By: Averitt H.B. No. 360
73R404 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to persons who may bring an original suit affecting the
1-3 parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 11.03(a) and (b), Family Code, are
1-6 amended to read as follows:
1-7 (a) An original suit affecting the parent-child relationship
1-8 may be brought at any time by:
1-9 (1) a parent of the child;
1-10 (2) the child (through a representative authorized by
1-11 the court);
1-12 (3) a custodian or person having rights of visitation
1-13 with or access to the child appointed by an order of a court of
1-14 another state or country or by a court of this state before January
1-15 1, 1974;
1-16 (4) a guardian of the person or of the estate of the
1-17 child;
1-18 (5) a governmental entity;
1-19 (6) any authorized agency;
1-20 (7) a man alleging himself to be the biological father
1-21 of a child who has no presumed father filing in accordance with
1-22 Chapter 13 of this code, but not otherwise;
1-23 (8) a person who has had actual possession <and
1-24 control> of the child for at least six months immediately preceding
2-1 the filing of the petition, except that a foster parent who has
2-2 acquired actual possession of a child who has been voluntarily
2-3 placed by a parent with an authorized agency must have had actual
2-4 possession of the child for at least 12 months immediately
2-5 preceding the filing of the petition; or
2-6 (9) a person designated as the managing conservator in
2-7 a revoked or unrevoked affidavit of relinquishment under Section
2-8 15.03 of this code or to whom consent to adoption has been given in
2-9 writing under Section 16.05 of this code.
2-10 (b) An original suit affecting the parent-child relationship
2-11 seeking managing conservatorship may be brought by a grandparent or
2-12 by any other person deemed by the court to have had substantial
2-13 past contact with the child sufficient to warrant standing to do
2-14 so, if there is satisfactory proof to the court that:
2-15 (1) the order sought is necessary because the child's
2-16 present environment may endanger the child's physical health or
2-17 significantly impair the child's emotional development <child's
2-18 environment with the parent or parents, the managing conservator,
2-19 or the custodian presents a serious and immediate question
2-20 concerning the welfare of the child>; or
2-21 (2) both parents, the surviving parent, or the
2-22 managing conservator or custodian either filed the petition or
2-23 consented to the suit.
2-24 SECTION 2. This Act applies only to a suit filed on or after
2-25 the effective date of this Act. A suit filed before that date is
2-26 governed by the law in effect on the date the suit was filed, and
2-27 the former law is continued in effect for that purpose.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.