reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.903. Caregiver Evaluation

Sec. 264.903.  CAREGIVER EVALUATION.  (a)  The department shall develop policies and procedures for evaluating a potential caregiver's qualifications to care for a child under this subchapter, including policies and procedures for evaluating:
(1)  the criminal history of a caregiver;
(2)  allegations of abuse or neglect against a caregiver; and
(3)  a caregiver's home environment and ability to care for the child.
(a-1)  The department shall expedite the evaluation of a potential caregiver under this section to ensure that the child is placed with a caregiver who has the ability to protect the child from the alleged perpetrator of abuse or neglect against the child.
(b)  A department caseworker who performs an evaluation of a caregiver under this section shall document the results of the evaluation in the department's case records.
(c)  If, after performing an evaluation of a potential caregiver, the department determines that it is not in the child's best interest to be placed with the caregiver, the department shall notify the person who proposed the caregiver and the proposed caregiver of the reasons for the department's decision, but may not disclose the specifics of any criminal history or allegations of abuse or neglect unless the caregiver agrees to the disclosure.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 822 (H.B. 1549), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.904. Department Procedures for Closing Case

Sec. 264.904.  DEPARTMENT PROCEDURES FOR CLOSING CASE.  (a)  Before closing a case in which the department has approved a parental child safety placement, the department must develop a plan with the person who made the placement and the caregiver for the safe return of the child to the person who placed the child with the caregiver or to another person legally entitled to possession of the child, as appropriate.
(b)  The department may close a case with a child still living with the caregiver in a parental child safety placement if the department has determined that the child could safely return to the parent or person who made the parental child safety placement but the parent or other person agrees in writing for the child to continue to reside with the caregiver.
(c)  If the department determines that the child is unable to safely return to the parent or person who made the parental child safety placement, the department shall determine whether the child can remain safely in the home of the caregiver or whether the department must seek legal conservatorship of the child in order to ensure the child's safety.
(d)  Before the department may close a case with a child still living in a parental child safety placement, the department must:
(1)  determine and document in the case file that the child can safely remain in the placement without the department's supervision;
(2)  obtain the written agreement of the parent or person who made the parental child safety placement, if possible;
(3)  obtain the caregiver's agreement in writing that the child can continue living in the placement after the department closes the case; and
(4)  develop a written plan for the child's care after the department closes the case.
(e)  The department is not required to comply with Subsection (d) if the department has filed suit seeking to be named conservator of the child under Chapter 262 and been denied conservatorship of the child.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.905. Removal of Child by Department

Sec. 264.905.  REMOVAL OF CHILD BY DEPARTMENT.  This subchapter does not prevent the department from removing a child at any time from a person who makes a parental child safety placement or from a caregiver if removal is determined to be necessary by the department for the safety and welfare of the child as provided by Chapter 262.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.906. Placement Preference During Conservatorship

Sec. 264.906.  PLACEMENT PREFERENCE DURING CONSERVATORSHIP.  If, while a parental child safety placement agreement is in effect, the department files suit under Chapter 262 seeking to be named managing conservator of the child, the department shall give priority to placing the child with the parental child safety placement caregiver as long as the placement is safe and available.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.907. Inclusions in Reports of Parental Child Safety Placements

Sec. 264.907.  INCLUSIONS IN REPORTS OF PARENTAL CHILD SAFETY PLACEMENTS.  The department shall, where appropriate:
(1)  include children who are placed with a caregiver under a parental child safety placement agreement in any report, including reports submitted to the United States Department of Health and Human Services or another federal agency, in which the department is required to report the number of children in the child protective services system who are removed from the children's homes; and
(2)  report the information described by Subdivision (1) separately from information regarding the number of children removed under a suit filed under Section 262.101 or 262.105.
Added by Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 10, eff. September 1, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.001. Definitions

Sec. 266.001.  DEFINITIONS.  In this chapter:
(1)  "Advanced practice nurse" has the meaning assigned by Section 157.051, Occupations Code.
(1-a) "Commission" means the Health and Human Services Commission.
(1-b)  "Commissioner" means the commissioner of the Department of Family and Protective Services.
(2)  "Department" means the Department of Family and Protective Services.
(2-a)  "Drug research program" means any clinical trial, clinical investigation, drug study, or active medical or clinical research that has been approved by an institutional review board in accordance with the standards provided in the Code of Federal Regulations, 45 C.F.R. Sections 46.404 through 46.407, regarding:
(A)  an investigational new drug; or
(B)  the efficacy of an approved drug.
(3)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(40), eff. September 1, 2015.
(4-a)  "Investigational new drug" has the meaning assigned by 21 C.F.R. Section 312.3(b).
(5)  "Medical care" means all health care and related services provided under the medical assistance program under Chapter 32, Human Resources Code, and described by Section 32.003(4), Human Resources Code.
(6)  "Physician assistant" has the meaning assigned by Section 157.051, Occupations Code.
(7)  "Psychotropic medication" means a medication that is prescribed for the treatment of symptoms of psychosis or another mental, emotional, or behavioral disorder and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or affective state. The term includes the following categories when used as described by this subdivision:
(A)  psychomotor stimulants;
(B)  antidepressants;
(C)  antipsychotics or neuroleptics;
(D)  agents for control of mania or depression;
(E)  antianxiety agents; and
(F)  sedatives, hypnotics, or other sleep-promoting medications.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 506 (S.B. 450), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 7, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(40), eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.002. Construction With Other Law

Sec. 266.002.  CONSTRUCTION WITH OTHER LAW.  This chapter does not limit the right to consent to medical, dental, psychological, and surgical treatment under Chapter 32.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.003. Medical Services for Child Abuse and Neglect Victims

Sec. 266.003.  MEDICAL SERVICES FOR CHILD ABUSE AND NEGLECT VICTIMS.  (a)  The department shall collaborate with the commission and health care and child welfare professionals to design a comprehensive, cost-effective medical services delivery model, either directly or by contract, to meet the needs of children served by the department.  The medical services delivery model must include:
(1)  the designation of health care facilities with expertise in the forensic assessment, diagnosis, and treatment of child abuse and neglect as pediatric centers of excellence;
(2)  a statewide telemedicine system to link department investigators and caseworkers with pediatric centers of excellence or other medical experts for consultation;
(3)  identification of a medical home for each foster child on entering foster care at which the child will receive an initial comprehensive assessment as well as preventive treatments, acute medical services, and therapeutic and rehabilitative care to meet the child's ongoing physical and mental health needs throughout the duration of the child's stay in foster care;
(4)  the development and implementation of health passports as described in Section 266.006;
(5)  establishment and use of a management information system that allows monitoring of medical care that is provided to all children in foster care;
(6)  the use of medical advisory committees and medical review teams, as appropriate, to establish treatment guidelines and criteria by which individual cases of medical care provided to children in foster care will be identified for further, in-depth review;
(7)  development of the training program described by Section 266.004(h);
(8)  provision for the summary of medical care described by Section 266.007; and
(9)  provision for the participation of the person authorized to consent to medical care for a child in foster care in each appointment of the child with the provider of medical care.
(b)  The department shall collaborate with health and human services agencies, community partners, the health care community, and federal health and social services programs to maximize services and benefits available under this section.
(c)  The commissioner shall adopt rules necessary to implement this chapter.
(d)  The commission is responsible for administering contracts with managed care providers for the provision of medical care to children in foster care.  The department shall collaborate with the commission to ensure that medical care services provided by managed care providers match the needs of children in foster care.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.0042. Consent for Psychotropic Medication

