Family Law Changes in Texas, Legislative Update Sept. 2013


Legislative Update for Family Law in Texas

Eff. June 1, 2013
 TITLE 1. THE MARRIAGE RELATIONSHIP
Subtitle A. Marriage
CHAPTER 2. THE MARRIAGE RELATIONSHIP
Subchapter A.  Application For Marriage License.
§ 2.004. Application Form. – AMENDED
§ 2.006(c). Absent Applicant. – AMENDED
§ 2.007. Affidavit of Absent Applicant. – AMENDED
§ 2.0071. Maintenance Of Records By Clerk Relating To License For Absent Applicant- ADDED
§ 2.009(c). Issuance of License – AMENDED
§ 2.010. Aids Information; Posting On Internet. – AMENDED
§ 2.014(b). Family Trust Fund – AMENDED 
Subchapter C. Ceremony and Return of License
§ 2.201. Expiration Of License. – AMENDED
If a marriage ceremony has not been conducted before the 90th [31st] day after the date the license is issued, the marriage license expires.
§ 2.202(a)(b). Persons Authorized To Conduct Ceremony–AMENDED/ADDED
§ 2.203(b). Ceremony – AMENDED 
Subchapter E. Filing Suit
§ 6.4035(c). Waiver of Service – AMENDED
Subchapter H. Trial and Appeal
§ 6.708(c). Costs, Attorney Fees and Expenses – ADDED
Subtitle C. Dissolution Of Marriage
CHAPTER 8 – SPOUSAL COURT- ORDERED MAINTENANCE
Subchapter B. Court-Ordered Maintenance
§ 8.051. Eligibility For Maintenance [; Court Order]-AMENDED
§ 8.059. Enforcement of Maintenance Order – AMENDED/ADDED
Subchapter C. Income Withholding
§ 8.101(a-1-2). Income Withholding; General Rule – ADDED
CHAPTER 9 — POST DIVORCE PROCEEDINGS
Subchapter A. Suit to Enforce
§ 9.001. Enforcement of Decree – AMENDED
§ 9.002. Continuing Authority To Enforce Decree– AMENDED
§ 9.006(a)&(b). Enforcement of Division of Property– AMENDED
§ 9.009. Delivery of Property– AMENDED
TITLE 2. CHILD IN RELATION TO THE FAMILY
Subtitle A. Limitations Of Minority
CHAPTER 32—CONSENT TO TREATMENT OF CHILD BY NON PARENT OR CHILD
Subchapter B.   Immunization
§ 32.1011. Consent to Immunization by Child-ADDED
Subchapter C. Miscellaneous Provisions
§ 32.203. Consent By Minor To Housing Or Care Provided Through Transitional Living Program -ADDED
 TITLE 4-PROTECTIVE ORDERS AND FAMILY VIOLENCE
Subtitle B. Protective Orders
CHAPTER 81- GENERAL PROVISIONS

§ 81.0075. Representation By Prosecuting Attorney In Certain Other [Subsequent]
Actions AMENDED
CHAPTER 82- APPLYING FOR PROTECTIVE ORDERS
Subchapter A. Application for Protective Order
§ 82.003. Venue. – AMENDED
§ 82.004. Contents Of Application.-AMENDED
CHAPTER 85- ISSUANCE OF PROTECTIVE ORDERS
Subchapter A. Findings and Orders .
§ 85.0021. Requirements of Order Applying to any Party.-AMENDED
§ 85.0022. Requirements Of Order Applying To Person Who Committed Family Violence-AMENDED
§ 85.0042(a). Contents of Application.-AMENDED
TITLE 5 –THE PC RELATIONSHIP & SAPCR
Subtitle A – General Provisions .
CHAPTER 101. DEFINITIONS
§ 101.014. Use Of Digitized Signature – ADDED
CHAPTER 107 – SPECIAL APPOINTMENTS & SOCIAL STUDIES
Subchapter A. Court-Ordered Representation In SAPCR
§ 107.002. Powers and Duties of Guardian ad Litem for Child – AMENDED/ADDED
§ 107.003. Powers and Duties of Attorney ad Litem for Child & Amicus Attorney– AMENDED
§ 107.004(b)(c). Additional Duties of Attorney ad Litem for a Child– AMENDED/ADDED
§ 107.006(f). Access to Child and Information Relating to Child– REPEALED
Subchapter B. Appointments In Certain Suits
Part 1. Appointments In Suits By Governmental Entity § 107.013(a)(c). Mandatory
Appointment Of Attorney Ad Litem For Parent-AMENDED
§ 107.0131. Powers And Duties Of Attorney Ad Litem For Parent-AMENDED
§ 107.0132. Powers And Duties Of Attorney Ad Litem For Alleged Father-AMENDED
§ 107.014. Powers And Duties Of Attorney Ad Litem For Certain Parents-ADDED
Subtitle B. Suits Affecting The Parent-Child Relationship
CHAPTER 153 – CONSERVATORSHIP, POSSESSION, AND ACCESS
Subchapter A. General Provisions
§ 153.004. History of Domestic Violence or Sexual Abuse -AMENDED/ADDED
Subchapter F. Standard Possession Order
§ 153.316. General Terms & Conditions -AMENDED
§ 153.3162- Additional Periods Of Possession or Access After Conclusion Of Military Deployment-REPEALED
§ 153.317(a). Alternative Beginning & Ending Possession Times-AMENDED
CHAPTER 154. CHILD SUPPORT
Sub-chapter A. Court-Orderd Child Support .
§ 154.001(a-1). Support of Child – AMENDED
§ 154.062(b). Net Resources-AMENDED
Subchapter B. Computing Net Resources Available For Payment Of Child Support
§ 154.066. Intentional Unemployment or Underemployment-AMENDED
§ 154.068. Wage and Salary Presumption-AMENDED
CHAPTER 156. MODIFICATION
Subchapter A. General Provisions
Legislative Update 2013: Family Law

 

 § 156.401(a-2). Grounds for Modification of Child Support-AMENDED
CHAPTER 157. ENFORCEMENT
Subchapter D. Hearing And Enforcement Order-AMENDED
§ 157.162(b). – Proof -AMENDED .
§ 157.162(d &(e)).
– Proof – REPEALED
CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
Subchapter A. Income Withholding Required; General Provisions
§ 158.106. Required
C. Rights and Duties of Employer
§ 158.203. Remitting Withheld Payments-AMENDED/ADDED
CHAPTER 161 – TERMINATION OF THE PARENT-CHILD RELATIONSHIP
Subchapter A. Grounds
§ 161.005(e) and (i). Termination
When Parent is Petitioner-AMENDED
§ 161.007. Termination when Pregnancy Results from Criminal Act – AMENDED
CHAPTER 162. ADOPTION
Subchapter A.  ADOPTION OF A CHILD
§ 162.006(a)(a-1). Right To Examine Records –AMENDED/ADDED
Subtitle C. Judicial Resources And Services
CHAPTER 201. ASSOCIATE JUDGE
Subchapter A. Associate Judge
§ 201.015(a) and (e). De Novo Hearing Before Referring Court – AMENDED
Subchapter B. Associate Judge For Title IV-D Cases
§ 201.1042(b). De Novo Hearing Before Referring Court – AMENDED
Subtitle D. Administrative Services
CHAPTER 232. SUSPENSION OF LICENSE
§ 232.0135(b). Denial Of License Issuance or Renewal-AMENDED
Subtitle E. Protection Of The Child
CHAPTER 261. INVESTIGATION OF REPORT
OF CHILD ABUSE OR NEGLECT
Sub-chapter A. General Provisions
§ 261.109. Failure To Report; Penalty – AMENDED
CHAPTER 264. CHILD WELFARE SERVICES
Subchapter J. Family Drug Court Program-RE-DESGINATED to § 122 – GOV’T CODE
OTHER LEGISLATION AFFECTING THE FAMILY CODE BUSINESS & COMMERCE CODE
CHAPTER 20— REGULATION OF CONSUMER CREDIT REPORTING AGENCIES
Subchapter E.   Security Freeze for Child-ADDED
§ 20.21. Definitions
§ 20.22. Applicability; Conflict Of Law
§ 20.23. Proof Of Authority And Identification
§ 20.24. Use Of Record To Consider Creditworthiness Or For Other Purposes Prohibited
§ 20.25. Request To Place A Security Freeze; Creation Of Record
§ 20.26
Release Of Consumer Report Prohibited
§ 20.27. Period Of Security Freeze
§ 20.28. Removal of Security Freeze.
§ 20.29. Fees.
§ 20.30. Effect Of Material Misrepresentation of Fact
§ 20.31. Remedy For Violation
CIVIL PRACTICE & REMEDIES CODE

TITLE 2. TRIAL, JUDGMENT, AND APPEAL

Subtitle D. Appeals
CHAPTER 51—APPEALS
§ 51.014(c). Appeal from Interlocutory Orders – AMENDED
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
Subtitle C. Local Organization And Governance
CHAPTER 12
CHARTERS
Subchapter A. General Provisions Rules To Campus Or Program Granted Charter -AMENDED
§ 12.057(b-1). Status -ADDED
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
Subtitle G. Attorneys
CHAPTER 82. LICENSING OF ATTORNEYS
Subchapter A. Board Of Law Examiners
§ 82.65(b). Contract for Legal Services – AMENDED
 
§ 82.0651(a-c) & (g). Civil Liability For Prohibited Barratry –AMENDED/ADDED
CHAPTER 121. GENERALPROVISIONS
§ 121.001. Definition
§ 121.002. Oversight
CHAPTER 122 [SUBCHAPTER J]
FAMILY DRUG COURT PROGRAM-REDESIGNATED
§ 122.001 [264.801]. Family
Drug Court Program Defined
§ 122.002 [264.802]. Authority To Establish Program
§ 122.003 [264.804]. Participant Payment For Treatment And Services
§ 122.004 [264.805]. Funding
 
CHAPTER 123 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM-RE-DESIGNATED aND TRANSFERRED
CHAPTER 124 [SUBCHAPTER J]. VETERAN’S COURT PROGRAM – RE-DESIGNATED AND TRANSFERRED
CHAPTER 125 [SUBCHAPTER J]. MENTAL HEALTH COURT PROGRAM- RE-DESIGNATED AND TRANSFERRED
Subtitle I. Court Fees And Costs
CHAPTER 103. ADDITIONAL COURT FEES AND COSTS
Subchapter A. General Provisions
§ 103.0271. Additional Miscellaneous Fee and Costs: Government Code-ADDED
§ 103.0292. Additional Miscellaneous Fees And Costs: Health And Safety Code-ADDED
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 772. GOVERNMENTAL PLANNING
§ 772.0061(a-e) & (j). Specialty Courts Advisory Council-AMENDED/ADDED
TITLE 8. PUBLIC RETIREMENT SYSTEMS
 
Subtitle C. Teacher Retirement System Of Texas
CHAPTER 824. BENEFITS
Subchapter B. Beneficiaries
§ 824.1012(a) and (b). Post-Retirement Change In Retirement Payment Plan [Revocation Of
Beneficiary Designation] For Certain Retirement Benefit Options- AMENDED
§ 824.1013 (b). Change Of Beneficiary After Retirement-AMENDED
CHAPTER 825. ADMINISTRATION
Subchapter B. Board Of Trustees
§ 825.002(c), (e), and (e-1). Trustees
Appointed By Governor – AMENDED .
 § 825.115 (d) and (e). Applicability Of Certain Laws – ADDED
Subchapter C. Officers And Employees Of Board Of Trustees
§ 825.204 (d). Medical Board. -ADDED
§ 825.212(a), (b), and (c) Retirement System Ethics Policy – AMENDED
Subchapter D. Management Of Assets
AMENDE§ 825.312(b) Expense Account
§ 825.313(d). Transfers From Interest [Or State Contribution] Account- AMENDED
§ 825.314. Use [And Reporting] Of State Contributions [And Other Appropriations And Assets]
Subchapter E. Collection Of Membership Fees And Contributions
§ 825.404(e). Collection Of State Contributions [And Appropriated Operating Expenses]-AMENDED
§ 825.410(b). Payroll Deductions Or Installment Payments For Special Service Credit -AMENDED
Subchapter F. Miscellaneous Administrative Procedures .
§ 825.507(a), (b), (c), (f), and (g).
Record Confidentiality – AMENDED
§ 825.515(a) Information About Member Positions – AMENDED
TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES
Subtitle H. Health Benefits And Other Coverages For Governmental Employees
CHAPTER 1575. TEXAS PUBLIC SCHOOL EMPLOYEES GROUP BENEFITS PROGRAM
Subchapter A. General Provisions
§ 1575.003(1) Definition Of Dependent and Related Terms – AMENDED
Subchapter E. Contributions
§ 1575.205(c) Participation Contribution For Optional Plan- AMENDED
CHAPTER 1579. TEXAS SCHOOL EMPLOYEES
UNIFORM GROUP HEALTH COVERAGE 40
Subchapter A.   General Provisions
§ 1579.004. Definition Of Dependent -AMENDED
TITLE 6. OFFENSES AGAINST THE FAMILY
CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.07. Violation Of Certain Court Orders Or Conditions Of Bond In A Family Violence Case -ADDED
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 38
OBSTRUCTING GOVERNMENT OPERATION
§ 38.12(d)(e)  Barratry And Solicitation Of Professional Employment-AMENDED
THIS COMPILATION OF NEW LEGISLATION INCLUDES ONLY THOSE STATUTES AFFECTING TITLES 1, 2, 4, AND 5 OF THE TEXAS FAMILY CODE.   ALSO INCLUDED ARE SOME REVISIONS TO OTHER STATUTES AFFECTING FAMILY LAW. THERE WERE ALSO AMENDMENTS TO STATUTES INVOLVING THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES VI-D PROCEEDING, ALL OF WHICH ARE NOT INCLUDED IN THIS WRITING. THE TEXT OF THOSE AMENDMENTS CAN BE VIEWED BY ACCESSING:  http://www.capitol.state.tx.us/Home.aspx CAVEAT:THE LEGISLATION CONTAINED IN THIS PAPER IS BEING REPORTED BEFORE THE EXPIRATION OF THE GOVERNOR’S VETO PERIOD. BEFORE CITING BILL AS AUTHORITY, THE READER IS ADVISED TO VERIFY THAT THE BILL HAS NOT BEEN VETOED BY THE GOVERNOR

