               (7)  to apply for and receive public benefits on behalf
  of the child; and
               (8)  to obtain:
                     (A)  copies or originals of state-issued personal
  identification documents for the child, including the child's birth
  certificate; and
                     (B)  to the extent authorized under federal law,
  copies or originals of federally issued personal identification
  documents for the child, including the child's social security
  card.
         SECTION 3.  Section 34.003, Family Code, is amended to read
  as follows:
         Sec. 34.003.  CONTENTS OF AUTHORIZATION AGREEMENT. (a)  The
  authorization agreement must contain:
               (1)  the following information from the relative of the
  child to whom the parent is giving authorization:
                     (A)  the name and signature of the relative;
                     (B)  the relative's relationship to the child; and
                     (C)  the relative's current physical address and
  telephone number or the best way to contact the relative;
               (2)  the following information from the parent:
                     (A)  the name and signature of the parent; and
                     (B)  the parent's current address and telephone
  number or the best way to contact the parent;
               (3)  the information in Subdivision (2) with respect to
  the other parent, if applicable;
               (4)  a statement that the relative has been given
  authorization to perform the functions listed in Section 34.002(a)
  as a result of a voluntary action of the parent and that the
  relative has voluntarily assumed the responsibility of performing
  those functions;
               (5)  statements that neither the parent nor the
  relative has knowledge that a parent, guardian, custodian, licensed
  child-placing agency, or other authorized agency asserts any claim
  or authority inconsistent with the authorization agreement under
  this chapter with regard to actual physical possession or care,
  custody, or control of the child;
               (6)  statements that:
                     (A)  to the best of the parent's and relative's
  knowledge:
                           (i)  there is no court order or pending suit
  affecting the parent-child relationship concerning the child;
                           (ii)  there is no pending litigation in any
  court concerning:
                                 (a)  custody, possession, or placement
  of the child; or
                                 (b)  access to or visitation with the
  child; and
                           (iii)  a [the] court does not have
  continuing jurisdiction concerning the child; or
                     (B)  the court with continuing jurisdiction
  concerning the child has given written approval for the execution
  of the authorization agreement accompanied by the following
  information:
                           (i)  the county in which the court is
  located;
                           (ii)  the number of the court; and
                           (iii)  the cause number in which the order
  was issued or the litigation is pending;
               (7)  a statement that to the best of the parent's and
  relative's knowledge there is no current, valid authorization
  agreement regarding the child;
               (8)  a statement that the authorization is made in
  conformance with this chapter;
               (9)  a statement that the parent and the relative
  understand that each party to the authorization agreement is
  required by law to immediately provide to each other party
  information regarding any change in the party's address or contact
  information;
               (10)  a statement by the parent that establishes the
  circumstances under which the authorization agreement expires,
  including that the authorization agreement:
                     (A)  is valid until revoked;
                     (B)  continues in effect after the death or during
  any incapacity of the parent; or
                     (C)  expires on a date stated in the authorization
  agreement; and
               (11)  space for the signature and seal of a notary
  public.
         (b)  The authorization agreement must contain the following
  warnings and disclosures:
               (1)  that the authorization agreement is an important
  legal document;
               (2)  that the parent and the relative must read all of
  the warnings and disclosures before signing the authorization
  agreement;
               (3)  that the persons signing the authorization
  agreement are not required to consult an attorney but are advised to
  do so;
               (4)  that the parent's rights as a parent may be
  adversely affected by placing or leaving the parent's child with
  another person;
               (5)  that the authorization agreement does not confer
  on the relative the rights of a managing or possessory conservator
  or legal guardian;
               (6)  that a parent who is a party to the authorization
  agreement may terminate the authorization agreement and resume
  custody, possession, care, and control of the child on demand and
  that at any time the parent may request the return of the child;
               (7)  that failure by the relative to return the child to
  the parent immediately on request may have criminal and civil
  consequences;
               (8)  that, under other applicable law, the relative may
  be liable for certain expenses relating to the child in the
  relative's care but that the parent still retains the parental
  obligation to support the child;
