Bill Text: TX HB841 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to certain statutory references to the Department of Family and Protective Services.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-21 - Effective immediately [HB841 Detail]
Download: Texas-2011-HB841-Enrolled.html
H.B. No. 841 |
|
||
relating to certain statutory references to the Department of | ||
Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.003(f), Family Code, is amended to | ||
read as follows: | ||
(f) The court may appoint to serve as guardian ad litem: | ||
(1) a person who may consent to treatment for the minor | ||
under Sections 32.001(a)(1)-(3); | ||
(2) a psychiatrist or an individual licensed or | ||
certified as a psychologist under Chapter 501, Occupations Code; | ||
(3) an appropriate employee of the Department of | ||
Family and Protective [ |
||
(4) a member of the clergy; or | ||
(5) another appropriate person selected by the court. | ||
SECTION 2. Section 33.008, Family Code, is amended to read | ||
as follows: | ||
Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; | ||
INVESTIGATION AND ASSISTANCE. (a) A physician who has reason to | ||
believe that a minor has been or may be physically or sexually | ||
abused by a person responsible for the minor's care, custody, or | ||
welfare, as that term is defined by Section 261.001, shall | ||
immediately report the suspected abuse to the Department of Family | ||
and Protective [ |
||
to the department for services or intervention that may be in the | ||
best interest of the minor. | ||
(b) The Department of Family and Protective [ |
||
|
||
under this section and, if appropriate, shall assist the minor in | ||
making an application with a court under Section 33.003. | ||
SECTION 3. Section 51.095(d), Family Code, is amended to | ||
read as follows: | ||
(d) Subsections (a)(1) and (a)(5) apply to the statement of | ||
a child made: | ||
(1) while the child is in a detention facility or other | ||
place of confinement; | ||
(2) while the child is in the custody of an officer; or | ||
(3) during or after the interrogation of the child by | ||
an officer if the child is in the possession of the Department of | ||
Family and Protective [ |
||
have engaged in conduct that violates a penal law of this state. | ||
SECTION 4. Section 81.005(a), Family Code, is amended to | ||
read as follows: | ||
(a) The court may assess reasonable attorney's fees against | ||
the party found to have committed family violence or a party against | ||
whom an agreed protective order is rendered under Section 85.005 as | ||
compensation for the services of a private or prosecuting attorney | ||
or an attorney employed by the Department of Family and Protective | ||
[ |
||
SECTION 5. Section 81.006, Family Code, is amended to read | ||
as follows: | ||
Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees | ||
collected under this chapter as compensation for the fees: | ||
(1) of a private attorney shall be paid to the private | ||
attorney who may enforce the order for fees in the attorney's own | ||
name; | ||
(2) of a prosecuting attorney shall be paid to the | ||
credit of the county fund from which the salaries of the employees | ||
of the prosecuting attorney are paid or supplemented; and | ||
(3) of an attorney employed by the Department of | ||
Family and Protective [ |
||
in the general revenue fund to the credit of the Department of | ||
Family and Protective [ |
||
SECTION 6. Section 81.0075, Family Code, is amended to read | ||
as follows: | ||
Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN | ||
CERTAIN SUBSEQUENT ACTIONS. A prosecuting attorney who represents | ||
a party in a proceeding under this subtitle is not precluded from | ||
representing the Department of Family and Protective [ |
||
|
||
SECTION 7. Section 82.002(d), Family Code, is amended to | ||
read as follows: | ||
(d) In addition, an application may be filed for the | ||
protection of any person alleged to be a victim of family violence | ||
by: | ||
(1) a prosecuting attorney; or | ||
(2) the Department of Family and Protective [ |
||
|
||
SECTION 8. Section 101.002, Family Code, is amended to read | ||
as follows: | ||
Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means | ||
a public social agency authorized to care for children, including | ||
the [ |
||
Services. | ||
SECTION 9. 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, private association, or | ||
corporation approved by the Department of Family and Protective | ||
[ |
||
license, certification, or other means. | ||
SECTION 10. 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) 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 11. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 841 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 143, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 841 was passed by the Senate on May | ||
10, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |