reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.008. Termination of Authorization Agreement

Sec. 34.008.  TERMINATION OF AUTHORIZATION AGREEMENT.  (a)  Except as provided by Subsection (b), an authorization agreement under this chapter terminates if, after the execution of the authorization agreement, a court enters an order:
(1)  affecting the parent-child relationship;
(2)  concerning custody, possession, or placement of the child;
(3)  concerning access to or visitation with the child; or
(4)  regarding the appointment of a guardian for the child under Subchapter B, Chapter 1104, Estates Code.
(b)  An authorization agreement may continue after a court order described by Subsection (a) is entered if the court entering the order gives written permission.
(c)  An authorization agreement under this chapter terminates on written revocation by a party to the authorization agreement if the party:
(1)  gives each party written notice of the revocation;
(2)  files the written revocation with the clerk of the county in which:
(A)  the child resides;
(B)  the child resided at the time the authorization agreement was executed; or
(C)  the adult caregiver resides; and
(3)  files the written revocation with the clerk of each court:
(A)  that has continuing, exclusive jurisdiction over the child;
(B)  in which there is a court order or pending suit affecting the parent-child relationship concerning the child;
(C)  in which there is pending litigation concerning:
(i)  custody, possession, or placement of the child; or
(ii)  access to or visitation with the child; or
(D)  that has entered an order regarding the appointment of a guardian for the child under Subchapter B, Chapter 1104, Estates Code.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 13, eff. September 1, 2017.
(e)  If both parents have signed the authorization agreement, either parent may revoke the authorization agreement without the other parent's consent.
(f)  Execution of a subsequent authorization agreement does not by itself supersede, invalidate, or terminate a prior authorization agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 897 (S.B. 482), Sec. 5, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 10, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 244 (H.B. 871), Sec. 13, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.017, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 34 - Authorization Agreement for Nonparent Adult Caregiver › Section 34.009. Penalty

Sec. 34.009.  PENALTY.  (a)  A person commits an offense if the person knowingly:
(1)  presents a document that is not a valid authorization agreement as a valid authorization agreement under this chapter;
(2)  makes a false statement on an authorization agreement; or
(3)  obtains an authorization agreement by fraud, duress, or misrepresentation.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2009, 81st Leg., R.S., Ch. 815 (S.B. 1598), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.001. Applicability

Sec. 35.001.  APPLICABILITY.  This chapter applies to a person whose relationship to a child would make the person eligible to consent to treatment under Section 32.001 or eligible to enter an authorization agreement under Section 34.001.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.002. Temporary Authorization

Sec. 35.002.  TEMPORARY AUTHORIZATION.  A person described by Section 35.001 may seek a court order for temporary authorization for care of a child by filing a petition in the district court in the county in which the person resides if:
(1)  the child has resided with the person for at least the 30 days preceding the date the petition was filed; and
(2)  the person does not have an authorization agreement under Chapter 34 or other signed, written documentation from a parent, conservator, or guardian that enables the person to provide necessary care for the child.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.003. Petition for Temporary Authorization for Care of Child

Sec. 35.003.  PETITION FOR TEMPORARY AUTHORIZATION FOR CARE OF CHILD.  (a)  A petition for temporary authorization for care of a child must:
(1)  be styled "ex parte" and be in the name of the child;
(2)  be verified by the petitioner;
(3)  state:
(A)  the name, date of birth, and current physical address of the child;
(B)  the name, date of birth, and current physical address of the petitioner; and
(C)  the name and, if known, the current physical and mailing addresses of the child's parents, conservators, or guardians;
(4)  describe the status and location of any court proceeding in this or another state with respect to the child;
(5)  describe the petitioner's relationship to the child;
(6)  provide the dates during the preceding 12 months that the child has resided with the petitioner;
(7)  describe any service or action that the petitioner is unable to obtain or undertake on behalf of the child without authorization from the court;
(8)  state any reason that the petitioner is unable to obtain signed, written documentation from a parent, conservator, or guardian of the child;
(9)  contain a statement of the period for which the petitioner is requesting temporary authorization; and
(10)  contain a statement of any reason supporting the request for the temporary authorization.
(b)  If the petition identifies a court proceeding with respect to the child under Subsection (a)(4), the petitioner shall submit a copy of any court order that designates a conservator or guardian of the child.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.004. Notice; Hearing