TITLE 1. THE MARRIAGE RELATIONSHIP

Subtitle A. Marriage
CHAPTER 2. THE MARRIAGE RELATIONSHIP
Subchapter A. Application For Marriage License
§ 2.004  Application Form – AMENDED
(12) a space for the address to which the applicants desire the completed license to be
mailed; and
(13) a printed box for each applicant to check indicating that the applicant wishes to make a voluntary contribution of $5 to promote healthy early childhood by supporting the Texas Home Visiting Program administered by the Office of Early Childhood Coordination of the Health and Human Services Commission.  Source:  SB 1836  Eff. Date:  9/1/13
§ 2.006(c)
Absent Applicant- AMENDED
(c) Notwithstanding Subsection (a), the clerk may not issue a marriage license for which both applicants are absent unless the person applying on behalf of each absent applicant provides to the clerk an affidavit of the applicant declaring that the applicant is[: [(1) on active duty as] a member of the armed forces of the United States stationed in another country in support of combat or another military operation [or the state military forces; or [(2) confined in a correctional facility, as defined by Section 1.07, Penal Code].
Source:  HB 869  Eff. Date:  9/1/13 – applies to an application for a marriage license filed on or after the effective date of this Act. An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
§ 2.007.
Affidavit of Absent Applicant
. – AMENDED
The affidavit of an absent applicant must include:
(1) the absent applicant’s full name, including the maiden surname of a female applicant, address, date of birth, place of birth, including city, county, and state, citizenship, and social security number, if any;
(2) a declaration that the absent applicant has not been divorced within the last 30 days;
(3) a declaration that the absent applicant is:
(A) not presently married; or
(B) married to the other applicant and they wish to marry again;
(4) a declaration that the other applicant is not presently married and is not related to the absent applicant as:
(A) an ancestor or descendant, by blood or adoption;
(B) a brother or sister, of the whole or half blood or by adoption;
(C) a parent’s brother or sister, of the whole or half blood or by adoption;
(D) a son or daughter of a brother or sister, of the whole or half blood or by adoption;
(E) a current or former stepchild or stepparent; or
(F) a son or daughter of a parent’s brother or sister, of the whole or half blood or by adoption;
(5) a declaration that the absent applicant desires to marry and the name, age, and
address of the person to whom the absent applicant desires to be married;
(6) the approximate date on which the marriage is to occur;
(7) the reason the absent applicant is unable to appear personally before the county clerk for the issuance of the license; and
(8) [if the absent applicant will be unable to attend the ceremony,] the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony, if the absent applicant is:
(A) a member of the armed forces of the United States stationed in another country in support of combat or another military operation; and
(B) unable to attend the ceremony.  Source:  HB 869Eff.   Date:  9/1/13 – applies to an application for a marriage license filed on or after the effective date of this Act.   An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
§ 2.0071
Maintenance Of Records By Clerk Relating To License For Absent Applicant- ADDED
A county clerk who issues a marriage license for an absent applicant shall maintain the affidavit of the absent applicant and the application for the marriage license in the same manner that the clerk maintains an application for a marriage license submitted by two applicants in person. Source:  9/1/13 – applies to an application for a marriage license filed on or after the effective date of this Act. An application filed before that date is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
§ 2.009(c)
Issuance of License- AMENDED
(c) On the proper execution of the application, the clerk shall:
(1) prepare the license;
(2) enter on the license the names of the licensees, the date that the license is issued, and, if applicable, the name of the person appointed toact as proxy for an absent applicant, if any;
(3) record the time at which the license was issued;
(4) distribute to each applicant printed materials about acquired immune deficiency
syndrome (AIDS) and human immunodeficiency virus (HIV) and note on the license that the distribution
was made; and
(5) inform [distribute to] each applicant:
(A) that a premarital education handbook developed [provided] by the child support division of the office of the attorney genera l under Section 2.014 is available on the child support division’s Internet website; or
(B) if the applicant does not have Internet access, how the applicant may obtain a paper copy of the handbook described by Paragraph (A).  Source:  SB 355  Eff.   Date:  9/1/13
§ 2.010
Aids Information; Posting On Internet- AMENDED
The [Materials providing information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) shall be prep ared and provided to the clerk by the Texas] Department of State Health Services [and] shall prepare and make available to the public on its Internetwebsite information about acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV). The information must be designed to inform an applicant for a marriage license [the applicants] about:
(1) the incidence and mode of
transmission of AIDS and HIV;
(2) the local availability of medical procedures, including voluntary testing, designed to show or help show whether a person has AIDS or HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS; and
(3) available and appropriate counseling services regarding AIDS and HIV infection.  Source:  HB 984Eff.  Date:  9/1/13 – applies only to an application for a marriage license submitted to a county clerk on orafter the effective date of this Act. An application for a marriage license submitted before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
§ 2.014(b)
Family Trust Fund- AMENDED
(b) Money in the trust fund is derived from depositing $3 of each marriage license fee as
authorized under Section 118.018(c), Local Government Code, and may be used only for:
(1) the development [and distribution] of a premarital education handbook;
(2) grants to institutions of higher education having academic departments that are capable of research on marriage and divorce that will assist in determining programs, courses, and policies to help strengthen families and assist children whose parents are divorcing;
(3) support for counties to create or administer free or low-cost premarital education
courses;
(4) programs intended to reduce the amount of delinquent child support; and
(5) other programs the attorney general determines will assist families in this state.  Source:  SB 355  Eff. Date:9/1/13- applies only to an application for a marriage license submitted on or after the effective date of this Act. An application for a marriage license submitted before the effective date of this Act is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.
§ 2.014(c)
 Family Trust Fund -AMENDED
(c) The premarital education handbook under Subsection (b)(1) must:
(1) as provided by Section 2.009(c)(5), [shall] be made available [distributed] to each applicant for a marriage license in an electronic form on the Internet website of the child support division of the office of the attorney general or, for an applicant who does not have Internet access, in paper copy form; [as provided by Section 2.009(c)(5)] and
(2) [shall] contain information on:
(A) [(1)] conflict management;
(B) [(2)] communication skills;
(C) [(3)] children and parenting responsibilities;
and(D) [(4)] financial responsibilities
Source:  HB 984  Eff. Date:  9/1/13 – applies only to an application for a marriage license submitted to a county clerk on or after the effective date of this Act. An application for a marriage license submitted before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose
Subchapter C.   Ceremony and Return of License
§ 2.201. Expiration Of License. – AMENDED
If a marriage ceremony has not been conducted before the 90th [31st] day after the date the license is issued, the marriage license expires.  Source:  SB 1317  Eff. Date:  9/1/13-applies only to a marriage license that is issued on or after the effective date of this Act. A marriage license issued before the effective date of this Act is governed by the law in effect on the date the license was issued, and the former law is continued in effect for that purpose.
§ 2.202(a)(b). Persons Authorized To Conduct Ceremony–AMENDED/ADDED
(a) The following persons are authorized to conduct a marriage ceremony:
(1) a licensed or ordained Christian minister or priest;
(2) a Jewish rabbi;
(3) a person who is an officer of a religious organization and who is authorized by the organization to conduct a marriage ceremony; [and]
(4) a justice of the supreme court, judge of the court of criminal appeals, justice of the courts of appeals, judge of the district, county, and probate courts, judge of the county courts at law, judge of the courts of domestic relations, judge of the juvenile courts, retired justice or judge of those courts, justice of the peace, retired justice of the peace, judge of a municipal court, retired judge of a municipal court, or judge or magistrate of a federal court of this state; and
(5) a retired judge or magistrate of a federal court of this state.
(b) For the purposes of Subsection (a)(4) [this section], a retired judge or justice is a former judge or justice who is vested in the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two or who has an aggregate of at least 12 years of service as judge or justice of any type listed in Subsection (a)(4).
(b-1) For the purposes of Subsection (a)(5), a retired judge or magistrate is a former judge or magistrate of a federal court of this state who is fully vested in the Federal Employees Retirement System under the marriage ceremony that is conducted on or after the effective date of this Act. A marriage ceremony conducted before the effective date of this Act is governed by the law in effect on the date the ceremony was conducted, and the former law is continued in effect for that purpose.
§ 2.203(b)
Ceremony- AMENDED
(b) A person [unable to appear for the ceremony] may assent to marriage by the appearance of a proxy appointed in the affidavit authorized by Subchapter A if the person is:
(1) a member of the armed forces of the United States stationed in another country in
support of combat or another military operation; and
(2) unable to attend the ceremony.  Source:  HB 869Eff. Date:  9/1/13
Subchapter E. Filing Suit
§ 6.4035(c)  Waiver of Service- AMENDED
(c) Notwithstanding Section 132.001, Civil Practice and Remedies Code, the [The] waiver must Legislative Update 2013: Family Law be sworn before a notary public who is [but may][be sworn before] an attorney in the suit.  Source:  HB 1366  Eff. Date:  9/1/13 – applies to a waiver of service of process executed by a party to a suit for the dissolution of a marriage on or after the effective date this Act, regardless of whether the suit is filed before, on, or after that date.
Sub-chapter H. Trial and Appeal
§ 6.708(c)
Costs, Attorney Fees and Expenses– ADDED
(c) In a suit for dissolution of a marriage, the court may award reasonable attorney’s fees and expenses. The court may order the fees and expenses and any postjudgment interest to be paid directly to the attorney, who may enforce the order in the attorney’s own name by any means available for the enforcement of a judgment for debt.  Source:  HB 1366Eff.   Date:9/1/13 – applies only to a suit for dissolution of a marriage filed on or after the effective date of this Act.   A suit filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
Subtitle C. Dissolution Of Marriage
CHAPTER 8 – SPOUSAL COURT-ORDERED MAINTENANCE
Subchapter B. Court-Ordered Maintenance
§ 8.051    Eligibility For Maintenance[; Court Order]-AMENDED
§ 8.059     Enforcement of Maintenance Order– AMENDED/ADDED
(a) The court may enforce by contempt against the obligor:
(1) the court’s maintenance order; or
(2) an agreement for periodic payments [the payment] of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.
(a-1) The court may not enforce by contempt any provision of an agreed order for maintenance that exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter. Source:  HB 389  Eff. Date:  9/1/13-applies to an order for maintenance or a maintenance agreement under Sub-chapter B,Chapter 8, Family Code, regardless of whether the order was rendered or the agreement was approved before, on, or after the effective date of this Act.
Subchapter C. Income Withholding
§ 8.101(a-1-2)  Income Withholding; General Rule– ADDED
(a-1) The court may order that income be withheld from the disposable earnings of the obligor in a proceeding in which there is an agreement for periodic payments of spousal maintenance under the terms of this chapter voluntarily entered into between the parties and approved by the court.
(a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of Legislative Update 2013: Family Law periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter.  Source:  HB 389  Eff. Date:  9/1/13-applies to an order for maintenance or a maintenance agreement under Subchapter B , Chapter 8 , Family Code, regardless of whether the order was rendered or the agreement was approved before, on, or after the effective date of this Act.
CHAPTER 9 — POST DIVORCE PROCEEDINGS
Subchapter A.    Suit to Enforce  § 9.001
Enforcement of Decree AMENDED
(a) A party affected by a decree of divorce or annulment providing for a division of property as provided by Chapter 7, Texas Family Code, including a division of property and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006 that was approved by the court, may request enforcement of that decree by filing a suit to enforce as provided by this chapter in the court that rendered the decree.  Source:  HB 389 Eff.   Date:  9/1/13-applies to an order for maintenance or a maintenance agreement under Sub-chapter B, Sub-chapter 8, Family Code, regardless of whether the order was rendered or the agreement was approved before, on, or after the effective date of this Act.
§ 9.002
Continuing Authority To Enforce Decree– AMENDED
The court that rendered the decree of divorce or annulment retains the power to
enforce the property division as provided by Chapter 7, including a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006 that was approved by the court.  Source:  HB 389   Eff. Date: 9/1/13- applies to the enforcement of a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006, Family Code, that was approved by the court regardless of whether the agreement was approved or the decree of divorce or annulment was rendered before, on, or after the effective date of this Act.
§ 9.006(a)&(b) 
Enforcement of Division of Property– AMENDED
(a) Except as provided by this sub-chapter and by the Texas Rules of Civil Procedure, the court may render further orders to enforce the division of property made or approved in the decree of divorce or annulment to assist in the implementation of or to clarify the prior order.
(b) The court may specify more precisely the manner of effecting the property division previously made or approved if the substantive division of property is not altered or changed. Source:  HB 389  Eff. Date:  9/1/13- applies to the enforcement of a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006, Family Code, that was approved by the court regardless of whether the agreement was approved or the decree of divorce or annulment was rendered before, on, or after the effective date of this Act.

§ 9.009.

Delivery of Property– AMENDED
To enforce the division of property made or approved in a decree of divorce or annulment, the court may make an order to deliver the specific existing property awarded, without regard to whether the property is of especial value, including an award of an existing sum of money or its equivalent. Source:  HB 389  Eff. Date:  9/1/13- applies to the enforcement of a property division and any contractual provisions under the terms of an agreement incident to divorce or annulment under Section 7.006, Family Code, that was approved by the court regardless of whether the agreement was approved or the decree of divorce or annulment was rendered before, on, or after the effective date of this Act.
TITLE 2. CHILD IN RELATION TO THE FAMILY
Subtitle A. Limitations Of Minority
CHAPTER 32—CONSENT TO TREATMENT OF CHILD BY NON PARENT OR CHILD
Subchapter B. Immunization
§ 32.1011
Consent to Immunization by Child-ADDED
(a) Notwithstanding Section 32.003 or 32.101, a child may consent to the child’s own immunization for a disease if:
(1) the child:
(A) is pregnant; or
(B) is the parent of a child and has actual custody of that child; and
(2) the Centers for Disease Control and Prevention recommend or authorize the initial dose of an immunization for that disease to be administered before seven years of age.
(b) Consent to immunization under this section must meet the requirements of Section 32.002(a).
(c) Consent by a child to immunization under this section is not subject to disaffirmance because of minority.
(d) A health care provider or facility may rely on the written statement of the child containing the grounds on which the child has capacity to consent to the child’s immunization under this section.
(e) To the extent of any conflict between this section and Section 32.003, this section controls.  Source: SB 63  Eff. Date: 9/1/13.

Sub-chapter C.   Miscellaneous Provisions § 32.203
Consent By Minor To Housing Or Care Provided Through Transitional Living Program-ADDED
(a) In this section, “transitional living program” means a residential services program for children provided in a residential child-care facility licensed or certified by the Department of Family and Protective Services under Chapter 42, Human Resources Code, that:
(1) is designed to provide basic life skills training and the opportunity to practice those skills, with a goal of basic life skills development toward independent living; and
(2) is not an independent living program.
(b) A minor may consent to housing or care provided to the minor or the minor’s child or children, if any, through a transitional living program if the minor is:
(1) 16 years of age or older and:

(A) resides separate and apart from the minor’s parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and
(B) manages the minor’s own financial affairs, regardless of the source of income; or
(2) unmarried and is pregnant or is the parent of a child.
(c) Consent by a minor to housing or care under this section is not subject to dis-affirmance because of minority.
(d) A transitional living program may, with or without the consent of the parent, managing
conservator, or guardian, provide housing or care to the minor or the minor’s child or children.
(e) A transitional living program must attempt to notify the minor’s parent, managing
conservator, or guardian regarding the minor’s location.
(f) A transitional living program is not liable for providing housing or care to the minor or the
minor’s child or children if the minor consents as provided by this section, except that the program is
liable for the program’s own acts of negligence.
(g) A transitional living program may rely on a minor’s written statement containing the grounds on which the minor has capacity to consent to housing or care provided through the program.
(h) To the extent of any conflict between section and Section 32.003, Section 32.003 prevails.  Source:  SB 717   Eff. Date:  takes effect immediately
TITLE 4-PROTECTIVE ORDERS AND FAMILY VIOLENCE
Subtitle B. Protective Orders
CHAPTER 81- GENERAL PROVISIONS
§ 81.0075. Representation By Prosecuting Attorney In Certain Other [Subsequent] Actions AMENDED
Subject to the Texas Disciplinary Rules of Professional Conduct, a [A] prosecuting attorney [who represents a party in a proceeding under this subtitle] is not precluded from representing a party in a proceeding under this subtitle and the Department of Family and Protective Services in another [a subsequent] action involving the party, regardless of whether the proceeding under this subtitle occurs before, concurrently with, or after the other action involving the party.  Source:  SB 130  Eff. Date: 9/1/13
CHAPTER 82- APPLYING FOR PROTECTIVE ORDERS
Subchapter A. Application for Protective Order
§ 82.003. Venue.– AMENDED
An application may be filed in:
(1) the county in which the applicant resides; [or]
(2) the county in which the respondent resides; or
(3) any county in which the family violence is alleged to have occurred.
Source: SB 129  Eff.  Date  9/1/13 -applies only to an application for a protective order that is filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application is filed, and the former law is continued in effect for that purpose.
§ 82.004. Contents Of Application.-AMENDED
An application must state:
(1) the name and county of residence of each applicant;
(2) the name and county of residence of each individual alleged to have committed family violence;
(3) the relationships between the applicants and the individual alleged to have committed family violence; [and]
(4) a request for one or more protective orders; and
(5) whether an applicant is receiving services from the Title IV-D agency in connection with a child support case and, if known, the agency case number for each open case.
Source:   SB 355   Eff. Date:  9/1/13– applies only to an application for a protective order filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
CHAPTER 85- ISSUANCE OF PROTECTIVE ORDERS
Subchapter A. Findings and Orders
§ 85.0021
Requirements of Order Applying to any Party-AMENDED
In a protective order, the court may:
(1) prohibit a party from:
(A) removing a child who is a member of the family or household from:
(i) the possession of a person named in the order; or
(ii) the jurisdiction of the court;
(B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or
(C) removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order;
(2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence:
(A) is jointly owned or leased by the party receiving exclusive possession and a party being denied possession;
(B) is owned or leased by the party retaining possession; or
(C) is owned or leased by the party being denied possession and that party has an
obligation to support the party or a child of the party granted possession of the residence;
(3) provide for the possession of and access to a child of a party if the person receiving
possession of or access to the child is a parent of the child;
(4) require the payment of support for a party or for a child of a party if the person
required to make the payment has an obligation to support the other party or the child; or
(5) award to a party the use and possession of specified property that is community property or jointly owned or leased property.
Source:  SB  555  Legislative Update 2013  Eff. Date:9/1/13-applies only to a protective order rendered on or after the effective date of this Act.   A protective order rendered before the effective date of this Act is governed by the law in effect on the date the protective order was rendered, and the former law is continued in effect for that purpose.
§ 85.0022
Requirements of Order Applying to Person Who Committed Family Violence-AMENDED
(b) In a protective order, the court may prohibit the person found to have committed family violence from:
(1) committing family violence;
(2) communicating:
(A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner;
(B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and
(C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party’s attorney or a person appointed by the court;
(3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order;
(4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides;
(5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person;
(6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or [political subdivision; and
(7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order.  Source:  SB 555   Eff. Date:9/1/13-appliesonly to a protective order rendered on or after the effective date of this Act.   A protective order rendered before the effective date of this Act is governed by the law in effect on the date the protective order was rendered, and the former law is continued in effect for that purpose.
§ 85.0042(a)
Contents of Application-AMENDED
(a) The clerk of the court issuing an original or modified protective order under this subtitle shall send a copy of the order, along with the information provided by the applicant or the applicant’s attorney that is required under Section 411.042(b)(6), Government Code, to:
(1) the chief of police of the municipality in which the person protected by the order
resides, if the person resides in a municipality;
(2) [, or to] the appropriate constable and the sheriff of the county in which the person resides, if the person does not reside in a municipality; and
(3) the Title IV-D agency, if the application for the protective order indicates that the
applicant is receiving services from the Title IV-D agency.  Source:  SB 355  Eff. Date: 9/1/13- applies only to an application for a protective order filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application was filed,
and the former law is continued in effect for that purpose
TITLE 5 –THE PC RELATIONSHIP & SAPCR
Subtitle A – General Provisions
CHAPTER 101. DEFINITIONS
§ 101.0096.  Digitized Signature–ADDED
“Digitized signature” means a graphic image of a handwritten signature having the same legal force and effect for all purposes as a handwritten signature.  Source:  SB 1422  Eff. Date:9/1/13 – applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
CHAPTER 102. FILING SUIT
§ 101.014 Use Of Digitized Signature –ADDED
(a) A digitized signature on an original petition under this chapter or any other pleading or order in a suit satisfies the requirements for and imposes the duties of signatories to pleadings, motions, and other papers identified under Rule 13, Texas Rules of Civil Procedure.
(b) A digitized signature under this section may be applied only by, and must remain under the sole control of, the person whose signature is represented.  Source:  SB 1422 Eff. Date:  9/1/13 – applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act.   A suit affecting the parent child relationship filed before that date is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
CHAPTER 107 – SPECIAL APPOINTMENTS & SOCIAL STUDIES
Subchapter A. Court-Ordered Representation In SAPCR
§ 107.002.Powers and Duties of Guardian ad Litem for Child– AMENDED/ADDED
(b-1) In addition to the duties required by Subsection (b), a guardian ad litem appointed for a child in a proceeding under Chapter 262 or 263 (Texas Family Code) shall:
(1) review the medical care provided to the child; and
(2) in a developmentally appropriate manner, seek to elicit the child’s opinion on the
medical care provided.  Source:  HB  915  Eff.  Date:  9/1/13 – applies to a suit affecting the parent-child relationship pending in a trial court on or filed on or after the effective date of this Act
§ 107.003
Powers and Duties of Attorney ad Litem for Child & Amicus Attorney– AMENDED
(a) An attorney ad litem appointed to represent a child or an amicus attorney appointed to assist the court:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of Professional Conduct, and within a reasonable time after the appointment, interview:
(i) the child in a developmentally appropriate manner, if the child is four years of age or older;
(ii) each person who has significant knowledge of the child’s history and
condition, including any foster parent of the child; and
(iii) the parties to the suit;
(B) seek to elicit in a developmentally appropriate manner the child’s expressed objectives of representation;
(C) consider the impact on the child in formulating the attorney’s presentation of the child’s expressed objectives of representation to the court;
(D) investigate the facts of the case to the extent the attorney considers appropriate;
(E) obtain and review copies of relevant records relating to the child as provided by Section 107.006;
(F) participate in the conduct of the litigation to the same extent as an attorney for a party;
(G) take any action consistent with the child’s interests that the attorney considers necessary to expedite the proceedings;
(H) encourage settlement and the use of alternative forms of dispute resolution; and
(I) review and sign, or decline to sign, a proposed or agreed order affecting the child;
(2) must be trained in child advocacy or have experience determined by the court to be equivalent to that training; and
(3) is entitled to:
(A) request clarification from the court if the role of the attorney is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview of the child by another attorney;
(D) receive a copy of each pleading or other paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing concerning the child conducted by an
authorized agency; and
(G) attend all legal proceedings in the suit.
(b) In addition to the duties required by Subsection (a), an attorney ad litem appointed for a child in a proceeding under Chapter 262 or 263 shall:
(1) review the medical care provided to the child;
(2) in a developmentally appropriate manner, seek to elicit the child’s opinion on the medical care provided; and
(3) for a child at least 16 years of age, advise the child of the child’s right to request the court to authorize the child to consent to the child’s own medical care under Section 266.010.
Source:  HB 915  Eff. Date:9/1/13 – applies to a suit affecting the parent-child relationship pending in a trial court filed on or after the effective date of this Act
 