Sec. 266.0042.  CONSENT FOR PSYCHOTROPIC MEDICATION.  Consent to the administration of a psychotropic medication is valid only if:
(1)  the consent is given voluntarily and without undue influence; and
(2)  the person authorized by law to consent for the foster child receives verbally or in writing information that describes:
(A)  the specific condition to be treated;
(B)  the beneficial effects on that condition expected from the medication;
(C)  the probable health and mental health consequences of not consenting to the medication;
(D)  the probable clinically significant side effects and risks associated with the medication; and
(E)  the generally accepted alternative medications and non-pharmacological interventions to the medication, if any, and the reasons for the proposed course of treatment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.005. Finding on Health Care Consultation

Sec. 266.005.  FINDING ON HEALTH CARE CONSULTATION.  If a court finds that a health care professional has been consulted regarding a health care service, procedure, or treatment for a child in the conservatorship of the department and the court declines to follow the recommendation of the health care professional, the court shall make findings in the record supporting the court's order.
Added by Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 38, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.006. Health Passport

Sec. 266.006.  HEALTH PASSPORT.  (a)  The commission, in conjunction with the department, and with the assistance of physicians and other health care providers experienced in the care of foster children and children with disabilities and with the use of electronic health records, shall develop and provide a health passport for each foster child.  The passport must be maintained in an electronic format and use the department's existing computer resources to the greatest extent possible.
(b)  The executive commissioner, in collaboration with the commissioner, shall adopt rules specifying the information required to be included in the passport.  The required information may include:
(1)  the name and address of each of the child's physicians and health care providers;
(2)  a record of each visit to a physician or other health care provider, including routine checkups conducted in accordance with the Texas Health Steps program;
(3)  an immunization record that may be exchanged with ImmTrac;
(4)  a list of the child's known health problems and allergies;
(5)  information on all medications prescribed to the child in adequate detail to permit refill of prescriptions, including the disease or condition that the medication treats; and
(6)  any other available health history that physicians and other health care providers who provide care for the child determine is important.
(c)  The system used to access the health passport must be secure and maintain the confidentiality of the child's health records.
(d)  Health passport information shall be part of the department's record for the child as long as the child remains in foster care.
(e)  The commission, in collaboration with the department, shall provide training or instructional materials to foster parents, physicians, and other health care providers regarding use of the health passport.
(f)  The department shall make health passport information available in printed and electronic formats to the following individuals when a child is discharged from foster care:
(1)  the child's legal guardian, managing conservator, or parent; or
(2)  the child, if the child is at least 18 years of age or has had the disabilities of minority removed.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.007. Judicial Review of Medical Care

Sec. 266.007.  JUDICIAL REVIEW OF MEDICAL CARE.  (a)  At each hearing under Chapter 263, or more frequently if ordered by the court, the court shall review a summary of the medical care provided to the foster child since the last hearing.  The summary must include information regarding:
(1)  the nature of any emergency medical care provided to the child and the circumstances necessitating emergency medical care, including any injury or acute illness suffered by the child;
(2)  all medical and mental health treatment that the child is receiving and the child's progress with the treatment;
(3)  any medication prescribed for the child, the condition, diagnosis, and symptoms for which the medication was prescribed, and the child's progress with the medication;
(4)  for a child receiving a psychotropic medication:
(A)  any psychosocial therapies, behavior strategies, or other non-pharmacological interventions that have been provided to the child; and
(B)  the dates since the previous hearing of any office visits the child had with the prescribing physician, physician assistant, or advanced practice nurse as required by Section 266.011;
(5)  the degree to which the child or foster care provider has complied or failed to comply with any plan of medical treatment for the child;
(6)  any adverse reaction to or side effects of any medical treatment provided to the child;
(7)  any specific medical condition of the child that has been diagnosed or for which tests are being conducted to make a diagnosis;
(8)  any activity that the child should avoid or should engage in that might affect the effectiveness of the treatment, including physical activities, other medications, and diet; and
(9)  other information required by department rule or by the court.
(b)  At or before each hearing under Chapter 263, the department shall provide the summary of medical care described by Subsection (a) to:
(1)  the court;
(2)  the person authorized to consent to medical treatment for the child;
(3)  the guardian ad litem or attorney ad litem, if one has been appointed by the court;
(4)  the child's parent, if the parent's rights have not been terminated; and
(5)  any other person determined by the department or the court to be necessary or appropriate for review of the provision of medical care to foster children.
(c)  At each hearing under Chapter 263, the foster child shall be provided the opportunity to express to the court the child's views on the medical care being provided to the child.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.008. Education Passport