               (9)  that, in certain circumstances, the authorization
  agreement may not be entered into without written permission of the
  court;
               (10)  that the authorization agreement may be
  terminated by certain court orders affecting the child;
               (11)  that the authorization agreement does not
  supersede, invalidate, or terminate any prior authorization
  agreement regarding the child;
               (12)  that the authorization agreement is void if a
  prior authorization agreement regarding the child is in effect and
  has not expired or been terminated;
               (13)  that, except as provided by Section 34.005(a-2)
  [34.005(a-1)], the authorization agreement is void unless not later
  than the 10th day after the date the authorization agreement is
  signed, [:
                     [(A)] the parties mail [a copy of the
  authorization agreement by certified mail, return receipt
  requested, or international registered mail, return receipt
  requested, as applicable,] to a parent who was not a party to the
  authorization agreement at the parent's last known address, if the
  parent is living and the parent's parental rights have not been
  terminated:
                     (A)  one copy of the authorization agreement by
  certified mail, return receipt requested, or international
  registered mail, return receipt requested, as applicable [, not
  later than the 10th day after the date the authorization agreement
  is signed]; and
                     (B)  one [if the parties do not receive a response
  from the parent who is not a party to the authorization agreement
  before the 20th day after the date the copy of the authorization
  agreement is mailed under Paragraph (A), the parties mail a second]
  copy of the authorization agreement by first class mail or
  international first class mail, as applicable[, to the parent not
  later than the 45th day after the date the authorization agreement
  is signed]; and
               (14)  that the authorization agreement does not confer
  on a relative of the child the right to authorize the performance of
  an abortion on the child or the administration of emergency
  contraception to the child.
         SECTION 4.  Section 34.004(b), Family Code, is amended to
  read as follows:
         (b)  A parent may not execute an authorization agreement
  without a written order by the appropriate court if:
               (1)  there is a court order or pending suit affecting
  the parent-child relationship concerning the child;
               (2)  there is pending litigation in any court
  concerning:
                     (A)  custody, possession, or placement of the
  child; or
                     (B)  access to or visitation with the child; or
               (3)  a [the] court has continuing, exclusive
  jurisdiction over the child.
         SECTION 5.  Section 34.005, Family Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsection (a-2) to
  read as follows:
         (a)  If both parents did not sign the authorization
  agreement, not later than the 10th day after the date the
  authorization agreement is executed the parties shall mail [a copy
  of the executed authorization agreement by certified mail, return
  receipt requested, or international registered mail, return
  receipt requested, as applicable,] to the parent who was not a party
  to the authorization agreement at the parent's last known address,
  [not later than the 10th day after the date the authorization
  agreement is executed] if that parent is living and that parent's
  parental rights have not been terminated:
               (1)  one copy of the executed authorization agreement
  by certified mail, return receipt requested, or international
  registered mail, return receipt requested, as applicable; and
               (2)  one [. If the parties do not receive a response
  from the parent who is not a party to the authorization agreement
  before the 20th day after the date the copy of the authorization
  agreement is mailed, the parties shall mail a second] copy of the
  executed authorization agreement by first class mail or
  international first class mail, as applicable[, to the parent at
  the same address not later than the 45th day after the date the
  authorization agreement is executed].
         (a-1)  Except as otherwise provided by Subsection (a-2), an
  [An] authorization agreement is void if the parties fail to comply
  with Subsection (a) [this subsection].
         (a-2) [(a-1)]  Subsection (a) does not apply to an
  authorization agreement if the parent who was not a party to the
  authorization agreement:
               (1)  does not have court-ordered possession of or
  access to the child who is the subject of the authorization
  agreement; and
               (2)  has previously committed an act of family
  violence, as defined by Section 71.004, or assault against the
  parent who is a party to the authorization agreement, the child who
  is the subject of the authorization agreement, or another child of
  the parent who is a party to the authorization agreement, as
  documented by one or more of the following:
                     (A)  the issuance of a protective order against
  the parent who was not a party to the authorization agreement as
  provided under Chapter 85 or under a similar law of another state;
  or
                     (B)  the conviction of the parent who was not a
  party to the authorization agreement of an offense under Title 5,
  Penal Code, or of another criminal offense in this state or in
  another state an element of which involves a violent act or
  prohibited sexual conduct.
         SECTION 6.  
