By Goodman H.B. No. 793
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 and to the court in which juveniles are
1-4 tried.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.03(a), Family Code, is amended to read
1-7 as follows:
1-8 (a) An original suit affecting the parent-child relationship
1-9 may be brought at any time by:
1-10 (1) a parent of the child;
1-11 (2) the child (through a representative authorized by
1-12 the court);
1-13 (3) a custodian or person having rights of visitation
1-14 with or access to the child appointed by an order of a court of
1-15 another state or country or by a court of this state before January
1-16 1, 1974;
1-17 (4) a guardian of the person or of the estate of the
1-18 child;
1-19 (5) a governmental entity;
1-20 (6) any authorized agency;
1-21 (7) a man alleging himself to be the biological father
1-22 of a child who has no presumed father filing in accordance with
1-23 Chapter 13 of this code, but not otherwise;
1-24 (8) a person who has had actual possession and control
2-1 of the child for at least six months immediately preceding the
2-2 filing of the petition; <or>
2-3 (9) a person designated as the managing conservator in
2-4 a revoked or unrevoked affidavit of relinquishment under Section
2-5 15.03 of this code or to whom consent to adoption has been given in
2-6 writing under Section 16.05 of this code; or
2-7 (10) a person with whom the child and the child's
2-8 guardian, managing conservator, or parent have resided for at least
2-9 six months immediately preceding the filing of the petition and the
2-10 child's guardian, managing conservator, or parent is deceased at
2-11 the time of the filing of the petition.
2-12 SECTION 2. Section 11.03(b), Family Code, is amended to read
2-13 as follows:
2-14 (b) An original suit affecting the parent-child relationship
2-15 seeking managing conservatorship may be brought by a grandparent
2-16 <or by any other person deemed by the court to have had substantial
2-17 past contact with the child sufficient to warrant standing to do
2-18 so>, if there is satisfactory proof to the court that:
2-19 (1) the order sought is necessary because the child's
2-20 present environment presents a serious question concerning the
2-21 child's physical health or welfare <child's environment with the
2-22 parent or parents, the managing conservator, or the custodian
2-23 presents a serious and immediate question concerning the welfare of
2-24 the child>; or
2-25 (2) both parents, the surviving parent, or the
2-26 managing conservator or custodian either filed the petition or
2-27 consented to the suit.
3-1 SECTION 3. Section 51.18, Family Code, is amended to read as
3-2 follows:
3-3 Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND <POWERS AND
3-4 DUTIES OF> ALTERNATE JUVENILE COURT. (a) This section applies
3-5 only to a child who has a right to a trial before a juvenile court
3-6 the judge of which is not an attorney licensed in this state.
3-7 (b) On any matter that may lead to an order appealable under
3-8 Section 56.01 of this code, a child may be tried before either the
3-9 juvenile court or the alternate juvenile court.
3-10 (c) The child may elect to be tried before the alternate
3-11 juvenile court only if the child files a written notice with that
3-12 court not later than 10 days before the date of the trial. After
3-13 the notice is filed, the child may be tried only in the alternate
3-14 juvenile court. If the child does not file a notice as provided by
3-15 this subsection, the child may be tried only in the juvenile court.
3-16 (d) If the child is tried before the juvenile court, the
3-17 child is not entitled to a trial de novo before the alternate
3-18 juvenile court.
3-19 (e) The child may appeal any order of the juvenile court or
3-20 alternate juvenile court only as provided by Section 56.01 of this
3-21 code. <If a juvenile court, the judge of which is not an attorney
3-22 licensed in this state, issues an order that may be appealed as
3-23 provided in Subsection (c) of Section 56.01 of this code, the child
3-24 shall have a right to a trial de novo before the alternate juvenile
3-25 court or may appeal the order of the court as provided in Section
3-26 56.01.>
3-27 SECTION 4. Section 51.04(d), Family Code, is amended to read
4-1 as follows:
4-2 (d) If the judge of a court designated in Subsection (b) or
4-3 (c) of this section is not an attorney licensed in this state,
4-4 there shall also be designated an alternate court, the judge of
4-5 which is an attorney licensed in this state. <The alternate
4-6 juvenile court shall rule on motions and hold hearings as provided
4-7 in Section 51.18 of this chapter.>
4-8 SECTION 5. Section 23.001, Government Code, is amended to
4-9 read as follows:
4-10 Sec. 23.001. Juvenile Jurisdiction. <(a)> Each district
4-11 court, county court, and statutory county court exercising any of
4-12 the constitutional jurisdiction of either a county court or a
4-13 district court has jurisdiction over juvenile matters and may be
4-14 designated a juvenile court.
4-15 <(b) Action taken by a juvenile judge who is not licensed to
4-16 practice law in this state is subject to a trial de novo and appeal
4-17 as provided by Sections 51.04, 51.18, and 56.01 of the Family
4-18 Code.>
4-19 SECTION 6. Section 1 of this Act applies only to a suit
4-20 filed on or after the effective date of this Act. A suit filed
4-21 before that date is governed by the law in effect on the date the
4-22 suit was filed, and the former law is continued in effect for that
4-23 purpose.
4-24 SECTION 7. Sections 3, 4, and 5 of this Act apply only to a
4-25 trial that began on or after the effective date of this Act. A
4-26 trial that began before the effective date of this Act is governed
4-27 by the law in effect at the time the trial began and that law is
5-1 continued in effect for that purpose.
5-2 SECTION 8. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.