§ 107.004(b)(c)
Additional Duties of Attorney ad Litem for a Child– AMENDED/ADD
\
(b) An attorney ad litem appointed for a child in a proceeding under Subtitle E [Chapter 262 or 263] shall complete at least three hours of continuing legal education relating to representing children in child protection cases [advocacy] as described by Subsecti on (c) as soon as practicable after the attorney ad litem is appointed [litem’s appointment]. An attorney ad litem is not required to comply with this subsection if the court finds that the attorney ad litem has experience equivalent to the required education.
(b-1) An attorney who is on the list maintained by the court as being qualified for appointment as an attorney ad litem for a child in a child protection case must complete at least three hours of continuing
legal education relating to the representation of a child in a proceeding under Subtitle E each year before the anniversary date of the attorney’s listing.
(c) The continuing legal education required by Subsections [Subsection] (b) and (b-1) must:
(1) be low-cost and available to persons throughout this state, including on the Internet provided through the State Bar of Texas; and
(2) focus on the duties of an attorney ad litem in, and the procedures of and best practices for, representing a child in a proceeding under Subtitle E [Chapter 262 or 263].  Source:  SB 1759 Eff. Date:9/1/13 – applies only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governedby the law in effect on the date the suit was filed, and that law is continued in effect for that purpose.
§ 107.006(f). Access to Child and Information Relating to Child–REPEALED
(f) Records obtained under this section shall be
destroyed on termination of the appointment.  Source:  HB 1185  Eff. Date:  9/1/13.
Subchapter B. Appointments In Certain Suits
Part 1. Appointments In Suits By Governmental Entity
§ 107.013(a)(c)
Mandatory Appointment Of Attorney Ad Litem For Parent-AMENDED
(a) In a suit filed by a governmental entity under Subtitle E (Texas Family Code) in which termination of the parent-child relationship or the appointment of a conservator for a child is requested, the court shall appoint an attorney ad litem to represent the interests of:
(1) an indigent parent of the child who responds in opposition to
the termination or appointment;
(2) a parent served by citation by publication;
(3) an alleged father who failed to register with the registry under Chapter 160(Texas Family Code) and whose identity or location is unknown; and
(4) an alleged father who registered with the paternity registry under Chapter 160 (Texas Family Code), but the petitioner’s attempt to personally serve citation at the address provided to the registry and at any other address for the alleged father known by the petitioner has been unsuccessful.
(c)In a suit filed by a governmental entity requesting temporary managing conservatorship of a child, the court shall appoint an attorney ad litem to represent the interests of an indigent parent of the child who
responds in opposition to the suit
Source:  SB 1759  Eff. Date:  9/1/13 – applies only to a suit affecting the pa
rent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governed by the law in effect on the date the suit was filed, and that law is continued in effect for that purpose
§ 107.0131
Powers And Duties of Attorney Ad Litem for Parent-AMENDED
(a) An attorney ad litem appointed under Section 107.013 (Texas Family Code) to represent the interests of a parent:
(1) shall:
(A) subject to Rules 4.02, 4.03, and 4.04, Texas Disciplinary Rules of
Professional Conduct, and within a reasonable time after the appointment, interview:
(i) the parent, unless the parent’s location is unknown;
(ii) each person who has significant knowledge of the case; and
(iii) the parties to the suit;
(B) investigate the facts of the case;
(C) to ensure competent representation at hearings, mediations, pretrial matters, and the trial on the merits:
(i) obtain and review copies of all court files in the suit during the
attorney ad litem’s course of representation; and
(ii) when necessary, conduct formal discovery under the Texas Rules of
Civil Procedure or the discovery control plan;
(D) take any action consistent with the parent’s interests that the attorney ad litem considers necessary to expedite the proceedings;
(E) encourage settlement and the use of alternative forms of dispute resolution;
(F) review and sign, or decline to sign, a proposed or agreed order affecting the parent;
(G) meet before each court hearing with the parent, unless the court:
(i) finds at that hearing that the attorney ad litem has shown good cause why the attorney ad litem’s compliance is not feasible; or
(ii) on a showing of good cause, authorizes the attorney ad litem to
comply by conferring with the parent, as appropriate, by telephone or video conference;
(H) abide by the parent’s objectives for representation;
(I) become familiar with the American Bar Association’s standards of practice
for attorneys who represent parents in abuse and neglect cases; and
(J) [(I)] complete at least three hours of continuing legal education relating to representing parents in child protection cases [law] as described by Subsection (b) as soon as practicable after the attorney ad litem is appointed, unless the court finds that the attorney ad litem has experience equivalent to that education; and
[(J) abide by the parent’s objectives of representation;]
(2) [must be trained in child protection law or have experience determined by the court to be equivalent to that training; and
[(3)] is entitled to:
(A) request clarification from the court if the role of the attorney ad litem is ambiguous;
(B) request a hearing or trial on the merits;
(C) consent or refuse to consent to an interview of the parent by another attorney;
(D) receive a copy of each pleading or other paper filed with the court;
(E) receive notice of each hearing in the suit;
(F) participate in any case staffing conducted by the Department of Family and
Protective Services in which the parent is invited to participate, including, as appropriate, a case staffing to develop a family plan of service, a family group conference, a permanency conference, a mediation, a case staffing to plan for the discharge and return of the child to the parent, and any other case staffing that the department determines would be appropriate for the parent to attend, but excluding any internal department staffing or staffing between the department and the department’s legal representative; and
(G) attend all legal proceedings in the suit.
(b) The continuing legal education required by Subsection (a)(1)(J) [(a)(1)(I)] must:
(1) be low-cost and available to persons throughout this state, including on the Internet provided through the State Bar of Texas; and
(2) focus on the duties of an attorney ad litem in, and the procedures of and best practices for, representing a parent in a proceeding under Subtitle E [Chapter 262 or 263].  Source:  SB 1759  Eff. Date:  9 /1/13 – applies only to a suit affecting the pa rent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governed by the law in effect on the date the suit was filed, and that law is continued in effect for that purpose
 § 107.0132
Powers And Duties Of Attorney Ad Litem For Alleged Father-AMENDED
(a) Except as provided by Subsections (b) and (d), an [An] attorney ad litem appointed under Section 107.013 (Texas Family Code) to represent the interests of an
alleged father is only required to [shall]:
(1) conduct an investigation regarding the petitioner’s due diligence in locating the alleged father, including by verifying that the petitioner has obtained a certificate of the results of a search of the paternity registry under Chapter 160;
(2) interview any party or other person who has significant knowledge of the case who may have information relating to the identity or location of the alleged father; and
(3) conduct an independent investigation to
identify or locate the alleged father, as
applicable.
(d) If the attorney ad litem is unable to identify or locate the alleged father, the attorney ad litem shall submit to the court a written summary of the attorney ad litem’s efforts to identify or locate the alleged father with a statement that the attorney ad litem was unable to identify or locate the alleged father. On receipt of the summary required by this subsection, the court shall discharge the attorney from the appointment.
Source: SB 1759  Eff. Date:  9/1/13 – apply only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governed by the law in effect on the date the suit was filed, and that law is continued in effect for that purpose
§ 107.014
Powers And Duties Of Attorney Ad Litem For Certain Parents-ADDED
(a) Except as provided by Subsections (b) and (e), an attorney ad litem appointed under Section 107.013 to represent the interests of a parent whose identity or location is unknown or who has been served by citation by publication is only required to:
(1) conduct an investigation regarding the petitioner’s due diligence in locating the parent;
(2) interview any party or other person who has significant knowledge of the case who may have information relating to the identity or location of the parent; and
(3) conduct an independent investigation to identify or locate the parent, as applicable.
(b) If the attorney ad litem identifies and locates the parent, the attorney ad litem shall:
(1) provide to each party and the court the parent’s name and address and any other available locating information unless the court finds that:
(A) disclosure of a parent’s address is likely to cause that parent harassment, serious harm, or injury; or
(B) the parent has been a victim of family violence; and
(2) if appropriate, assist the parent in making a claim of indigence for the appointment of an attorney.
(c) If the court makes a finding described by Subsection (b)(1)(A) or (B), the court may:
(1) order that the information not be disclosed; or
(2) render any other order the court considers necessary.
(d) If the court determines the parent is indigent, the court may appoint the attorney ad- litem to continue to represent the parent under Section 107.013(a)(1).
(e) If the attorney ad litem is unable to identify or locate the parent, the attorney ad litem shall submit to the court a written summary of the attorney ad litem’s efforts to identify or locate the parent with a statement that the attorney ad litem was unable to identify or locate the parent. On receipt of the summary required by this subsection, the court shall discharge the attorney from the appointment.  Source:  SB 1759  Eff. Date:  9/1/13 – apply only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before that date is governed by the in effect on the date the suit\ was filed, and that law is continued in effect for that purpose
Subtitle B. Suits Affecting The Parent-Child Relationship
CHAPTER 153 – CONSERVATORSHIP, POSSESSION, AND ACCESS
Subchapter A. General Provisions
§ 153.004
History of Domestic Violence or Sexual Abuse-AMENDED/ADDED
(a) In determining whether to appoint a party as a sole or joint managing conservator, the courtshall consider evidence of the intentional use of abusive physical force,or evidence of sexual abuse, by aparty directed against the party’s spouse, a parent of the child, or any person younger than 18 years of age committed within a two-year period preceding the filing of the suit or during the pendency of the suit.
(c) The court shall consider the commission of family violence or sexual abuse in determining
whether to deny, restrict, or limit the possession of a child by a parent who is appointed as a possessory conservator.
(d) The court may not allow a parent to have access to a child for whom it is shown by a
preponderance of the evidence that:
(1) there is a history or pattern of committing family violence during the two years
preceding the date of the filing of the su
it or during the pendency of the suit; or
(2) the parent engaged in conduct that constitutes an offense under Section 21.02,
22.011, 22.021, or 25.02, Penal Code, and that as a direct result of the conduct, the victim of the conduct became pregnant with the parent’s child.
(d-1) Notwithstanding Subsection (d), the court may allow a parent to have access to a child if [,unless] the court:
(1) finds that awarding the parent access to the child would not endanger the child’s physical health or emotional welfare and would be in the best interest of the child; and
(2) renders a possession order that is designed to protect the safety and well-being of the child and any other person who has been a victim of family violence committed by the parent and that may include a requirement that:
(A) the periods of access be continuously supervised by an entity or person chosen by the court;
(B) the exchange of possession of the child occur in a protective setting;
(C) the parent abstain from the consumption of alcohol or a controlled substance, as defined by Chapter 481, Health and Safety Code, within 12 hours prior to or during the period of access to the child; or
(D) the parent attend and complete a battering intervention and prevention program as provided by Article 42.141, Code of Criminal Procedure,or, if such a program is notavailable, complete a course of treatment under Section 153.010 (Texas Family Code).  Source: HB 1228 Eff. Date: 9/1/13 – applies only to a suit affecting the parent-child relationship pending in a trial court on the effective date of this Act or filed on or after that date. A suit affecting the parent-child relationship in which a final order is rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose. The enactment of this Act constitutes a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the possession of or access to a child rendered before the effective date of this Act.
Subchapter F. Standard Possession Order
§ 153.316
General Terms & Conditions-AMENDED
The court shall order the following general terms and conditions of possession of a child to apply without regard to the distance between the residence of a parent and the child:
(1) the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of the possessory conservator’s possession at the residence of the managing conservator;
(2) if the possessory conservator elects to begin a period of possession at the time the child’s school is regularly dismissed, the managing conservator shall surrender the child to the possessory conservator at the beginning of each period of possession at the school in which the child is enrolled;
(3) the possessory conservator shall be ordered to do one of the following:
(A) the possessory conservator shall surrender the child to the managing
conservator at the end of each period of possession at the residence of the possessory conservator; or
(B) the possessory conservator shall retun the child to the residence of themanaging conservator at the end of each period of possession, except that the order shall provide that the possessory conservator shall surrender the child to the managing conservator at the end of each period of possession at the residence of the possessory conservator if:
(i) at the time the original order or a modification of an order establishing terms and conditions of possession or access the possessory conservator and the managing conservator lived in the same county, the possessory conservator’s county of residence remains the same after the rendition of the order, and the managing conservator’s county of residence changes, effective on the date of the change of residence by the managing conservator; or
(ii) the possessory conservator and managing conservator lived in the same residence at any time during a six-month period preceding the date on which a suit for dissolution of the marriage was filed and the possessory conservator’s county of residence remains the same and the managing conservator’s county of residence changes after they no longer live in the same residence, effective on the date the order is rendered;
(4) if the possessory conservator elects to end a period of possession at the time the child’s school resumes, the possessory conservator shall surrender the child to the managing conservator
at the end of each period of possession at the school in which the child is enrolled;
(5) each conservator shall return with the child the personal effects that the child brought at the beginning of the period of possession;
(6) either parent may designate a competent adult to pick up and return the child, as applicable; a parent or a designated competent adult shall be present when the child is picked up or returned;
