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.