1-1 By: Averitt, et al. (Senate Sponsor - Sibley) H.B. No. 360
1-2 (In the Senate - Received from the House April 13, 1993;
1-3 April 14, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1993, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to persons who may bring an original suit affecting the
1-18 parent-child relationship.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 11.03(a), Family Code, is amended to read
1-21 as follows:
1-22 (a) An original suit affecting the parent-child relationship
1-23 may be brought at any time by:
1-24 (1) a parent of the child;
1-25 (2) the child (through a representative authorized by
1-26 the court);
1-27 (3) a custodian or person having rights of visitation
1-28 with or access to the child appointed by an order of a court of
1-29 another state or country or by a court of this state before January
1-30 1, 1974;
1-31 (4) a guardian of the person or of the estate of the
1-32 child;
1-33 (5) a governmental entity;
1-34 (6) any authorized agency;
1-35 (7) a man alleging himself to be the biological father
1-36 of a child who has no presumed father filing in accordance with
1-37 Chapter 13 of this code, but not otherwise;
1-38 (8) a person who has had actual possession <and
1-39 control> of the child for at least six months immediately preceding
1-40 the filing of the petition, except that a foster parent who has
1-41 acquired actual possession of a child who has been voluntarily
1-42 placed by a parent with an authorized agency must have had actual
1-43 possession of the child for at least 12 months immediately
1-44 preceding the filing of the petition; or
1-45 (9) a person designated as the managing conservator in
1-46 a revoked or unrevoked affidavit of relinquishment under Section
1-47 15.03 of this code or to whom consent to adoption has been given in
1-48 writing under Section 16.05 of this code.
1-49 SECTION 2. This Act applies only to a suit filed on or after
1-50 the effective date of this Act. A suit filed before that date is
1-51 governed by the law in effect on the date the suit was filed, and
1-52 the former law is continued in effect for that purpose.
1-53 SECTION 3. The importance of this legislation and the
1-54 crowded condition of the calendars in both houses create an
1-55 emergency and an imperative public necessity that the
1-56 constitutional rule requiring bills to be read on three several
1-57 days in each house be suspended, and this rule is hereby suspended,
1-58 and that this Act take effect and be in force from and after its
1-59 passage, and it is so enacted.
1-60 * * * * *
1-61 Austin,
1-62 Texas
1-63 May 4, 1993
1-64 Hon. Bob Bullock
1-65 President of the Senate
1-66 Sir:
1-67 We, your Committee on Jurisprudence to which was referred H.B.
1-68 No. 360, have had the same under consideration, and I am instructed
2-1 to report it back to the Senate with the recommendation that it do
2-2 pass and be printed.
2-3 Henderson,
2-4 Chairman
2-5 * * * * *
2-6 WITNESSES
2-7 FOR AGAINST ON
2-8 ___________________________________________________________________
2-9 Name: Winifred Conlon x
2-10 Representing: Tx State Foster Parents, Inc.
2-11 City: Austin
2-12 -------------------------------------------------------------------
2-13 Name: Bob Green x
2-14 Representing: Prim. Nurt. Fathers/Tx Father
2-15 City: Austin
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