Sec. 266.008.  EDUCATION PASSPORT.  (a)  The department shall develop an education passport for each foster child.  The department shall determine the format of the passport.  The passport may be maintained in an electronic format.  The passport must contain educational records of the child, including the names and addresses of educational providers, the child's grade-level performance, and any other educational information the department determines is important.
(b)  The department shall maintain the passport as part of the department's records for the child as long as the child remains in foster care.
(c)  The department shall make the passport available to:
(1)  any person authorized by law to make educational decisions for the foster child;
(2)  the person authorized to consent to medical care for the foster child; and
(3)  a provider of medical care to the foster child if access to the foster child's educational information is necessary to the provision of medical care and is not prohibited by law.
(d)  The department shall collaborate with the Texas Education Agency to develop policies and procedures to ensure that the needs of foster children are met in every school district.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 688 (H.B. 2619), Sec. 8, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 20, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.009. Provision of Medical Care in Emergency

Sec. 266.009.  PROVISION OF MEDICAL CARE IN EMERGENCY.  (a)  Consent or court authorization for the medical care of a foster child otherwise required by this chapter is not required in an emergency during which it is immediately necessary to provide medical care to the foster child to prevent the imminent probability of death or substantial bodily harm to the child or others, including circumstances in which:
(1)  the child is overtly or continually threatening or attempting to commit suicide or cause serious bodily harm to the child or others; or
(2)  the child is exhibiting the sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the child's health in serious jeopardy, serious impairment of bodily functions, or serious dysfunction of any bodily organ or part.
(b)  The physician providing the medical care or designee shall notify the person authorized to consent to medical care for a foster child about the decision to provide medical care without consent or court authorization in an emergency not later than the second business day after the date of the provision of medical care under this section.  This notification must be documented in the foster child's health passport.
(c)  This section does not apply to the administration of medication under Subchapter G, Chapter 574, Health and Safety Code, to a foster child who is at least 16 years of age and who is placed in an inpatient mental health facility.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.65(a), eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.011. Monitoring Use of Psychotropic Drug

Sec. 266.011.  MONITORING USE OF PSYCHOTROPIC DRUG.  The person authorized to consent to medical treatment for a foster child prescribed a psychotropic medication shall ensure that the child has been seen by the prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days to allow the physician, physician assistant, or advanced practice nurse to:
(1)  appropriately monitor the side effects of the medication; and
(2)  determine whether:
(A)  the medication is helping the child achieve the treatment goals; and
(B)  continued use of the medication is appropriate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 204 (H.B. 915), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.012. Comprehensive Assessments

Sec. 266.012.  COMPREHENSIVE ASSESSMENTS.  (a)  Not later than the 45th day after the date a child enters the conservatorship of the department, the child shall receive a developmentally appropriate comprehensive assessment.  The assessment must include:
(1)  a screening for trauma; and
(2)  interviews with individuals who have knowledge of the child's needs.
(b)  The department shall develop guidelines regarding the contents of an assessment report.
(c)  A single source continuum contractor under Subchapter B-1, Chapter 264, providing therapeutic foster care services to a child shall ensure that the child receives a comprehensive assessment under this section at least once every 90 days.
Added by Acts 2015, 84th Leg., R.S., Ch. 11 (S.B. 125), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 22, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 266 - Medical Care and Educational Services for Children in Conservatorship of Department of Family and Protective Services › Section 266.013. Continuity of Services Provided by Commission