Sec. 35.004.  NOTICE; HEARING.  (a)  On receipt of the petition, the court shall set a hearing.
(b)  A copy of the petition and notice of the hearing shall be delivered to the parent, conservator, or guardian of the child by personal service or by certified mail, return receipt requested, at the last known address of the parent, conservator, or guardian.
(c)  Proof of service under Subsection (b) must be filed with the court at least three days before the date of the hearing.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.005. Order for Temporary Authorization

Sec. 35.005.  ORDER FOR TEMPORARY AUTHORIZATION.  (a)  At the hearing on the petition, the court may hear evidence relating to the child's need for care by the petitioner, any other matter raised in the petition, and any objection or other testimony of the child's parent, conservator, or guardian.
(b)  The court shall award temporary authorization for care of the child to the petitioner if the court finds it is necessary to the child's welfare and no objection is made by the child's parent, conservator, or guardian.  If an objection is made, the court shall dismiss the petition without prejudice.
(c)  The court shall grant the petition for temporary authorization only if the court finds by a preponderance of the evidence that the child does not have a parent, conservator, guardian, or other legal representative available to give the necessary consent.
(d)  The order granting temporary authorization under this chapter expires on the first anniversary of the date of issuance or at an earlier date determined by the court.  The order may authorize the petitioner to:
(1)  consent to medical, dental, psychological, and surgical treatment and immunization of the child;
(2)  execute any consent or authorization for the release of information as required by law relating to the treatment or immunization under Subdivision (1);
(3)  obtain and maintain any public benefit for the child;
(4)  enroll the child in a day-care program, preschool, or public or private primary or secondary school;
(5)  authorize the child to participate in age-appropriate extracurricular, civic, social, or recreational activities, including athletic activities; and
(6)  authorize or consent to any other care for the child essential to the child's welfare.
(e)  An order granting temporary authorization under this chapter must state:
(1)  the name and date of birth of the person with temporary authorization to care for the child;
(2)  the specific areas of authorization granted to the person;
(3)  that the order does not supersede any rights of a parent, conservator, or guardian as provided by court order; and
(4)  the expiration date of the temporary authorization order.
(f)  A copy of an order for temporary authorization must:
(1)  be filed under the cause number in any court that has rendered a conservatorship or guardian order regarding the child; and
(2)  be sent to the last known address of the child's parent, conservator, or guardian.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.006. Renewal or Termination of Temporary Authorization

Sec. 35.006.  RENEWAL OR TERMINATION OF TEMPORARY AUTHORIZATION.  (a)  A temporary authorization order may be renewed by court order for a period of not more than one year on a showing by the petitioner of a continuing need for the order.
(b)  At any time, the petitioner or the child's parent, conservator, or guardian may request the court to terminate the order.  The court shall terminate the order on finding that there is no longer a need for the order.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35 - Temporary Authorization for Care of Minor Child › Section 35.007. Effect of Temporary Authorization

Sec. 35.007.  EFFECT OF TEMPORARY AUTHORIZATION.  (a)  A person who relies in good faith on a temporary authorization order under this chapter is not subject to:
(1)  civil or criminal liability to any person; or
(2)  professional disciplinary action.
(b)  A temporary authorization order does not affect the rights of the child's parent, conservator, or guardian regarding the care, custody, and control of the child, and does not establish legal custody of the child.
(c)  A temporary authorization order does not confer or affect standing or a right of intervention in any proceeding under Title 5.
(d)  An order under this chapter is not a child custody determination and does not create a court of continuing, exclusive jurisdiction under Title 5.
Added by Acts 2017, 85th Leg., R.S., Ch. 334 (H.B. 1043), Sec. 1, eff. June 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35A - Temporary Authorization for Inpatient Mental Health Services for Minor Child › Section 35A.001. Applicability

Sec. 35A.001.  APPLICABILITY.  This chapter applies to a person whose relationship to a child would make the person eligible to consent to treatment under Section 32.001(a)(1), (2), or (3), and who has had actual care, custody, and control of the child for the six months preceding the filing of a petition under this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35A - Temporary Authorization for Inpatient Mental Health Services for Minor Child › Section 35A.002. Temporary Authorization

Sec. 35A.002.  TEMPORARY AUTHORIZATION.  A person described by Section 35A.001 may seek a court order for temporary authorization to consent to voluntary inpatient mental health services for a child by filing a petition in the district court in the county in which the person resides.
Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35A - Temporary Authorization for Inpatient Mental Health Services for Minor Child › Section 35A.003. Petition for Temporary Authorization

Sec. 35A.003.  PETITION FOR TEMPORARY AUTHORIZATION.  A petition for temporary authorization to consent to voluntary inpatient mental health services for a child must:
(1)  be styled "ex parte" and be in the name of the child;
(2)  be verified by the petitioner;
(3)  state:
(A)  the name, date of birth, and current physical address of the child;
(B)  the name, date of birth, and current physical address of the petitioner; and
(C)  the name and, if known, the current physical and mailing addresses of the child's parents, conservators, or guardians;
(4)  describe the status and location of any court proceeding in this or another state with respect to the child;
(5)  describe the petitioner's relationship to the child;
(6)  provide the dates during the preceding six months that the child has resided with the petitioner;
(7)  contain a certificate of medical examination for mental illness prepared by a physician who has examined the child not earlier than the third day before the date the petition is filed and be accompanied by a sworn statement containing the physician's opinion, and the detailed reasons for that opinion, that the child is a person:
(A)  with mental illness or who demonstrates symptoms of a serious emotional disorder; and
(B)  who presents a risk of serious harm to self or others if not immediately restrained or hospitalized; and
(8)  state any reason that the petitioner is unable to obtain signed, written documentation from a parent, conservator, or guardian of the child.
Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35A - Temporary Authorization for Inpatient Mental Health Services for Minor Child › Section 35A.004. Notice; Hearing

Sec. 35A.004.  NOTICE; HEARING.  (a)  On receipt of the petition, the court shall set a hearing.
(b)  A copy of the petition and notice of the hearing shall be delivered to the parent, conservator, or guardian of the child by personal service or by certified mail, return receipt requested, at the last known address of the parent, conservator, or guardian.
Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 35A - Temporary Authorization for Inpatient Mental Health Services for Minor Child › Section 35A.005. Order for Temporary Authorization

Sec. 35A.005.  ORDER FOR TEMPORARY AUTHORIZATION.  (a)  At the hearing on the petition, the court may hear evidence relating to the child's need for inpatient mental health services by the petitioner, any other matter raised in the petition, and any objection or other testimony of the child's parent, conservator, or guardian.
(b)  The court shall dismiss the petition for temporary authorization if an objection is made by the child's parent, conservator, or guardian.
(c)  The court shall grant the petition for temporary authorization only if the court finds:
(1)  by a preponderance of the evidence that the child does not have available a parent, conservator, guardian, or other legal representative to give consent under Section 572.001, Health and Safety Code, for voluntary inpatient mental health services; and
(2)  by clear and convincing evidence that the child is a person:
(A)  with mental illness or who demonstrates symptoms of a serious emotional disorder; and
(B)  who presents a risk of serious harm to self or others if not immediately restrained or hospitalized.
(d)  Subject to Subsection (e), the order granting temporary authorization under this chapter expires on the earliest of:
(1)  the date the petitioner requests that the child be discharged from the inpatient mental health facility;
(2)  the date a physician determines that the criteria listed in Subsection (c)(2) no longer apply to the child; or
(3)  subject to Subsection (e), the 10th day after the date the order for temporary authorization is issued under this section.
(e)  The order granting temporary authorization continues in effect until the earlier occurrence of an event described by Subsection (d)(1) or (2) if the petitioner obtains an order for temporary managing conservatorship before the order expires as provided by Subsection (d)(3).
(f)  A copy of an order granting temporary authorization must:
(1)  be filed under the cause number in any court that has rendered a conservatorship or guardian order regarding the child; and
(2)  be sent to the last known address of the child's parent, conservator, or guardian.
Added by Acts 2019, 86th Leg., R.S., Ch. 988 (S.B. 1238), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 41 - Liability of Parents for Conduct of Child › Section 41.001. Liability

Sec. 41.001.  LIABILITY.  A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:
(1)  the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty;  or
(2)  the wilful and malicious conduct of a child who is at least 10 years of age but under 18 years of age.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 2001, 77th Leg., ch. 587, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 41 - Liability of Parents for Conduct of Child › Section 41.002. Limit of Damages

Sec. 41.002.  LIMIT OF DAMAGES.  Recovery for damage caused by wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1997, 75th Leg., ch. 783, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 41 - Liability of Parents for Conduct of Child › Section 41.0025. Liability for Property Damage to an Inn or Hotel