(7) a parent shall give notice to the person in possession of the child on each occasion that the parent will be unable to exercise that parent’s right of possession for a specified period;
(8) written notice, including notice provided by electronic mail or facsimile, shall be deemed to have been timely made if received or, if applicable, postmarked before or at the time that notice is due; and
(9) if a conservator’s time of possession of a child ends at the time school resumes and for any reason the child is not or will not be returned to school, the conservator in possession of the child shall immediately notify the school and the other conservator that the child will not be or has not been returned to school.  Source:  HB 845  Eff. Date: 9/1/13 – applies only to a court order providing for possession of or access to a child rendered on or after the effective date of this Act. A court order rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose
§ 153.3162-Additional Periods Of Possession Or Access After Conclusion Of Military Deployment
-REPEALED
§ 153.317(a)
Alternative Beginning & Ending Possession Times-AMENDED
(a) If elected by a conservator, the court shall alter the standard possession order under Sections 153.312, 153.314, and 153.315 (Texas Family Code) to provide for one or more of the following alternative beginning and ending possession times for the described periods of possession, unless the court finds that the election is not in the best interest of the child:
(1) for weekend periods of possession under Section 153.312(a)(1) (Texas Family Code) during the regular school term:
(A) beginning at the time the child’s school is regularly dismissed; [or]
(B) ending at the time the child’s school resumes after the weekend; or
(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);(2) for Thursday periods of possession under Section 153.312(a)(2) (Texas Family Code):
(A) beginning at the time the child’s school is regularly dismissed; [or]
(B) ending at the time the child’s school resumes on Friday; or
(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B);
(3) for spring vacation periods of possession under Section 153.312(b)(1), beginning at the time the child’s school is dismissed for those vacations;
(4) for Christmas school vacation periods of possession under Section 153.314(1), beginning at the time the child’s school is dismissed for the vacation;
(5) for Thanksgiving holiday periods of possession under Section 153.314(3), beginning at the time the child’s school is dismissed for the holiday;
(6) for Father’s Day periods of possession under Section 153.314(5), ending at 8 a.m. on the Monday after Father’s Day weekend;
(7) for Mother’s Day periods of possession under Section 153.314(6):
(A) beginning at the time the child’s school is regularly dismissed on the Friday preceding Mother’s Day; [or]
(B) ending at the time the child’s school resumes after Mother’s Day; or
(C) beginning at the time described by Paragraph (A) and ending at the time described by Paragraph (B); or
(8) for weekend periods of possession that are extended under Section 153.315(b) by a student holiday or teacher in-service day that falls on a Friday, beginning at the time the child’s school is regularly dismissed on Thursday.  Source: HB 845  Eff.  Date: 9/1/13 -apply only to a court order providing for possession of or access to a child rendered on or after the effective date of this Act.   A court order rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
CHAPTER 154. CHILD SUPPORT
Subchapter A. Court Ordered Child Support
§ 154.001(a-1)Support of Child- AMENDED
(a-1) The court may order each person who is financially able and whose parental rights have been terminated with respect to either a child in substitute care for whom the department has been appointed managing conservator or a child who was conceived as a direct result of conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to support the child in
the manner specified by the order:
(1) until the earliest of:
(A) the child’s adoption;
(B) the child’s 18th birthday or graduation from high school, whichever occurs later;
(C) removal of the child’s disabilities of minority by court order, marriage, or other operation of law; or
(D) the child’s death; or
(2) if the child is disabled as defined inthis chapter, for an indefinite period.
Source:  HB 1228  Eff.   Date: 9/1/13 – applies only to a suit affecting the parent-child relationship pending in a trial court on the effective date of this Act or filed on or after that date. A suit affecting the parent-child relationship in which a final order is rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
Net Resources-AMENDED
(b) Resources include:
(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);
(2) interest, dividends, and royalty income;
(3) self-employment income;
(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including non-cash items such as depreciation); and
(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers’ compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.  Source:  HB 3017  Eff. Date 9/1/13– applies only to a proceeding to establish or modify a child support obligation that is pending in a trial court on or filed on or after the effective date of this Act.
Subchapter B. Computing Net Resources Available For Payment Of Child Support
§ 154.066
Intentional Unemployment or Underemployment-AMENDED
(a) If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor.
(b) In determining whether an obligor is intentionally unemployed or underemployed, the court may consider evidence that the obligor is a veteran, as defined by 38 U.S.C. Section 101(2), who is seeking or has been awarded:
(1) United States Department of Veterans Affairs disability benefits, as defined by 38 U.S.C. Section 101(16); or
(2) non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17).  Source:  HB 3017  Eff. Date: 9/1/13- applies only to a proceeding to establish or modify a child support obligation that is pending in a trial court on or filed on or after the effective date of this Act.
§ 154.068. Wage and Salary Presumption-AMENDED
In the absence of evidence of a party’s resources, as defined by Section 154.062(b) (Texas Family Code)[the wage and salary income of a party], the court shall presume that the party has income [wages or salary] equal to the federal minimum wage for a 40-hour week to which the support guidelines may be applied.  Source:  HB 3017  Eff. Date: 9/1/13– applies only to a proceeding to establish or modify a child support obligation that is pending in a trial court on or filed on or after the effective date of this Act.
CHAPTER 156. MODIFICATION
Subchapter A. General Provisions
§ 156.401(a-2)
Grounds for Modification of Child Support-AMENDED
A court or administrative order for child support in a Title IV-D case may be modified at any time, and without a showing of material and substantial change in the circumstances of the child or a person
affected by the order, [as provided under Section 233.013(c)] to provide for medical support of the [a]if the order does not provide health care coverage as required under Section 154.182.
Source: SB  355  Eff. Date: 9/1/13– applies only to an application for a protective order filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
CHAPTER 157. ENFORCEMENT
Subchapter D. Hearing And Enforcement Order-AMENDED
§ 157.162(b). –Proof-AMENDED
b) A finding that the respondent is not in contempt does not preclude the court from awarding the petitioner court costs and reasonable attorney’s fees or ordering any other enforcement remedy, including rendering a money judgment, posting a bond or other security, or withholding income.  Source: HB 847   Eff.  Date: Immediately
§ 157.162(d &(e)) –Proof- REPEALED
(d) The court may not find a respondent in contempt of court for failure to pay child support if the respondent appears at the hearing with a copy of the payment record or other evidence satisfactory to the court showing that the respondent is current in the payment of child support as ordered by the court.
(e) Notwithstanding Subsection (d), the court may award the petitioner costs of court and reasonable attorney’s fees in a proceeding described by that subsection if the court finds that:
(1) on the date the motion for enforcement was filed, the respondent was not current in the payment of child support as ordered by the court; and
(2) the respondent made the child support payments described by Subsection (d) after the date the respondent was served notice of the motion or otherwise discovered that the motion for enforcement had been filed.
Source: HB 847  Eff. Date:   Immediatelyapplies to a hearing to enforce an order in a suit affecting the parent-child relationship that commences on or after the effective date of this Act. A hearing that commences before the effective date of this Act is governed by the law in effect on the date the hearing commenced, and the former law is continued in effect for that purpose.
CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
Subchapter A. Income Withholding Required; General Provisions
§ 158.106.  Required Forms For Income-AMENDED
(a) The Title IV-D agency shall prescribe forms as required by federal law in a standard format entitled order or notice to withhold income for child support under this chapter.
(b) The Title IV-D agency shall make the required [appropriate] forms available to obligors, obligees, domestic relations offices, friends of the court, clerks of the court, and private attorneys.
(c) The Title IV-D agency may prescribe additional forms for the efficient collection of child support from earnings and to promote the administration of justice for all parties.
(d) The forms prescribed by the Title IV-D agency under this section shall [may] be used:
(1) for an order or judicial writ of income withholding under this chapter; and
(2) to request voluntary withholding under Section 158.011.
Source: SB  355   Eff. Date:9/1/13– applies only to an application for a protective order filed on or after the effective date of this Act. An application for a protective order filed before the effective date of this Act is governed by the law in effect on the date the application was filed,and the former law is continued in effect for that purpose.
Subchapter C. Rights and Duties of Employer
§ 158.203.
Remitting Withheld Payments-AMENDED/ADDED
(d) In a case in which an obligor’s income is subject to withholding, the employer shall remit the payment of child support directly to [a local registry,the Title IV-D agency, or to] the state disbursement
unit.
(e) The state disbursement unit may impose on an employer described by Subsection (b) a payment processing surcharge in an amount of not more than $25 for each remittance made on behalf of an employee that is not made by electronic funds transfer or electronic data exchange. The payment processing surcharge under this subsection may not be charged against the employee or taken from amounts withheld from the employee’s wages.
(f) The state disbursement unit shall:
(1) notify an employer described by Subsection (b) who fails to remit withheld income by electronic funds transfer or electronic data exchange that the employer is subject to a payment processing surcharge under Subsection (e); and
(2) inform the employer of the amount of the surcharge owed and the manner in which the surcharge is required to be paid to the unit.
SB 355  Eff. Date:  9/1/13- applies only to a child support withholding remitted by an employer on or after the effective date of this Act. A child support withholding remitted by an employer before the effective date of this Act is governed by the law in effect on the date the withholding was remitted, and the former law is continued in effect for that purpose.
CHAPTER 161 – TERMINATION OF THEPARENT-CHILD RELATIONSHIP
Subchapter A. Grounds
§ 161.005(e) and (i)
Termination When Parent is Petitioner-AMENDED
(e) A petition under Subsection (c) must be filed not later than the second [first] anniversary of the date on which the petitioner becomes aware of the facts alleged in the petition indicating that the petitioner is not the child’s genetic father.
(i) An order under Subsection (h) terminating the parent-child relationship ends the petitioner’s obligation for future support of the child as of the date the order is rendered, as well as the obligation to pay interest that accrues after that date on the basis of a child support arrearage or money judgment for achild support arrearage existing on that date. The order does not affect the petitioner’s obligations for support of the child incurred before that date [or the petitioner’s obligation to pay interest that accrues after that date on the basis of child support arrearages existing on that date]. Those obligations are enforceable until satisfied by any means available for the enforcement of child support other than contempt. Source: HB 154  Eff. Date:9/1/13- applies only to a suit affecting the parent-child relationship pending in a trial court on the effective date of this Act or filed on or after that date. A suit affecting the parent-child relationship in which a final order is rendered beforethe effective date of this Act isgoverned by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose.
§ 161.007
Termination When Pregnancy Results From Criminal Act- AMENDED
.
(a) Except as provided by Subsection (b), the [The] court shall [may] order the termination of the parent-child relationship of a parent and a child if the court finds by clear and convincing evidence that:
(1) the parent has engaged in conduct that constitutes [been convicted of] an offense [committed] under Section 21.02, 22.011, 22.021, or 25.02, Penal Code;
(2) as a direct result of the conduct described by Subdivision (1) [commission of the offense by the parent], the victim of the conduct [offense] became pregnant with the parent’s child; and
(3) termination is in the best interest of the child.
(b) If, for the two years after the birth of the child, the parent was married to or co-habitating with the other parent of the child, the court may order the termination of the parent-child relationship of the parent and the child if the court finds that:
(1) the parent has been convicted of an offense committed under Section 21.02, 22.011, 22.021, or 25.02, Penal Code;
(2) as a direct result of the commission of the offense by the parent, the other parent became pregnant with the child; and
(3) termination is in the best interest of the child.
Source: HB 1228   Eff. Date: 9/1/13 – applies only to a suit affecting the parent-child relationship pending in a trial court on the effective date of this Act or filed on or after that date. A suit affecting the parent-child relationship in which a final order is rendered before the effective date of this Act is governed by the law in effect on the date the order was rendered, and the former law is continued in effect for that purpose
CHAPTER 162. ADOPTION
Subchapter A. Adoption Of A Child
§ 162.006(a)(a-1)Right To Examine Records–AMENDED/ADDED
(a) The department, licensed child-placing agency, or other person[, or entity] placing a child for adoption shall inform the prospective adoptive parents of their right to examine the records and other
information relating to the history of the child. The department, licensed child-placing agency, or other person [or entity] placing the child for adoption shall edit the records and information to protect the identity of the biological parents and any other person whose identity is confidential.
(a-1) The records described by Subsection (a) must include any records relating to an investigation of abuse in which the child was an alleged or confirmed victim of sexual abuse while residing in a foster home or other residential child-care facility. If the licensed child-placing agency or the person placing the child for adoption does not have the information required by this subsection, the department, at the request of the licensed child-placing agency or other person placing the child for
adoption, shall provide the information to the prospective adoptive parents of the child. HB 3259   Eff. Date: 9/1/13
Subtitle C. Judicial Resources And Services
CHAPTER 201. ASSOCIATE JUDGE
Subchapter A. Associate Judge
§ 201.015(a) and (e).De Novo Hearing Before Referring Court-AMENDED
(a) A party may request a de novo hearing before the referring court by filing with the clerk of the referring court a written request not later than the third [seventh] working day after the date the party ovided by Section 201.011 (Texas Family Code).
