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.