Sec. 41.0025.  LIABILITY FOR PROPERTY DAMAGE TO AN INN OR HOTEL.  (a)  Notwithstanding Section 41.002, recovery of damages by an inn or hotel for wilful and malicious conduct is limited to actual damages, not to exceed $25,000 per occurrence, plus court costs and reasonable attorney's fees.
(b)  In this section "occurrence" means one incident on a single day in one hotel room.  The term does not include incidents in separate rooms or incidents that occur on different days.
Added by Acts 1997, 75th Leg., ch. 40, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 41 - Liability of Parents for Conduct of Child › Section 41.003. Venue

Sec. 41.003.  VENUE.  A suit as provided by this chapter may be filed in the county in which the conduct of the child occurred or in the county in which the defendant resides.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.001. Definitions

Sec. 42.001.  DEFINITIONS.  In this chapter:
(1)  "Order" means a temporary or final order of a court of this state or another state or nation.
(2)  "Possessory right" means a court-ordered right of possession of or access to a child, including conservatorship, custody, and visitation.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.002. Liability for Interference With Possessory Right

Sec. 42.002.  LIABILITY FOR INTERFERENCE WITH POSSESSORY RIGHT.  (a)  A person who takes or retains possession of a child or who conceals the whereabouts of a child in violation of a possessory right of another person may be liable for damages to that person.
(b)  A possessory right is violated by the taking, retention, or concealment of a child at a time when another person is entitled to possession of or access to the child.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.003. Aiding or Assisting Interference With Possessory Right

Sec. 42.003.  AIDING OR ASSISTING INTERFERENCE WITH POSSESSORY RIGHT.  (a)  A person who aids or assists in conduct for which a cause of action is authorized by this chapter is jointly and severally liable for damages.
(b)  A person who was not a party to the suit in which an order was rendered providing for a possessory right is not liable unless the person at the time of the violation:
(1)  had actual notice of the existence and contents of the order;  or
(2)  had reasonable cause to believe that the child was the subject of an order and that the person's actions were likely to violate the order.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.005. Venue

Sec. 42.005.  VENUE.  A suit may be filed in a county in which:
(1)  the plaintiff resides;
(2)  the defendant resides;
(3)  a suit affecting the parent-child relationship as provided by Chapter 102 may be brought, concerning the child who is the subject of the court order;  or
(4)  a court has continuing, exclusive jurisdiction as provided by Chapter 155.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.006. Damages

Sec. 42.006.  DAMAGES.  (a)  Damages may include:
(1)  the actual costs and expenses incurred, including attorney's fees, in:
(A)  locating a child who is the subject of the order;
(B)  recovering possession of the child if the petitioner is entitled to possession;  and
(C)  enforcing the order and prosecuting the suit;  and
(2)  mental suffering and anguish incurred by the plaintiff because of a violation of the order.
(b)  A person liable for damages who acted with malice or with an intent to cause harm to the plaintiff may be liable for exemplary damages.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.007. Affirmative Defense

Sec. 42.007.  AFFIRMATIVE DEFENSE.  The defendant may plead as an affirmative defense that the defendant acted in violation of the order with the express consent of the plaintiff.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1999, 76th Leg., ch. 437, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.008. Remedies Not Affected

Sec. 42.008.  REMEDIES NOT AFFECTED.  This chapter does not affect any other civil or criminal remedy available to any person, including the child, for interference with a possessory right, nor does it affect the power of a parent to represent the interest of a child in a suit filed on behalf of the child.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle B - Parental Liability › Chapter 42 - Civil Liability for Interference With Possessory Interest in Child › Section 42.009. Frivolous Suit

Sec. 42.009.  FRIVOLOUS SUIT.  A person sued for damages as provided by this chapter is entitled to recover attorney's fees and court costs if:
(1)  the claim for damages is dismissed or judgment is awarded to the defendant;  and
(2)  the court or jury finds that the claim for damages is frivolous, unreasonable, or without foundation.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.001. Who May File; Venue

Sec. 45.001.  WHO MAY FILE;  VENUE.  A parent, managing conservator, or guardian of a child may file a petition requesting a change of name of the child in the county where the child resides.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.002. Requirements of Petition