Sec. 266.013.  CONTINUITY OF SERVICES PROVIDED BY COMMISSION.  (a)  In addition to the requirements of Section 266.003(d), the commission shall continue to provide any services to children in the conservatorship of the department that the commission provided to those children before September 1, 2017.
(b)  Subsection (a) does not apply to any services provided by the commission in relation to a child's education passport created under Section 266.008.
Added by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 21, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter A. General Provisions › Section 301.001. Applicability of Chapter

Sec. 301.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a civil action brought under this code.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter A. General Provisions › Section 301.002. Conflict With Texas Rules of Civil Procedure

Sec. 301.002.  CONFLICT WITH TEXAS RULES OF CIVIL PROCEDURE.  Notwithstanding Section 22.004, Government Code, this chapter may not be modified or repealed by a rule adopted by the supreme court.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter A. General Provisions › Section 301.003. Draft Expert Reports and Disclosures Protected

Sec. 301.003.  DRAFT EXPERT REPORTS AND DISCLOSURES PROTECTED.  A draft expert report or draft disclosure required under this chapter is protected from discovery, regardless of the form in which the draft is recorded.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter B. Request for Disclosure › Section 301.051. Request

Sec. 301.051.  REQUEST.  Not later than the 30th day before the last day of any applicable discovery period, a party may obtain disclosure from another party of the information or material described by Section 301.052 by serving the other party the following request:
"Under Subchapter B, Chapter 301, Family Code, you are requested to disclose, not later than the 30th day after the date of service of this request, the information or material described by Section (state applicable provision of Section 301.052)."
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter B. Request for Disclosure › Section 301.052. Content

Sec. 301.052.  CONTENT.  (a)  A party may request disclosure under Section 301.051 of any or all of the following:
(1)  the correct names of the parties to the action;
(2)  the name, address, and telephone number of any potential parties;
(3)  the legal theories and, in general, the factual bases of the responding party's claims or defenses;
(4)  the amount and any method of calculating economic damages;
(5)  the name, address, and telephone number of any person having knowledge of relevant facts and a brief statement of each identified person's connection with the action;
(6)  for any testifying expert:
(A)  the expert's name, address, and telephone number;
(B)  the subject matter on which the expert will testify;
(C)  the general substance of the expert's mental impressions and opinions and a brief summary of the basis for those impressions and opinions, or if the expert is not retained by, employed by, or otherwise subject to the control of the responding party, documents reflecting that information; and
(D)  if the expert is retained by, employed by, or otherwise subject to the control of the responding party:
(i)  all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and
(ii)  the expert's current resume and biography;
(7)  any discoverable settlement agreement described by Rule 192.3(g), Texas Rules of Civil Procedure;
(8)  any discoverable witness settlement described by Rule 192.3(h), Texas Rules of Civil Procedure;
(9)  in an action alleging physical or mental injury and damages from the occurrence that is the subject of the action:
(A)  all medical records and bills that are reasonably related to the injuries or damages asserted; or
(B)  an authorization permitting the disclosure of the information described by Paragraph (A);
(10)  in an action alleging physical or mental injury and damages from the occurrence that is the subject of the action, all medical records and bills obtained by the responding party through an authorization provided by the requesting party; and
(11)  the name, address, and telephone number of any person who may be designated as a responsible third party.
(b)  For purposes of Subsection (a)(3), the responding party is not required to compile all evidence that may be offered at trial.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter B. Request for Disclosure › Section 301.053. Response

Sec. 301.053.  RESPONSE.  The responding party must serve a written response on the requesting party not later than the 30th day after the date the requesting party serves a request under Section 301.051, except that:
(1)  a defendant served with a request before the defendant's answer is due is not required to respond until the 50th day after the date the request is served; and
(2)  a response to a request under Section 301.052(a)(6) is governed by Subchapter C.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter B. Request for Disclosure › Section 301.054. Production of Documents and Tangible Items