(e) If a request for a de novo hearing before the referring court is filed by a party, any other party may
file a request for a de novo hearing before the referring court not later than the third [seventh] working
day after the date the initial request was filed.  Source:  HB 1366  Eff. Date:  9/1/13 – applies only to a request for a de novo hearing in a case referred to an associate judge under Chapter 201, Family Code, on or after the effective date of this Act. A request for a de novo hearing in a case referred to an associate judge before the effective date of this Act is governed by the law in effect on the date the case was referred, and the former law is continued in effect for that purpose.
Subchapter B. Associate Judge For Title IV-D Cases
§ 201.1042(b) De Novo Hearing Before Referring Court- AMENDED
(b) The party requesting a de novo hearing before the referring court shall file notice with the clerk of the referring court not later than the third [seventh] working day after the date the associate judgesigns the proposed order or judgment.  Source: HB 1366 Eff. Date:9/1/13 – applies only to a request for a de novo hearing in a case referred to an associate judgeunder Chapter 201, Family Code, on or after the effective date of this Act. A request for a de novohearing in a case referred to an associate judge beforethe effective date of this Act is governed by the law in effect on the date the case was referred, and the former law is continued in effect for that purpose.
Subtitle D. Administrative Services
CHAPTER 232. SUSPENSION OF LICENSE
§ 232.008(b)(b-1)
Order Suspending License For Failure To Pay Child Support-AMENDED
(b) Subject to Subsection (b-1), the [The] court or Title IV-D agency may stay an order suspending a license conditioned on the individual’s compliance with:
(1) a reasonable repayment schedule that is incorporated in the order;
(c) An offense under Subsection (a-1) is a Class A misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the actor intended to conceal the abuse or neglect. Source:  HB 1205  Eff. Date:  9/1/13 – applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
CHAPTER 264. CHILD WELFARE SERVICES
Subchapter J. Family Drug Court Program-REDESGINATED to § 122 – GOV’T CODE
Source:  SB 462 Eff. Date: 9/1/13 – applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection occurred before that date.
OTHER LEGISLATION AFFECTING THE FAMILY CODE
BUSINESS & COMMERCE CODE
CHAPTER 20— REGULATION OF CONSUMER CREDIT REPORTING AGENCIES
Subchapter E. Security Freeze for Child-ADDED
§ 20.21  Definitions
In this subchapter:
(1) “Protected consumer” means an individual who resides in this state and is younger than 16 years of age at the time a request for the placement of a security freeze is made.
(2) “Record,” with respect to a protected consumer, means a compilation of information identifying a protected consumer created by a consumer reporting agency solely to comply with this sub-chapter.
(3) “Representative” means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer.
(4) “Security freeze,” with respect to a protected consumer, means:
(A) if a consumer reporting agency does not have a consumer file pertaining to the protected consumer, a restriction that:
(i) is placed on the protected consumer’s record in accordance with this subchapter; and
(ii) prohibits a consumer reporting agency from releasing a consumer
report relating to the extension of credit involving the consumer’s record without the express authorization of the consumer’s representative or the consumer, as applicable; or
(B) if a consumer reporting agency has a consumer file pertaining to the protected consumer, a restriction that:
(i) is placed on the protected consumer’s consumer report in accordance with this subchapter; and
(ii) except as otherwise provided by this subchapter, prohibits a consumer reporting agency from releasing the protected consumer’s consumer report relating to the extension of credit involving that consumer file, or any information derived from the protected consumer’s consumer report.
§ 20.22
Applicability; Conflict Of Law
(a) This sub-chapter does not apply to the use of a protected consumer’s consumer report or record by:
(1) a person administering a credit file monitoring subscription service to which:
(A) the protected consumer has subscribed; or
(B) the representative of the protected consumer has subscribed on behalf of the protected consumer;
(2) a person providing the protected consumer or the protected consumer’s representative with a copy of the protected consumer’s consumer report on request of the protected consumer or the protected consumer’s representative;
(3) a consumer reporting agency with respect to a database or file that consists entirely of information concerning, and is used solely for, one or more of the following:
(A) criminal history record information;
(B) personal loss history information;
(C) fraud prevention or detection;
(D) tenant screening; or
(E) employment screening; or
(4) an entity described by Section 20.038(11), (12), or (13).
(b) To the extent of a conflict between a provision of this sub-chapter relating to a protected consumer and another provision of this chapter, this sub-chapter controls.
§ 20.23
Proof Of Authority And Identification
(a) Documentation that shows a person has authority to act on behalf of a protected consumer is considered sufficient proof of authority for purposes of this sub-chapter, including:
(1) an order issued by a court; or
(2) a written, notarized statement signed by a representative that expressly describes the  authority of the representative to act on behalf of a protected consumer.
(b) Information or documentation that identifies a protected consumer or a representative of a protected consumer is considered sufficient proof of identity for purposes of this sub-chapter, including:
(1) a social security number or a copy of the social security card issued by the United States Social Security Administration;
(2) a certified or official copy of a birth certificate issued by the entity authorized to issue the birth certificate;
(3) a copy of a driver’s license or identification card issued by the Department of Public Safety; or
(4) any other government-issued identification.
§ 20.24
Use of Record to Consider Creditworthiness or for Other Purposes Prohibited
A protected consumer’s record may not be created or used to consider the protected consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for any purpose described by Section 20.01(4).
§ 20.25
Request To Place A Security Freeze; Creation Of
Record
(a) Except as provided by Subsection(b), a consumer reporting agency shall place a security freeze on a protected consumer’s consumer file if:
(1) the consumer reporting agency receives a request from the protected consumer’s representative for the placement of the security freeze as provided by this section; and
(2) the protected consumer’s representative:
(A) submits the request to the consumer reporting agency at the address or other point of contact of and in the manner specified by the consumer reporting agency;
(B) provides to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative;
(C) provides to the consumer reporting agency sufficient proof of authority to act on behalf of the protected consumer; and
(D) pays to the consumer reporting agency a fee as provided by Section 20.29.
(b) If a consumer reporting agency does not have a consumer file pertaining to a protected consumer when the consumer reporting agency receives a request under Subsection (a) and if the
requirements of Subsection (a) are met, the consumer reporting agency shall create a record for the protected consumer and place a security freeze on the protected consumer’s record.
(c) The consumer reporting agency shall place the security freeze on the protected consumer’s consumer file or record, as applicable, not later than the 30th day after receiving a request that meets the requirements of Subsection (a).
§ 20.26
Release Of Consumer Report Prohibited
Unless a security freeze on a protected consumer’s consumer file or record is removed under Section 20.28 or 20.30, a consumer reporting agency may not release any consumer report relating to the protected consumer, any information derived from the protected consumer’s consumer report, or any record created for the protected consumer.
§ 20.27
Period Of Security Freeze
A security freeze on a protected consumer’s consumer file or record remains in effect until:
(1) the protected consumer or the protected consumer’s representative requests that the consumer reporting agency remove the security freeze in accordance with Section 20.28; or
(2) a consumer reporting agency removes the security freeze under Section 20.30.
§ 20.28
Removal Of Security Freeze
(a) A protected consumer or a protected consumer’s
representative may remove a security freeze on a protected consumer’s consumer file or record if the protected consumer or representative:
(1) submits a request for the removal of the security freeze to the consumer reporting agency at the address or other point of contact of and in the manner specified by the consumer reporting agency;
(2) provides to the consumer reporting agency:
(A) in the case of a request by the protected consumer:
(i) sufficient proof of identification of the protected consumer; and
(ii) proof that the sufficient proof of authority for the protected consumer’s representative to act on behalf of the protected consumer is no longer valid; or
(B) in the case of a request by the representative of a protected consumer:
(i) sufficient proof of identification of the protected consumer and the representative; and
(ii) sufficient proof of authority to act on behalf of the protected
consumer; and
(3) pays to the consumer reporting agency a fee as provided by Section 20.29.
(b) The consumer reporting agency shall remove the security freeze on the protected consumer’s consumer file or record not later than the 30th day after the date the agency receives a request that meets the requirements of Subsection (a).
§ 20.29
Fees
(a) A consumer reporting agency may not charge a fee for any service performed under this sub-chapter other than a fee authorized by this section.
(b) Except as provided by Subsection (c), a consumer reporting agency may charge a reasonable fee in an amount not to exceed $10 for each placement or removal of a security freeze on the protected consumer’s consumer file or record.
(c) A consumer reporting agency may not charge a fee for the placement of a security freeze under this sub-chapter if:
(1) the protected consumer’s representative submits to the consumer reporting agency a copy of a valid police report, investigative report, or complaint involving the commission of an offense under Section 32.51, Penal Code;
(2) at the time the protected consumer’s representative makes the request for a security freeze:
(A) the protected consumer is under the age of 16; and
(B) the consumer reporting agency has created a consumer report pertaining to the protected consumer.
§ 20.30
Effect Of Material Misrepresentation Of Fact
A consumer reporting agency may remove a security freeze on a protected consumer’s consumer file or record, or delete a record of a protected consumer, if the security freeze was placed or the record was
created based on a material misrepresentation of fact by the protected consumer or the protected consumer’s representative.
§ 20.31
Remedy For Violation
Notwithstanding Sub-chapter D or any other law, the exclusive remedy for a violation of this sub-chapter is a suit filed by the attorney general under Section 20.11.  Source: SB 60   Eff.  Date : 1/1/14
CIVIL PRACTICE & REMEDIES CODE
TITLE 2. TRIAL, JUDGMENT, AND APPEAL
Subtitle D. Appeals
CHAPTER 51— APPEALS
§ 51.014(c)Appeal from Interlocutory Orders –AMENDED
(b) An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) or in a suit brought under the Family Code, stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), or (8) also stays all other proceedings in the trial court pending resolution of that appeal. Source HB 1366   Eff. Date: 9/1/13 – applies only to an appeal of an interlocutory order rendered on or after the effective date of this Act. An appeal of an interlocutory order rendered before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
Subtitle C. Local Organization And Governance
CHAPTER 12. CHARTERS
Subchapter A. General Provisions
§ 12.055
Applicability Of Laws And Rules To Campus Or Program Granted Charter-AMENDED
(a) A campus or program for which a charter is granted under this sub-chapter is subject to federal and state laws and rules governing public schools, except that the campus or program is subject to this code and rules adopted under this code only to the extent the applicability to a campus or program for which a Legislative Update 2013: Family Law charter is granted under this sub-chapter of a provision of this code or a rule adopted under this code is specifically provided.
(b) A school district may contract with another district or an open-enrollment charter holder for services at a campus charter. An employee of the district or open-enrollment charter holder providing contracted services to a campus charter is eligible for membership in and benefits from the Teacher Retirement System of Texas if the employee would be eligible for membership and benefits if holding the same position at the employing district or open-enrollment charter school operated by the charter holder.
Source: HB 3357 Eff.  Date :  takes effect immediately
§ 12.057(b-1)
Status-ADDED
(b-1) An employee of a charter holder, as defined by Section 12.1012, who is employed on a campus or in a program granted a charter under this sub-chapter and who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system in the same manner and to the same extent as a qualified employee of an independent school district who is employed on a regularly operating campus or in a regularly operating program.
Source:   HB 3357   Eff.  Date: takes effect immediately
The following laws are repealed:
(1) Section 825.211, Government Code;
(2) Sections 825.212(d), (e), (f),(g), and (h), Government Code;
(3) Sections 825.402(b), (c), and (d), Government Code;
(4) Section 825.404(d), Government Code;
(5) Section 825.411, Government Code; and
(6) Section 1579.103, Insurance Code.
Source: HB  3357    Eff.   Date:  takes effect immediately
GOVERNMENT CODE
TITLE 2. JUDICIAL BRANCH
Subtitle G. Attorneys
CHAPTER 82. LICENSING OF ATTORNEYS
Subchapter A. Board Of Law Examiners
§ 82.65(b)  Contract for Legal Services- AMENDED
(b) Any contract for legal services is voidable by the client if it is procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, [the laws of this state] or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons.
Source:
HB 1711  Eff. Date:9/1/13 – applies only to a contract procured as a result of conduct described by that subsection,as amended by this Act, occurring on or after the effective date of this Act. A contract procured as a result of conduct occurring before the effective date of this Act is governed by the law applicable to the contract immediately before the effective date of this Act, and that law is continued in effect for that
purpose.
§ 82.0651(a-c) & (g)
Civil Liability For Prohibited Barratry–AMENDED/ADDED
(a) A client may bring an action to void a contract for legal services that was procured as a result of conduct violating Section 38.12(a) or
(b), Penal Code, [the laws of this state] or Rule 7.03 of the Texas
Disciplinary Rules of Professional Conduct of the State
Bar of Texas, regarding barratry by attorneys or other persons, and to recover any amount that may be awarded under Subsection (b). A client who enters into a contract described by this subsection may bring an action to recover any amount that may be awarded under Subsection(b) even if the contract is voided voluntarily.
(b) A client who prevails in an action under Subsection (a) shall recover from any person who committed barratry:
(1) all fees and expenses paid to that person under the contract;
(2) the balance of any fees and expenses paid to any other person under the contract, after deducting fees and expenses awarded based on a quantum meruit theory as provided by Section 82.065(c);
(3) actual damages caused by the prohibited conduct; [and]
(4) a penalty in the amount of $10,000; and
(5) reasonable and necessary attorney’s fees.