Sec. 45.002.  REQUIREMENTS OF PETITION.  (a)  A petition to change the name of a child must be verified and include:
(1)  the present name and place of residence of the child;
(2)  the reason a change of name is requested;
(3)  the full name requested for the child;
(4)  whether the child is subject to the continuing exclusive jurisdiction of a court under Chapter 155;  and
(5)  whether the child is subject to the registration requirements of Chapter 62, Code of Criminal Procedure.
(b)  If the child is 10 years of age or older, the child's written consent to the change of name must be attached to the petition.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1999, 76th Leg., ch. 1390, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1300, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.003. Citation

Sec. 45.003.  CITATION.  (a)  The following persons are entitled to citation in a suit under this subchapter:
(1)  a parent of the child whose parental rights have not been terminated;
(2)  any managing conservator of the child;  and
(3)  any guardian of the child.
(b)  Citation must be issued and served in the same manner as under Chapter 102.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.0031. Waiver of Citation

Sec. 45.0031.  WAIVER OF CITATION.  (a)  A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.
(b)  The party executing the waiver may not sign the waiver using a digitized signature.
(c)  The waiver must contain the mailing address of the party executing the waiver.
(d)  Notwithstanding Section 132.001, Civil Practice and Remedies Code, the waiver must be sworn before a notary public who is not an attorney in the suit.  This subsection does not apply if the party executing the waiver is incarcerated.
(e)  The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
(f)  For purposes of this section, "digitized signature" has the meaning assigned by Section 101.0096.
Added by Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.004. Order

Sec. 45.004.  ORDER.  (a)  The court may order the name of a child changed if:
(1)  the change is in the best interest of the child;  and
(2)  for a child subject to the registration requirements of Chapter 62, Code of Criminal Procedure:
(A)  the change is in the interest of the public;  and
(B)  the person petitioning on behalf of the child provides the court with proof that the child has notified the appropriate local law enforcement authority of the proposed name change.
(b)  If the child is subject to the continuing jurisdiction of a court under Chapter 155, the court shall send a copy of the order to the central record file as provided in Chapter 108.
(c)  In this section, "local law enforcement authority" has the meaning assigned by Article 62.001, Code of Criminal Procedure.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 2003, 78th Leg., ch. 1300, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.05, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter A. Change of Name of Child › Section 45.005. Liabilities and Rights Unaffected

Sec. 45.005.  LIABILITIES AND RIGHTS UNAFFECTED.  A change of name does not:
(1)  release a child from any liability incurred in the child's previous name;  or
(2)  defeat any right the child had in the child's previous name.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.101. Who May File; Venue

Sec. 45.101.  WHO MAY FILE;  VENUE.  An adult may file a petition requesting a change of name in the county of the adult's place of residence.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.102. Requirements of Petition

Sec. 45.102.  REQUIREMENTS OF PETITION.  (a)  A petition to change the name of an adult must be verified and include:
(1)  the present name and place of residence of the petitioner;
(2)  the full name requested for the petitioner;
(3)  the reason the change in name is requested;
(4)  whether the petitioner has been the subject of a final felony conviction;
(5)  whether the petitioner is subject to the registration requirements of Chapter 62, Code of Criminal Procedure; and
(6)  a legible and complete set of the petitioner's fingerprints on a fingerprint card format acceptable to the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The petition must include each of the following or a reasonable explanation why the required information is not included:
(1)  the petitioner's:
(A)  full name;
(B)  sex;
(C)  race;
(D)  date of birth;
(E)  driver's license number for any driver's license issued in the 10 years preceding the date of the petition;
(F)  social security number;  and
(G)  assigned FBI number, state identification number, if known, or any other reference number in a criminal history record system that identifies the petitioner;
(2)  any offense above the grade of Class C misdemeanor for which the petitioner has been charged;  and
(3)  the case number and the court if a warrant was issued or a charging instrument was filed or presented for an offense listed in Subsection (b)(2).
(c)  A petitioner is not required to provide the street address of the petitioner's place of residence or the petitioner's reason for the requested change of name as otherwise required by Subsection (a) if the petitioner provides a copy of an authorization card certifying in accordance with Article 58.059, Code of Criminal Procedure, that the petitioner is a participant in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 2003, 78th Leg., ch. 1003, Sec. 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1300, Sec. 7, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 6.001, eff. September 1, 2005.
Acts 2021, 87th Leg., R.S., Ch. 339 (H.B. 2301), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.104. Liabilities and Rights Unaffected

Sec. 45.104.  LIABILITIES AND RIGHTS UNAFFECTED.  A change of name under this subchapter does not release a person from liability incurred in that person's previous name or defeat any right the person had in the person's previous name.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.105. Change of Name in Divorce Suit

