1-1 By: Goodman (Senate Sponsor - Harris of Tarrant) H.B. No. 793
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 4, 1993, reported favorably by the following
1-5 vote: Yeas 6, 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 and to the court in which juveniles are
1-19 tried.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 11.03(a), Family Code, is amended to read
1-22 as follows:
1-23 (a) An original suit affecting the parent-child relationship
1-24 may be brought at any time by:
1-25 (1) a parent of the child;
1-26 (2) the child (through a representative authorized by
1-27 the court);
1-28 (3) a custodian or person having rights of visitation
1-29 with or access to the child appointed by an order of a court of
1-30 another state or country or by a court of this state before January
1-31 1, 1974;
1-32 (4) a guardian of the person or of the estate of the
1-33 child;
1-34 (5) a governmental entity;
1-35 (6) any authorized agency;
1-36 (7) a man alleging himself to be the biological father
1-37 of a child who has no presumed father filing in accordance with
1-38 Chapter 13 of this code, but not otherwise;
1-39 (8) a person who has had actual possession and control
1-40 of the child for at least six months immediately preceding the
1-41 filing of the petition; <or>
1-42 (9) a person designated as the managing conservator in
1-43 a revoked or unrevoked affidavit of relinquishment under Section
1-44 15.03 of this code or to whom consent to adoption has been given in
1-45 writing under Section 16.05 of this code; or
1-46 (10) a person with whom the child and the child's
1-47 guardian, managing conservator, or parent have resided for at least
1-48 six months immediately preceding the filing of the petition and the
1-49 child's guardian, managing conservator, or parent is deceased at
1-50 the time of the filing of the petition.
1-51 SECTION 2. Section 11.03(b), Family Code, is amended to read
1-52 as follows:
1-53 (b) An original suit affecting the parent-child relationship
1-54 seeking managing conservatorship may be brought by a grandparent
1-55 <or by any other person deemed by the court to have had substantial
1-56 past contact with the child sufficient to warrant standing to do
1-57 so>, if there is satisfactory proof to the court that:
1-58 (1) the order sought is necessary because the child's
1-59 present environment presents a serious question concerning the
1-60 child's physical health or welfare <child's environment with the
1-61 parent or parents, the managing conservator, or the custodian
1-62 presents a serious and immediate question concerning the welfare of
1-63 the child>; or
1-64 (2) both parents, the surviving parent, or the
1-65 managing conservator or custodian either filed the petition or
1-66 consented to the suit.
1-67 SECTION 3. Section 51.18, Family Code, is amended to read as
1-68 follows:
2-1 Sec. 51.18. ELECTION BETWEEN JUVENILE COURT AND <POWERS AND
2-2 DUTIES OF> ALTERNATE JUVENILE COURT. (a) This section applies
2-3 only to a child who has a right to a trial before a juvenile court
2-4 the judge of which is not an attorney licensed in this state.
2-5 (b) On any matter that may lead to an order appealable under
2-6 Section 56.01 of this code, a child may be tried before either the
2-7 juvenile court or the alternate juvenile court.
2-8 (c) The child may elect to be tried before the alternate
2-9 juvenile court only if the child files a written notice with that
2-10 court not later than 10 days before the date of the trial. After
2-11 the notice is filed, the child may be tried only in the alternate
2-12 juvenile court. If the child does not file a notice as provided by
2-13 this subsection, the child may be tried only in the juvenile court.
2-14 (d) If the child is tried before the juvenile court, the
2-15 child is not entitled to a trial de novo before the alternate
2-16 juvenile court.
2-17 (e) The child may appeal any order of the juvenile court or
2-18 alternate juvenile court only as provided by Section 56.01 of this
2-19 code. <If a juvenile court, the judge of which is not an attorney
2-20 licensed in this state, issues an order that may be appealed as
2-21 provided in Subsection (c) of Section 56.01 of this code, the child
2-22 shall have a right to a trial de novo before the alternate juvenile
2-23 court or may appeal the order of the court as provided in Section
2-24 56.01.>
2-25 SECTION 4. Section 51.04(d), Family Code, is amended to read
2-26 as follows:
2-27 (d) If the judge of a court designated in Subsection (b) or
2-28 (c) of this section is not an attorney licensed in this state,
2-29 there shall also be designated an alternate court, the judge of
2-30 which is an attorney licensed in this state. <The alternate
2-31 juvenile court shall rule on motions and hold hearings as provided
2-32 in Section 51.18 of this chapter.>
2-33 SECTION 5. Section 23.001, Government Code, is amended to
2-34 read as follows:
2-35 Sec. 23.001. Juvenile Jurisdiction. <(a)> Each district
2-36 court, county court, and statutory county court exercising any of
2-37 the constitutional jurisdiction of either a county court or a
2-38 district court has jurisdiction over juvenile matters and may be
2-39 designated a juvenile court.
2-40 <(b) Action taken by a juvenile judge who is not licensed to
2-41 practice law in this state is subject to a trial de novo and appeal
2-42 as provided by Sections 51.04, 51.18, and 56.01 of the Family
2-43 Code.>
2-44 SECTION 6. Section 1 of this Act applies only to a suit
2-45 filed on or after the effective date of this Act. A suit filed
2-46 before that date is governed by the law in effect on the date the
2-47 suit was filed, and the former law is continued in effect for that
2-48 purpose.
2-49 SECTION 7. Sections 3, 4, and 5 of this Act apply only to a
2-50 trial that began on or after the effective date of this Act. A
2-51 trial that began before the effective date of this Act is governed
2-52 by the law in effect at the time the trial began and that law is
2-53 continued in effect for that purpose.
2-54 SECTION 8. The importance of this legislation and the
2-55 crowded condition of the calendars in both houses create an
2-56 emergency and an imperative public necessity that the
2-57 constitutional rule requiring bills to be read on three several
2-58 days in each house be suspended, and this rule is hereby suspended,
2-59 and that this Act take effect and be in force from and after its
2-60 passage, and it is so enacted.
2-61 * * * * *
2-62 Austin,
2-63 Texas
2-64 May 4, 1993
2-65 Hon. Bob Bullock
2-66 President of the Senate
2-67 Sir:
2-68 We, your Committee on Jurisprudence to which was referred H.B.
2-69 No. 793, have had the same under consideration, and I am instructed
2-70 to report it back to the Senate with the recommendation that it do
3-1 pass and be printed.
3-2 Henderson,
3-3 Chairman
3-4 * * * * *
3-5 WITNESSES
3-6 No witnesses appeared on H. B. No. 793.