By: Herrero (Senate Sponsor - Watson) H.B. No. 3052          (In the Senate - Received from the House May 10, 2017;   May 12, 2017, read first time and referred to Committee on Business &   Commerce; May 21, 2017, reported favorably by the following vote:     Yeas 8, Nays 0; May 21, 2017, sent to printer.)Click here to see the committee vote    A BILL TO BE ENTITLED   AN ACT     relating to an authorization agreement between a parent and a   nonparent relative of the child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  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 3.  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 4.  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 5.  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 6.  This Act takes effect September 1, 2017.     * * * * *