Sec. 45.105.  CHANGE OF NAME IN DIVORCE SUIT.  (a)  On the final disposition of a suit for divorce, for annulment, or to declare a marriage void, the court shall enter a decree changing the name of a party specially praying for the change to a prior used name unless the court states in the decree a reason for denying the change of name.  The court may not deny a change of name solely to keep last names of family members the same.
(b)  A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.10(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.106. Change of Name Certificate

Sec. 45.106.  CHANGE OF NAME CERTIFICATE.  (a)  A person whose name is changed under Section 6.706 or 45.105 may apply to the clerk of the court ordering the name change for a change of name certificate.
(b)  A certificate under this section is a one-page document that includes:
(1)  the name of the person before the change of name was ordered;
(2)  the name to which the person's name was changed by the court;
(3)  the date on which the name change was made;
(4)  the person's social security number and driver's license number, if any;
(5)  the name of the court in which the name change was ordered;  and
(6)  the signature of the clerk of the court that issued the certificate.
(c)  An applicant for a certificate under this section shall pay a $10 fee to the clerk of the court for issuance of the certificate.
(d)  A certificate under this section constitutes proof of the change of name of the person named in the certificate.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 7.10(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.06, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle C - Change of Name › Chapter 45 - Change of Name › Subchapter B. Change of Name of Adult › Section 45.107. Waiver of Citation

Sec. 45.107.  WAIVER OF CITATION.  (a)  A party to a suit under this subchapter may waive the issuance or service of citation after the suit is filed by filing with the clerk of the court in which the suit is filed the waiver of the party acknowledging receipt of a copy of the filed petition.
(b)  The party executing the waiver may not sign the waiver using a digitized signature.
(c)  The waiver must contain the mailing address of the party executing the waiver.
(d)  The waiver must be sworn before a notary public who is not an attorney in the suit or conform to the requirements for an unsworn declaration under Section 132.001, Civil Practice and Remedies Code.  This subsection does not apply if the party executing the waiver is incarcerated.
(e)  The Texas Rules of Civil Procedure do not apply to a waiver executed under this section.
(f)  For purposes of this section, "digitized signature" has the meaning assigned by Section 101.0096.
Added by Acts 2015, 84th Leg., R.S., Ch. 198 (S.B. 814), Sec. 4, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 11.02, eff. September 1, 2019.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle E - General Provisions › Chapter 47 - General Provisions › Section 47.001. Applicability of Definitions

Sec. 47.001.  APPLICABILITY OF DEFINITIONS.  (a)  Except as provided by Subsection (b), the definitions in Chapter 101 apply to terms used in this title.
(b)  If a term defined in this title has a meaning different from the meaning provided by Chapter 101, the meaning provided by this title prevails.
Added by Acts 2015, 84th Leg., R.S., Ch. 612 (S.B. 822), Sec. 1, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.001, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle E - General Provisions › Chapter 47 - General Provisions › Section 47.002. Applicability of Laws Relating to Attorneys Ad Litem, Guardians Ad Litem, and Amicus Attorneys

Sec. 47.002.  APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS.  Chapter 107 applies to the appointment of an attorney ad litem, guardian ad litem, or amicus attorney under this title.
Added by Acts 2015, 84th Leg., R.S., Ch. 612 (S.B. 822), Sec. 1, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.001, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle E - General Provisions › Chapter 47 - General Provisions › Section 47.003. Use of Digitized Signature

Sec. 47.003.  USE OF DIGITIZED SIGNATURE.  (a)  A digitized signature on an original petition or application under this title or any other pleading or order in a proceeding under this title 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.
Added by Acts 2015, 84th Leg., R.S., Ch. 1165 (S.B. 813), Sec. 2, eff. September 1, 2015.
Reenacted and amended by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.001, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.01. Purpose and Interpretation

Sec. 51.01.  PURPOSE AND INTERPRETATION.  This title shall be construed to effectuate the following public purposes:
(1)  to provide for the protection of the public and public safety;
(2)  consistent with the protection of the public and public safety:
(A)  to promote the concept of punishment for criminal acts;
(B)  to remove, where appropriate, the taint of criminality from children committing certain unlawful acts;  and
(C)  to provide treatment, training, and rehabilitation that emphasizes the accountability and responsibility of both the parent and the child for the child's conduct;
(3)  to provide for the care, the protection, and the wholesome moral, mental, and physical development of children coming within its provisions;
(4)  to protect the welfare of the community and to control the commission of unlawful acts by children;
(5)  to achieve the foregoing purposes in a family environment whenever possible, separating the child from the child's parents only when necessary for the child's welfare or in the interest of public safety and when a child is removed from the child's family, to give the child the care that should be provided by parents;  and
(6)  to provide a simple judicial procedure through which the provisions of this title are executed and enforced and in which the parties are assured a fair hearing and their constitutional and other legal rights recognized and enforced.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973.  Amended by Acts 1995, 74th Leg., ch. 262, Sec. 2, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.031. Habitual Felony Conduct

Sec. 51.031.  HABITUAL FELONY CONDUCT.  (a)  Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:
(1)  the child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony;
(2)  the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final;  and
(3)  all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.
(b)  For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Juvenile Justice Department.
(c)  An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 5, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 39, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.041. Jurisdiction After Appeal

Sec. 51.041.  JURISDICTION AFTER APPEAL.  (a)  The court retains jurisdiction over a person, without regard to the age of the person, for conduct engaged in by the person before becoming 17 years of age if, as a result of an appeal by the person or the state under Chapter 56 of an order of the court, the order is reversed or modified and the case remanded to the court by the appellate court.
(b)  If the respondent is at least 18 years of age when the order of remand from the appellate court is received by the juvenile court, the juvenile court shall proceed as provided by Sections 54.02(o)-(r) for the detention of a person at least 18 years of age in discretionary transfer proceedings.  Pending retrial of the adjudication or transfer proceeding, the juvenile court may:
(1)  order the respondent released from custody;
(2)  order the respondent detained in a juvenile detention facility;  or
(3)  set bond and order the respondent detained in a county adult facility if bond is not made.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 6, eff. Jan. 1, 1996.  Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 283, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 74 (S.B. 888), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.0411. Jurisdiction for Transfer or Release Hearing

Sec. 51.0411.  JURISDICTION FOR TRANSFER OR RELEASE HEARING.  The court retains jurisdiction over a person, without regard to the age of the person, who is referred to the court under Section 54.11 for transfer to the Texas Department of Criminal Justice or release under supervision.
Added by Acts 1997, 75th Leg., ch. 1086, Sec. 3, eff. June 19, 1997.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.0412. Jurisdiction Over Incomplete Proceedings

Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.  The court retains jurisdiction over a person, without regard to the age of the person, who is a respondent in an adjudication proceeding, a disposition proceeding, a proceeding to modify disposition, a proceeding for waiver of jurisdiction and transfer to criminal court under Section 54.02(a), or a motion for transfer of determinate sentence probation to an appropriate district court if:
(1)  the petition or motion was filed while the respondent was younger than 18 or 19 years of age, as applicable;
(2)  the proceeding is not complete before the respondent becomes 18 or 19 years of age, as applicable; and
(3)  the court enters a finding in the proceeding that the prosecuting attorney exercised due diligence in an attempt to complete the proceeding before the respondent became 18 or 19 years of age, as applicable.
Added by Acts 2001, 77th Leg., ch. 1297, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 438 (S.B. 1208), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 51 - General Provisions › Section 51.0413. Jurisdiction Over and Transfer of Combination of Proceedings

Sec. 51.0413.  JURISDICTION OVER AND TRANSFER OF COMBINATION OF PROCEEDINGS.  (a)  A juvenile court designated under Section 51.04(b) or, if that court does not have jurisdiction over proceedings under Subtitle E, Title 5, the juvenile court designated under Section 51.04(i) may simultaneously exercise jurisdiction over proceedings under this title and proceedings under Subtitle E, Title 5, if there is probable cause to believe that the child who is the subject of those proceedings engaged in delinquent conduct or conduct indicating a need for supervision and cause to believe that the child may be the victim of conduct that constitutes an offense under Section 20A.02, Penal Code.
(b)  If a proceeding is instituted under this title in a juvenile court designated under Section 51.04(b) that does not have jurisdiction over proceedings under Subtitle E, Title 5, the court shall assess the case and may transfer the proceedings to a court designated as a juvenile court or alternative juvenile court under Section 51.04(i) if the receiving court agrees and if, in the course of the proceedings, evidence is presented that constitutes cause to believe that the child who is the subject of those proceedings is a child described by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 186 (S.B. 92), Sec. 2, eff. September 1, 2013.