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.