  Section 102.008, Family Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (d) to read
  as follows:
         (b)  The petition must include:
               (1)  a statement that the court in which the petition is
  filed has continuing, exclusive jurisdiction or that no court has
  continuing jurisdiction of the suit;
               (2)  the name and date of birth of the child, except
  that if adoption of a child is requested, the name of the child may
  be omitted;
               (3)  the full name of the petitioner and the
  petitioner's relationship to the child or the fact that no
  relationship exists;
               (4)  the names of the parents, except in a suit in which
  adoption is requested;
               (5)  the name of the managing conservator, if any, or
  the child's custodian, if any, appointed by order of a court of
  another state or country;
               (6)  the names of the guardians of the person and estate
  of the child, if any;
               (7)  the names of possessory conservators or other
  persons, if any, having possession of or access to the child under
  an order of the court;
               (8)  the name of an alleged father of the child or a
  statement that the identity of the father of the child is unknown;
               (9)  a full description and statement of value of all
  property owned or possessed by the child;
               (10)  a statement describing what action the court is
  requested to take concerning the child and the statutory grounds on
  which the request is made; [and]
               (11)  a statement as to whether, in regard to a party to
  the suit or a child of a party to the suit:
                     (A)  there is in effect:
                           (i)  a protective order under Title 4;
                           (ii)  a protective order under Chapter 7A,
  Code of Criminal Procedure; or
                           (iii)  an order for emergency protection
  under Article 17.292, Code of Criminal Procedure; or
                     (B)  an application for an order described by
  Paragraph (A) is pending; and
               (12)  any other information required by this title.
         (c)  The petitioner shall attach a copy of each order
  described by Subsection (b)(11)(A) in which a party to the suit or a
  child of a party to the suit was the applicant or victim of the
  conduct alleged in the application or order and the other party was
  the respondent or defendant of an action regarding the conduct
  alleged in the application or order without regard to the date of
  the order. If a copy of the order is not available at the time of
  filing, the petition must state that a copy of the order will be
  filed with the court before any hearing.
         (d)  Notwithstanding any other provision of this section, if
  the Title IV-D agency files a petition in a suit affecting the
  parent-child relationship, the agency is not required to:
               (1)  include in the petition the statement described by
  Subsection (b)(11); or
               (2)  attach copies of the documentation described by
  Subsection (c).
         SECTION 7.  Subchapter G, Chapter 160, Family Code, is
  amended by adding Section 160.6035 to read as follows:
         Sec. 160.6035.  CONTENTS OF PETITION; STATEMENT RELATING TO
  CERTAIN PROTECTIVE ORDERS REQUIRED. (a)  The petition in a
  proceeding to adjudicate parentage must include a statement as to
  whether, in regard to a party to the proceeding or a child of a party
  to the proceeding:
               (1)  there is in effect:
                     (A)  a protective order under Title 4;
                     (B)  a protective order under Chapter 7A, Code of
  Criminal Procedure; or
                     (C)  an order for emergency protection under
  Article 17.292, Code of Criminal Procedure; or
               (2)  an application for an order described by
  Subdivision (1) is pending.
         (b)  The petitioner shall attach a copy of each order
  described by Subsection (a)(1) in which a party to the proceeding or
  a child of a party to the proceeding was the applicant or victim of
  the conduct alleged in the application or order and the other party
  was the respondent or defendant of an action regarding the conduct
  alleged in the application or order without regard to the date of
  the order. If a copy of the order is not available at the time of
  filing, the petition must state that a copy of the order will be
  filed with the court before any hearing.
         (c)  Notwithstanding any other provision of this section, if
  the Title IV-D agency files a petition in a proceeding to adjudicate
  parentage, the agency is not required to:
               (1)  include in the petition the statement described by
  Subsection (a); or
               (2)  attach copies of the documentation described by
  Subsection (b).
         SECTION 8.  Sections 6.405 and 102.008, Family Code, as
  amended by this Act, and Section 160.6035, Family Code, as added by
  this Act, apply only to a petition filed on or after September 1,
  2017. A petition filed before September 1, 2017, is governed by the
  law in effect on the date the petition was filed, and the former law
  is continued in effect for that purpose.
         SECTION 9.  The changes in law made by this Act apply only to
  an authorization agreement executed on or after the effective date
  of this Act. An authorization agreement executed before that date
  is governed by the law in effect on the date the authorization
  agreement was executed, and the former law is continued in effect
  for that purpose.
         SECTION 10.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3052 was passed by the House on May 9,
  2017, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3052 on May 26, 2017, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3052 was passed by the Senate, with
  amendments, on May 23, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor