By: Kamel H.B. No. 87
73R564 SOS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the manner in which relationships by consanguinity or
1-3 affinity are determined.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1, Article 5996h, Revised Statutes, is
1-6 amended to read as follows:
1-7 Sec. 1. The method of computing degrees of relationship is
1-8 the common <civil> law method.
1-9 SECTION 2. Section 2(c), Article 5996h, Revised Statutes, is
1-10 amended to read as follows:
1-11 (c) If a person and the person's relative are related by
1-12 consanguinity, but neither is descended from the other, the degree
1-13 of relationship is the same degree as the relationship between
1-14 <determined by adding>:
1-15 (1) themselves and their <the number of generations
1-16 between the person and the> nearest common ancestor, if they are
1-17 related to the ancestor in the same degree <of the person and the
1-18 person's relative>; or <and>
1-19 (2) <the number of generations between the relative
1-20 and> the nearest common ancestor and the more remote of the two
1-21 descendants, if they are related to the ancestor in different
1-22 degrees.
1-23 SECTION 3. Section 4(a), Article 5996h, Revised Statutes, is
1-24 amended to read as follows:
2-1 (a) A person's relatives within the third degree by
2-2 consanguinity include the person's:
2-3 (1) parent, <or> child, brother, and sister (relatives
2-4 in the first degree);
2-5 (2) <brother, sister,> grandparent, <or> grandchild,
2-6 first cousin, aunt who is a sister of a parent of the person, uncle
2-7 who is a brother of a parent of the person, nephew who is a child
2-8 of a brother or sister of the person, and niece who is a child of a
2-9 brother or sister of the person (relatives in the second degree);
2-10 and
2-11 (3) great-grandparent, great-grandchild, second
2-12 cousin, first cousin once removed, great-aunt who is a sister of a
2-13 grandparent of the person, great-uncle who is a brother of a
2-14 grandparent of the person, great-nephew who is a grandson of a
2-15 brother or sister of the person, and great-niece who is a
2-16 granddaughter of a brother or sister of the person <aunt who is a
2-17 sister of a parent of the person, uncle who is a brother of a
2-18 parent of the person, nephew who is a child of a brother or sister
2-19 of the person, or niece who is a child of a brother or sister of
2-20 the person> (relatives in the third degree).
2-21 SECTION 4. (a) The changes in law made by this Act apply
2-22 only to the appointment, or to the vote for or confirmation of the
2-23 appointment, to an office, position, clerkship, employment, or duty
2-24 under Article 5996a, Revised Statutes, on or after September 1,
2-25 1993.
2-26 (b) The appointment or the vote for or confirmation of the
2-27 appointment to an office, position, clerkship, employment, or duty
3-1 under Article 5996a, Revised Statutes, before September 1, 1993, is
3-2 governed by the law as it existed at the time of the appointment,
3-3 vote, or confirmation, and that law is continued in effect for this
3-4 purpose only.
3-5 (c) The changes in law made by this Act apply to an election
3-6 or appointment that occurs and to service or employment that begins
3-7 on or after September 1, 1993, when the qualifications for
3-8 election, appointment, service, or employment prohibit the person
3-9 being related to another person within a certain degree of
3-10 relationship.
3-11 (d) An election or appointment that occurs and any service
3-12 or employment that begins before September 1, 1993, when the
3-13 qualifications for election, appointment, service, or employment
3-14 prohibit the person being related to another person within a
3-15 certain degree are governed by the law as it existed at the time
3-16 the election or appointment occurs or the service or employment
3-17 begins, and that law is continued in effect for this purpose only.
3-18 SECTION 5. This Act takes effect September 1, 1993.
3-19 SECTION 6. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.