(c) A person who was solicited by conduct violating Section 38.12(a) or (b), Penal Code, [the laws of this state] or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas, regarding barratry by attorneys or other persons, but who did not enter into a contract as a resultof that conduct, may file a civil action against any person who committed barratry.
(g) The expedited actions process created by Rule169, Texas Rules of Civil Procedure, does not apply to an action under this section.
Source:
HB 1711
Eff. Date:9/1/13 – applies only to a contract procured as a result of conduct described by that subsection, as amended by this Act, occurring on or after the effective date of this Act. A contract procured as a result of conduct occurring before the effective date of this Act is governed by the law applicable to the contract immediately before the effective date of this Act, and that law is continued in effect for that purpose.  Note: (g) applies to an action: (1) commenced on or after the effective date of this Act; or  (2) pending on the effective date of this Act and in which the trial, or any new trial or retrial following motion, appeal, or otherwise, begins on or after the effective date of this Act.
Subtitle K. Specialty Courts-ADDED
CHAPTER 121. GENERAL PROVISIONS
§ 121.001-Definition
.
In this sub-chapter, “specialty court” means a court established under this sub-title or former law.
Source: SB 462 Eff. Date:1/1/14 – applies to a specialty court as defined by Section 121.001, Government Code, as added by this Act, regardless of whether that court was created under Subtitle K, Title 2, Government Code, as added by this Act, or former law.
§ 121.002
Oversight
(a) The lieutenant governor and the speaker of the house of representatives may assign to appropriate legislative committees duties relating to the oversight of specialty court programs.
(b) For the purpose of determining the eligibility of a specialty court program to receive state or federal grant funds administered by a state agency, the governor or a legislative committee to which duties are assigned under Subsection (a) may request the state auditor to perform a management, operations, or financial or accounting audit of the program.
 (c) Notwithstanding any other law, a specialty court program may not operate until the judge, magistrate, or coordinator:
(1) provides to the criminal justice division of the governor’s office:
(A) written notice of the program;
(B) any resolution or other official declaration under which the program was established; and
(C) a copy of the applicable community justice plan that incorporates duties related to supervision that will be required under the program; and
(2) receives from the division written verification of the program’s compliance with Subdivision (1).
(d) A specialty court program shall:
(1) comply with all programmatic best practices recommended by the Specialty Courts Advisory Council under Section 772.0061(b)(2) and approved by the Texas Judicial Council; and
(2) report to the criminal justice division any information required by the division regarding the performance of the program.
(e) A specialty court program that fails to comply with Subsections (c) and (d) is not eligible to receive any state or federal grant funds administered by any state agency.
CHAPTER 122 [SUBCHAPTER J]
FAMILY DRUG COURT PROGRAM-RE-DESIGNATED
§ 122.001 [264.801]Family Drug Court Program Defined
In this chapter [sub-chapter], “family drug court program” means a program that has the following essential characteristics:
(1) the integration of substance abuse treatment services in the processing of civil cases in the child welfare system with the goal of family reunification;
(2) the use of a comprehensive case management approach involving Department of Family and Protective Services [department] caseworkers, court-appointed case managers, and court-appointed special advocates to rehabilitate a parent who has had a child removed from the parent’s care by the department because of suspected child abuse or neglect and who is suspected of substance abuse;
(3) early identification and prompt placement of eligible parents who volunteer to participate in the program;
(4) comprehensive substance abuse needs assessment and referral to an appropriate substance abuse treatment agency;
(5) a progressive treatment approach with specific requirements that a parent must meet to advance to the next phase of the program;
(6) monitoring of abstinence through periodic alcohol or other drug testing;
(7) ongoing judicial interaction with program participants;
(8) monitoring and evaluation of program goals and effectiveness;
(9) continuing interdisciplinary education to promote effective program planning, implementation, and operations; and
(10) development of partnerships with public agencies and community organizations.
§ 122.002 [264.802] Authority To Establish Program
The commissioners court of a county may establish a family drug court program for persons who:
(1) have had a child removed from their care by the Department of Family and Protective Services [department]; and
(2) are suspected by the Department of Family and Protective Services [department] or a court of having a substance abuse problem.
[Sec. 264.803.] OVERSIGHT
(a) The lieutenant governor and the Speaker of the House of Representatives may assign to appropriate legislative committees duties relating to the oversight of family drug court programs established under this sub-chapter.
[(b) A legislative committee or the governor may request the state auditor to perform a management, operations, or financial or accounting audit of a family drug court program established under this sub-chapter.]
§ 122.003 [264.804]
Participant Payment For Treatment And Services
A family drug court program may require a participant to pay the cost of all treatment and services received while participating in the program based on the participant’s ability to pay.
§ 122.004 [264.805]
Funding
A county creating a family drug court under this chapter shall explore the possibility of using court improvement project funds to finance the family drug court in the county. The county shall also explore the availability of federal and state matching funds to finance the court. SB 462    Eff. Date: 9/1/13
CHAPTER 123 [SUBCHAPTER J]. FAMILY DRUG COURT PROGRAM-RE-DESIGNATEDAND TRANSFERRED from Chapter 469, Health and Safety Code
CHAPTER 124 [SUBCHAPTER J]
VETERAN’S COURT PROGRAM-RE-DESIGNATED AND TRANSFERRED
from Chapter 617, Health and Safety Code
CHAPTER 125 [SUBCHAPTER J]
MENTAL HEALTH COURT PROGRAM-RE-DESIGNATED AND TRANSFERRED from Chapter 616, Health and Safety Code
SB 462 Eff. Date : 9/1/13
Subtitle I. Court Fees And Costs
CHAPTER 103. ADDITIONAL COURT FEES AND COSTS
Sub-chapter A. General Provisions
§ 103.0271
Additional Miscellaneous Fees And Costs: Government Code-ADDED
Fees and costs shall be paid or collected under the Government Code as follows:
(1) a program fee for a drug court program (Sec. 123.004, Government Code) . . . not to exceed $1,000;
(2) an alcohol or controlled substance testing, counseling, and treatment fee (Sec. 123.004, Government Code) . . . the amount necessary to cover the costs of testing, counseling, and treatment;
(3) a reasonable program fee for a veterans court program (Sec. 124.005, Government Code) . . . not to exceed $1,000; and
(4) a testing, counseling, and treatment fee for testing, counseling, or treatment performed or provided under a veterans court program (Sec. 124.005, Government Code) . . . the amount necessary to cover the costs of testing, counseling, or treatment.
§ 103.0292
Additional Miscellaneous Fees And Costs: Health And Safety Code-ADDED
A non-refundable program fee for a first offender prostitution prevention program established under Section 169.002, Health and Safety Code, shall be collected under Section 169.005, Health and Safety Code, in a reasonable amount not to exceed $1,000, which includes:
(1) a counseling and services fee in an amount necessary to cover the costs of counseling and services provided by the program;
(2) a victim services fee in an amount equal to 10 percent of the total fee; and
(3) a law enforcement training fee in an amount equal to five percent of the total fee.
(c) Sections 103.029 and 103.0291, Government Code, are repealed.
SB 462 Eff. Date: 9/1/13
TITLE 7. INTERGOVERNMENTAL RELATIONS
CHAPTER 772. GOVERNMENTAL PLANNING
§ 772.0061(a-e)&(j)  Specialty Courts Advisory Council AMENDED/ADDED
(2) “Specialty court” means:
(A) a family drug court program established under Chapter 122 or former law;
(B) a drug court program established
under Chapter 123 or former law [469, Health and Safety Code];
(C) a veterans court program established under Chapter 124 or former law; and
(D) [(B)] a mental health court program established under Chapter 125 or former
law [616, Health and Safety Code; and
[(C) a veterans court program established under Chapter 617, Health and Safety
Code].
(b) The governor shall establish the Specialty Courts Advisory Council within the criminal justice division established under Section 772.006 to:
(1) evaluate applications for grant funding for specialty courts in this state and to make funding recommendations to the criminal justice division; and
(2) make recommendations to the criminal justice division regarding best practices for specialty courts established under Chapter 122, 123, 124, or 125 (Texas Government Code) or former law.
(c) The council is composed of nine [seven] members appointed by the governor as follows:
(1) one member with experience as the judge of a specialty court described by Subsection (a)(2)(A);
(2) one member with experience as the judge of a specialty court described by Subsection (a)(2)(B);
(3) one member with experience as the judge of a specialty court described by Subsection (a)(2)(C);
(4) one member with experience as the judge of a specialty court described by Subsection (a)(2)(D) [three members with experience as judges of a specialty court]; and
(5) five [(2) four] members who represent the public.
(d) The members appointed under Subsection (c)(5) [(c)(2)] must:
(1) reside in various geographic regions of the state; and
(2) have experience practicing law in a specialty court or possess knowledge and
expertise in a field relating to behavioral or mental health issues or to substance abuse treatment.
(e) Members are appointed for staggered six-year terms, with the[. The] terms of [either two or]three members expiring[, as applicable, expire] February 1 of each odd-numbered year.
(j) A member of the council may not receive compensation for service on the council. The member may receive reimbursement from the criminal justice division for actual and necessary expenses incurred in performing council functions as provided by Section 2110.004. SB 462   Eff.  Date: 9/1/13
TITLE 8. PUBLIC RETIREMENT SYSTEMS
Subtitle C. Teacher Retirement System Of Texas
CHAPTER 824. BENEFITS
Sub-chapter B. Beneficiaries
§ 824.1012(a) and (b). Post-Retirement Change in Retirement
Payment Plan [Revocation of Beneficiary Designation] for Certain Retirement Benefit Options- AMENDED
(a) As an exception to Section 824.101(c), a retiree who selected an optional service retirement annuity under Section 824.204(c)(1), (c)(2), or (c)(5) or an optional disability retirement annuity under Section 824.308(c)(1), (c)(2), or (c)(5) and who has received at least one payment under the plan selected may change the optional annuity selection made by the retiree to a standard service or disability retirement annuity as provided for in this section. If the beneficiary is the spouse or former spouse of the retiree, the beneficiary must sign a notarized consent to
the change, or [may revoke the designation of the beneficiary to receive the annuity on the death of the retiree, if] a court in a divorce proceeding involving the retiree and beneficiary must approve or order the change [approves or orders the revocation] in the divorce decree or acceptance of a property settlement [or if the beneficiary is the spouse, a former spouse, or an adult child of the retiree and signs a notarized consent to the revocation]. The change in plan selection [revocation] takes effect when the retirement system receives it.
(b) A change [revocation] described by Sub-section (a) cancels the optional annuity selection made by the retiree, effective with the beginning of payments of the annuity as recomputed under this subsection. The retiree is entitled to receive payments of a standard service or disability retirement annuity, as applicable, reduced for early retirement, if applicable, beginning with the payment for the month after the month in which the retirement system receives the notice of change [revocation] and
ending on the death of the retiree. The change also cancels the designation of beneficiary with respect to the optional annuity benefit but does not cancel a designation with respect to any other benefit payable by the retirement system on the death of the retiree.
Source:  HB 3357    Eff. Date:9/1/13
§ 824.1013 (b)Change Of Beneficiary After Retirement-AMENDED
(b) If the beneficiary designated at the time of the retiree’s retirement is the spouse [or former spouse] of the retiree at the time of the designation:
(1) the spouse [or former spouse] must give written, notarized consent to the change; [or]
(2) if the parties divorce after the designation, the former spouse who was designated
beneficiary must give written, notarized consent to the change; or
(3) a court with jurisdiction over the marriage must have ordered the change.
Source: HB 3357  Eff. Date:  9/1/13
CHAPTER 825. ADMINISTRATION
Subchapter B.  Board Of Trustees
§ 825.002(c), (e), and (e-1) Trustees Appointed By Governor- AMENDED
(c) The governor shall appoint two members of the board from a slate of three members of the retirement system who are currently employed by a public school district, charter school, or regional education service center and who have been nominated in accordance with Subsection (f) by the members of the retirement system whose most recent credited service was performed for a public school district,
charter school, or regional education service center.  The two members hold office for staggered terms.
(e) The governor shall appoint one member of the board from a slate of three persons who havebeen nominated in accordance with Subsection (f) by the following groups collectively:
(1) members of the retirement system whose most recent credited service was performed for an institution of higher education;
(2) members of the retirement system whose most recent credited service was performed for a public school district, charter school, or regional education service center; and
(3) persons who have retired and are receiving benefits from the retirement system.
(e-1) A person may be nominated for appointment to the board under Subsection (e) if the person is:
(1) a member of the retirement system who is currently employed by an institution of higher education;
(2) a member of the retirement system who is currently employed by a public school district, charter school, or regional education service center; or
(3) a former member of the retirement system who has retired and is receiving benefits from the system.  Source:  HB 3357    Eff. Date:  takes effect immediately
§ 825.115 (d) and (e)Applicability Of Certain Laws- ADDED
(d) The board of trustees or its audit committee may conduct a closed meeting in accordance with Subchapter E, Chapter 551 (Texas Government Code), with the retirement system’s internal or external auditors to discuss:
(1) governance, risk management or internal control weaknesses, known or suspected compliance violations or fraud, status of regulatory reviews or investigations, or identification of potential fraud risk areas and audits for the annual internal audit plan; or
(2) the auditors’ ability to perform duties in accordance with the Internal Audit Charter, relevant auditing standards, and Chapter 2102.
(e) The board of trustees may conduct a closed meeting in accordance with Subchapter E,Chapter 551, to deliberate or confer with one or more employees, consultants, or legal counsel of the retirement system or a third party regarding a procurement to be awarded by the board of trustees if, before conducting the closed meeting, a majority of the trustees in an open meeting vote that deliberating or conferring in an open meeting would have a detrimental effect on the position of the retirement system in negotiations with a third person. The board of trustees is required to vote or take final action on the procurement in an open meeting.
Source:  HB 3357  Eff. Date:  takes effect immediately

Subchapter C. Officers And Employees Of Board Of Trustees

§ 825.204 (d)Medical Board -ADDED
(d) The medical board is not subject to subpoena regarding findings it makes in assisting the executive director or board of trustees under this section, and its members may not be held liable for any opinions, conclusions, or recommendations made under this section.
Source:  HB 3357  Eff. Date:  takes effect immediately
§ 825.212(a), (b), and (c)Retirement System Ethics Policy- AMENDED
(a) The [In addition to any other requirements provided by law, the] board of trustees shall adopt a code or codes of [enforce an] ethics, including standards of ethical conduct and disclosure requirements, applicable to:
(1) trustees;
(2) [policy as provided by this section for] employees; and
(3) any contractors or any categories of contractors that the board of trustees determines provide:
(A) advice or opinion [of and consultants and advisors] to the retirement system  that is the basis for a significant decision or action by or on behalf of the retirement system; or
(B) significant services to the retirement system that relate to the administration
and operation of the retirement system.
(b) In any code of ethics adopted under this section, [Each employee of the retirement system who exercises significant decision-making or fiduciary authority, as determined by] the board of trustees may:
(1) impose enhanced [, shall file financial] disclosure requirements on employees that
[statements with a person designated by] the board of trustees determines exercise significant fiduciary authority;
(2) impose disclosure requirements on contractors for expenditures on behalf of retirement system trustees or employees in amounts equal to or greater than a minimum amount considered material by the board of trustees; or
(3) address topics related to ethical conduct, including prohibited conduct, conflicts of interest, waivers of conflicts of interest, remedies for conflicts of interest, and sanctions. [The content of a financial disclosure statement must comply substantially with the requirements of Subchapter B, Chapter 572. A statement must be filed not later than the 30th day after the date a person is employed in a significant decision-making or fiduciary position and annually after employment not later than April 30.  The filing deadline may be postponed by the executive director for not more than 60 days on written request or for an additional period for good cause, as determined by the chairman of the board. The retirement system shall maintain a financial disclosure statement for at least five years after the date of its filing.]
(c) This chapter modifies the common law of conflict of interests as applied to trustees, employees, and contracts of the retirement system to the extent that violations of the common law of conflict of interests do not void retirement system contracts. The retirement system shall by rule or policy adopt procedures for disclosing and curing violations of the common law of conflict of interests and any such rule or policy may specify time periods in which disclosures and cures must be completed [An employee who has a business or commercial relationship that could reasonably be expected to diminishes the employee’s independence of judgment in the performance of the employee’s responsibilities to the retirement system shall disclose that relationship in writing to a person designated by the board].
Source:  HB 3357  Eff. Date:  takes effect immediately
Subchapter D. Management Of Assets
§ 825.312(b)  Expense Account- AMENDED
(b) The retirement system shall pay from the account all administrative expenses of the retirement system [that exceed the amounts appropriated under Section 825.404(d) and] that are required to perform the fiduciary duties of the board.
Source:  HB 3357       Eff.   Date:    takes effect immediately
§ 825.313(d)
Transfers From Interest [Or State Contribution] Account- AMENDED
(d) The board of trustees, by resolution recorded in its minutes, may transfer from the interest account to the expense account an amount necessary to cover the expenses of the retirement system for the fiscal year [that exceed the amount of operating expenses appropriated under Section 825.404(d) and] that are required to perform the fiduciary duties of the board[, including the expense of servicing mortgages insured by the Federal Housing Administration under the National Housing Act (12 U.S.C., Section 1701 et seq.)].
Source:  HB 3357  Eff. Date:   takes effect immediately
§ 825.314
Use [And Reporting] of State Contributions[and other Appropriations and Assets]-AMENDED
[(a)] The retirement system shall use all assets contributed by the state[, other than operating expenses appropriated under Section 825.404(d),] to pay benefits authorized by this subtitle.[(b) The staff of the retirement system shall report to the board at each board meeting the amounts and uses since the preceding board meeting of any money expended by the system from amounts transferred under Section 825.313(d) and include an explanation of why the amounts were needed to perform the fiduciary duties of the board. The retirement system annually shall prepare and issue to each contributing member and annuitant and to the governor, lieutenant governor, and speaker of the house of representatives a summary of the reports presented during the preceding year to the board.]
Source:  HB 3357  Eff. Date:  takes effect immediately
Subchapter E. Collection Of Membership Fees And Contributions
§ 825.404(e)
Collection Of State Contributions [And Appropriated Operating Expenses]AMENDED
(e) All money appropriated by the state to the retirement system shall be paid to the state contribution account in equal monthly installments
as provided by Section 403.093(c)[, Government Code, except money appropriated under Subsection (d), which remains in the general revenue fund until expenses are approved -under Chapter 2103].
Source: HB 3357 Eff. Date:  takes effect immediately
§ 825.410(b)
Payroll Deductions Or Installment
Payments For Special Service Credit-AMENDED
(b) Service credit shall be established pursuant to the following provisions:
(1) The retirement system shall credit a member’s payments made under this section to a suspense account in the trust fund until the sum of the payments equals the amount required for one year of service credit, at which time the retirement system shall deposit the payments in the appropriate accounts in the trust fund and grant the applicable amount of service credit.   No credit shall be established for service pursuant to Section 823.501 [or Section 825.403] until a lump sum has been paid or all payroll deduction or installment payments have been completed.
(2) No credit shall be established for other service when the cost of establishing the service has been determined by using withdrawn service to be reinstated pursuant to Section 823.501 [or previously unreported service to be established pursuant to Section 825.403] until a lump sum or all payroll deductions or installments for the withdrawn [or previously unreported] service have been paid.
(3) All other service shall be credited when sufficient payroll deductions or installments have been completed to satisfy the cost requirements for a year of service.
Source:  HB 3357  Eff. Date:  takes effect immediately
 
Subchapter F. Miscellaneous Administrative Procedures
§ 825.507(a), (b), (c), (f), and (g)
Record Confidentiality- AMENDED
(a) Records of a participant and information about the records of a participant that are in the custody of the retirement system or of an administrator, carrier, attorney, consultant, or governmental agency, including the comptroller, acting in cooperation with or on behalf of the retirement system are confidential and not subject to public disclosure [in a form that would identify an individual and are exempt from the public access provisions of Chapter 552, except as otherwise provided by this section]. Because the records and information described this section [subsection] are exempt from the public access provisions of Chapter 552, the retirement system or an administering firm, carrier, attorney, consultant, or governmental agency, including the comptroller, acting in cooperation with or on behalf of the retirement system, is not required to accept or comply with a request for a record or information about a record or to seek an opinion from the attorney general, except as otherwise provided by this section.
(b) The retirement system may release records of a participant, or information about the records of a participant, including a participant to which Chapter 803 applies, to:
(1) the participant or the participant’s attorney or guardian or another person who the executive director determines is acting on behalf of the participant;
(2) the executor or administrator of the deceased participant’s estate, including information relating to the deceased participant’s beneficiary, or if an executor or administrator of the deceased participant’s estate has not been named, a person or entity who the executive director determines is acting in the interest of the deceased participant’s estate, or an heir, legatee, or devise of the deceased participant;
(3) a spouse or former spouse of the participant if the executive director determines that the information is relevant to the spouse’s or former spouse’s interest in member accounts, benefits, or other amounts payable by the retirement system;
(4) an administrator, carrier, consultant, attorney, or agent acting on behalf of the retirement system;
(5) a governmental entity, an employer, or the designated agent of an employer, only to the extent the retirement system needs to share the information to perform the purposes of the retirement system, as determined by the executive director;
(6) a person authorized by the participant in writing to receive the information;
(7) a federal, state, or local criminal law enforcement agency that requests a record for a law enforcement purpose;
(8) the attorney general to the extent necessary to enforce child support; or
(9) a party in response to a subpoena issued under applicable law if the executive director determines that the participant will have a reasonable opportunity to contest the subpoena.
(c) The records of a participant and information about the records remain confidential after release to a person as authorized by this section. This section does not prevent the retirement system or administering firm or carrier acting in cooperation with or on behalf of the retirement system from disclosing or confirming [disclosure or confirmation], on an individual basis, [of] the status or identity ofa participant as a member, former member, retiree, deceased member or retiree, beneficiary, or alternate payee of the retirement system.
(f) This section does not authorize the retirement system to compile or disclose a list of participants’ names, addresses, including e-mail addresses, or social security numbers unless the executive director determines that a compilation or disclosure is necessary to administer the retirement system.
(g) In this section, “participant” means a member, former member, retiree, annuitant, beneficiary, or alternate payee of the retirement system, or an employee or contractor of an employer covered by the retirement system for whom records were received by the retirement system for the purpose of administering the terms of the plan, including for audit or investigative purposes.
Source:  HB 3357  Eff. Date:  takes effect immediately
§ 825.515(a)
Information About Member Positions – AMENDED
(a) At least annually, the retirement system shall acquire and maintain records identifying members and specifying the types of positions they hold as members. Employers shall provide to the retirement system information specifying the type of position held by each member [The type of position shall be identified] as Administrative/Professional, Teacher/Full-Time Librarian, Support, Bus Driver, or Peace Officer. Employers shall also provide to the retirement system the work e-mail address for each member. For each member identified as a Peace Officer, the records must specify whether the member is an employee of an institution of higher education or of a public school that is not an institution of higher education. An employer shall provide the information required by this section in the form and manner specified by the retirement system.
Source: HB  3357  Eff. Date :   takes effect immediately
TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES
Subtitle H. Health Benefits And Other Coverages For Governmental Employees
CHAPTER 1575. TEXAS PUBLIC SCHOOL EMPLOYEES GROUP BENEFITS PROGRAM
Subchapter A. General Provisions
§ 1575.003(1)
Definition Of Dependent And Related Terms- AMENDED
(1) “Dependent” means:
(A) the spouse of a retiree;
(B) a [an unmarried] child of a retiree or deceased active member if the child is
younger than 26 [25] years of age, including:
(i) an adopted child or child who is lawfully placed for legal adoption;
(ii) a foster child, stepchild, or other child who is in a regular parent-
child relationship; or
(iii) a [recognized] natural child;
(C) a retiree’s [recognized] natural child, adopted child, foster child, stepchild, or other child who is in a regular parent-child relationship and who lives with or has his or her care provided by the retiree or surviving spouse on a regular basis regardless of the child’s age, if the child has a mental disability or is physically incapacitated to an extent that the child is dependent on the retiree or surviving spouse for care or support, as determined by the trustee; or
(D) a deceased active member’s [recognized] natural child, adopted child, foster child, stepchild, or other child who is in a regular parent-child relationship, without regard to the age of the child, if, while the active member was alive, the child:
(i) lived with or had the child’s care provided by the active member on a regular basis; and

(ii) had a mental disability or was physically incapacitated to an extent that the child was dependent on the active member or surviving spouse for care or support, as determined by the trustee.Source:  HB 3357  Eff.    Date :  takes effect immediately

Subchapter E. Contributions
§ 1575.205(c)
Participation Contribution For Optional Plan- AMENDED
(c) The trustee may spend a part of the money received for the group program to offset a part of the costs for optional coverage paid by retirees if [the expenditure does not reduce the period] the group program is projected to remain financially solvent during the currently funded [by more than one year in a] biennium.
Source:  HB 3357  Eff.   Date:  9/1/13 – takes effect immediately
CHAPTER 1579. TEXAS SCHOOL EMPLOYEES UNIFORM GROUP HEALTH COVERAGE
Subchapter A. General Provisions
§ 1579.004
Definition Of Dependent-AMENDED
In this chapter, “dependent” means:
(1) a spouse of a full-time employee or part-time employee;
(2) a [an unmarried] child of a full-time or part-time employee if the child is younger
than 26 [25] years of age, including:
(A) an adopted child or child who is lawfully placed for adoption;
(B) a foster child, stepchild, or other child who is in a regular parent-child relationship; and
(C) a [recognized] natural child;
(3) a full-time or part-time employee’s [recognized] natural child, adopted child, foster child, stepchild, or other child who is in a regular parent-child relationship and who lives with or has his or her care provided by the employee or the surviving spouse on a regular basis, regardless of the child’s age, if the child has a mental disability or is physically incapacitated to an extent that the child is dependent on the employee or surviving spouse for care or support, as determined by the board of trustees; and
(4) notwithstanding any other provision of this code, any other dependent of a full-time or part-time employee specified by rules adopted by the board of trustees.
Source:  HB 3357  Eff . Date :  takes effect immediately
PENAL CODE
TITLE 6. OFFENSES AGAINST THE FAMILY
CHAPTER 25. OFFENSES AGAINST THE FAMILY
§ 25.07
Violation of Certain Court Orders or Conditions Of Bond in a Family Violence Case
ADDED
(a-1) For purposes of Subsection (a)(5), possession of a pet, companion animal, or assistance animal by a person means:
(1) actual care, custody, control, or management of a pet, companion animal, or assistance animal by the person; or

(2) constructive possession of a pet, companion animal, or assistance animal owned by the person or for which the person has been the primary caregiver. Source:  SB 555  Eff. Date:   9/1/13-applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
§ 38.12(d)(e)
Barratry And Solicitation Of Professional Employment-AMENDED
(d) A person commits an offense if the person:
(1) is an attorney, chiropractor, physician, surgeon, or private investigator licensed to practice in this state or any person licensed, certified, or registered by a health care regulatory agency of this state; and
(2) with the intent to obtain professional employment for the person or for another, provides or knowingly permits to be provided to an individual who has not sought the person’s employment, legal representation, advice, or care a written communication or a solicitation, including a solicitation in person or by telephone, that:
(A) concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication or solicitation is provided or a relative of that person and that was provided before the 31st day after the date on which the accident or disaster occurred;
(B) concerns a specific matter and relates to legal representation and the person knows or reasonably should know that the person to whom the communication or solicitation is directed is represented by a lawyer in the matter;
(C) [concerns an arrest of or issuance of a summons to the person to whom the communication or solicitation is provided or a relative of that person and that was provided before the 31st day after the date on which the arrest or issuance of the summons occurred; [(D)] concerns a lawsuit of any kind, including an action for divorce, in which the person to whom the communication or solicitation is provided is a defendant or a relative of that person, unless the lawsuit in which the person is named as a defendant has been on file for more than 31 days before the date on which the communication or solicitation was provided; (D) [(E)] is provided or permitted to be provided by a person who knows or reasonably should know that the injured person or relative of the injured person has indicated a desire not to be contacted by or receive communications or solicitations concerning employment; (E) [(F)] involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence; or (F) [(G)] contains a false, fraudulent, misleading, deceptive, or unfair statement or claim.
(e) For purposes of Subsection (d)(2)(D) [(d)(2)(E)], a desire not to be contacted is presumed if an accident report reflects that such an indication has been made by an injured person or that person’s relative.     Source:    HB 1711    Eff.  Date :    9/1/13
 Source:   Warren Cole,  Legislative Update 2013:  Family Law,  Law Office of Warren Cole, 3355 West Alabama-Suite 825 Houston, Texas 77098-1875 (713) 275-4444; warrren@warcolelaw.com; http://www.judicialsection.com/Portals/0/Family%20Law.pdf
Fair Use Disclaimer:
(1) The information contained in this post may or may not be subject to copyright, although none was available at the source.  It is explicitly not available for commercial or profitable use.
(2) This post is intended solely for academic research/general knowledge and/or entertainment value.
(3)  This post is made in good faith as these are reportedly the current statutory laws in Texas that reflect significant changes.
(4) Author of this post is not an attorney, lawyer, legal practitioner, paralegal, or trial advocate, therefore nothing contained in this post could possibly be misconstrued as “legal” “advice.”
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