Sec. 301.054.  PRODUCTION OF DOCUMENTS AND TANGIBLE ITEMS.  The responding party shall provide copies of documents and other tangible items with the response to a request served under Section 301.051 unless:
(1)  the responsive documents are voluminous;
(2)  the responding party states a reasonable time and place for the production of the documents;
(3)  the responding party produces the documents at the time and place stated under Subdivision (2) unless otherwise agreed by the parties or ordered by the court; and
(4)  the responding party provides the requesting party a reasonable opportunity to inspect the documents.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter B. Request for Disclosure › Section 301.055. Work Product Objection Prohibited

Sec. 301.055.  WORK PRODUCT OBJECTION PROHIBITED.  A party may not assert a work product privilege for or object on the basis of a work product privilege to a request served under Section 301.051.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
Sec. 301.056.  CERTAIN RESPONSES NOT ADMISSIBLE.  A response to a request under Section 301.052(a)(3) or (4) that has been changed by an amended or supplemental response is not admissible and may not be used for impeachment.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.101. Permissible Discovery Methods

Sec. 301.101.  PERMISSIBLE DISCOVERY METHODS.  A party may request another party to designate and disclose information concerning testifying expert witnesses only through:
(1)  a disclosure request served under Section 301.051; or
(2)  a deposition or report permitted by this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.102. Deadline for Response

Sec. 301.102.  DEADLINE FOR RESPONSE.  Unless otherwise ordered by the court, a responding party shall provide the information requested under Section 301.052(a)(6) not later than the later of:
(1)  the 30th day after the date the request is served; or
(2)  either, as applicable:
(A)  with respect to an expert testifying for a party seeking affirmative relief, the 90th day before the end of the discovery period; or
(B)  with respect to an expert not described by Paragraph (A), the 60th day before the end of the discovery period.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.103. Deposition Availability

Sec. 301.103.  DEPOSITION AVAILABILITY.  (a)  A party seeking affirmative relief shall make an expert retained by, employed by, or otherwise under the control of the party available for a deposition in accordance with this section.
(b)  If a party seeking affirmative relief does not provide a report of the party's expert's factual observations, tests, supporting data, calculations, photographs, and opinions when the party designates the expert, the party shall make the expert available for a deposition reasonably promptly after the designation.  If the deposition cannot be reasonably concluded more than 15 days before the deadline for designating other experts due to the actions of the party who designated the expert, the court shall extend the deadline for other experts testifying on the same subject.
(c)  If a party seeking affirmative relief provides a report of the party's expert's factual observations, tests, supporting data, calculations, photographs, and opinions when the party designates the expert, the party is not required to make the expert available for a deposition until reasonably promptly after all other experts have been designated.
(d)  A party not seeking affirmative relief shall make an expert retained by, employed by, or otherwise under the control of the party available for a deposition reasonably promptly after the party designates the expert and the experts testifying on the same subject for the party seeking affirmative relief have been deposed.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.104. Content of Oral Depositions and Court-Ordered Reports

Sec. 301.104.  CONTENT OF ORAL DEPOSITIONS AND COURT-ORDERED REPORTS.  In addition to a disclosure request served under Section 301.051, a party may obtain discovery by oral deposition and a report prepared in accordance with Section 301.105 of:
(1)  the subject matter on which a testifying expert is expected to testify;
(2)  the expert's mental impressions and opinions;
(3)  the facts known to the expert, regardless of when the factual information is acquired, that relate to or form the basis of the expert's mental impressions and opinions; and
(4)  other discoverable items, including documents not produced in response to a disclosure request.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.105. Court-Ordered Reports

Sec. 301.105.  COURT-ORDERED REPORTS.  If the discoverable factual observations, tests, supporting data, calculations, photographs, or opinions of an expert are not recorded and reduced to tangible form, the court may order that information be reduced to tangible form and produced in addition to the deposition.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.106. Amendment and Supplementation of Discovery

Sec. 301.106.  AMENDMENT AND SUPPLEMENTATION OF DISCOVERY.  A party's duty to amend and supplement written discovery regarding a testifying expert is governed by Rule 193.5, Texas Rules of Civil Procedure.  If a party retains, employs, or otherwise controls an expert witness, the party must amend or supplement the expert's deposition testimony or written report only with regard to the expert's mental impressions or opinions and the basis for those impressions or opinions.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.107. Cost of Expert Witnesses

Sec. 301.107.  COST OF EXPERT WITNESSES.  When a party takes the oral deposition of an expert witness retained by an opposing party, the party retaining the expert shall pay all reasonable fees charged by the expert for time spent in preparing for, giving, reviewing, and correcting the deposition.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 6 - Civil Procedure › Chapter 301 - Discovery Procedures for Civil Actions › Subchapter C. Discovery Regarding Testifying Expert Witnesses › Section 301.108. Expert Communications Protected

Sec. 301.108.  EXPERT COMMUNICATIONS PROTECTED.  Communications between a party's attorney and a testifying expert witness in an action subject to this chapter are protected from discovery regardless of the form of the communications, except to the extent that the communications:
(1)  relate to compensation for the expert's study or testimony;
(2)  identify facts or data that the party's attorney provided and that the expert considered in forming the opinions the expert will express; or
(3)  identify assumptions that the party's attorney provided and that the expert relied on in forming the opinions the expert will express.
Added by Acts 2023, 88th Leg., R.S., Ch. 844 (H.B. 2850), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Reference in Law to Statute Revised by Code

Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Preemption

Sec. 1.004.  PREEMPTION.  (a)  Unless expressly authorized by another statute and except as provided by Subsection (b), a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
(b)  A municipality or county may enforce or maintain an ordinance, order, or rule regulating any conduct under Chapter 393 and any conduct related to a credit services organization, as defined by Section 393.001 or by any other provision of this code, or a credit access business, as defined by Section 393.601 or by any other provision of this code, if:
(1)  the municipality or county adopted the ordinance, order, or rule before January 1, 2023; and
(2)  the ordinance, order, or rule would have been valid under the law as it existed before the date this section was enacted.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter A. General Provisions › Section 11.001. Definitions

Sec. 11.001.  DEFINITIONS.  (a)  The definitions provided by Section 31.002 apply to this chapter.
(b)  In this chapter, "finance agency" means:
(1)  the Texas Department of Banking;
(2)  the Department of Savings and Mortgage Lending; or
(3)  the Office of Consumer Credit Commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.002, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter A. General Provisions › Section 11.002. Purpose of Commission; Strategic Plan

Sec. 11.002.  PURPOSE OF COMMISSION;  STRATEGIC PLAN.  (a)  The finance commission is responsible for overseeing and coordinating the Texas Department of Banking, the Department of Savings and Mortgage Lending, and the Office of Consumer Credit Commissioner and serves as the primary point of accountability for ensuring that state depository and lending institutions function as a system, considering the broad scope of the financial services industry.  The finance commission is the policy-making body for those finance agencies and is not a separate state agency.  The finance commission shall carry out its functions in a manner that protects consumer interests, maintains a safe and sound banking system, and increases the economic prosperity of the state.
(b)  The finance commission shall prepare and periodically update a strategic plan for coordination of the state financial system.  Each finance agency shall cooperate in preparation of the plan.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.003, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.101. Appointment; Terms; Oath

Sec. 11.101.  APPOINTMENT;  TERMS;  OATH.  (a)  The Finance Commission of Texas is composed of 11 members appointed by the governor with the advice and consent of the senate.
(b)  Members of the finance commission serve staggered six-year terms, with as near as possible to one-third of the members' terms expiring February 1 of each even-numbered year.
(c)  An appointment to the finance commission must be made without regard to the race, color, age, sex, religion, disability, or national origin of the appointee.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 881 (S.B. 249), Sec. 1, eff. June 17, 2011.