By Harris S.B. No. 578 75R5011 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to standing for certain stepparents and stepgrandparents 1-3 in a suit affecting the parent-child relationship. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 101, Family Code, is amended by adding 1-6 Section 101.0305 to read as follows: 1-7 Sec. 101.0305. STEPGRANDPARENT; STEPPARENT. (a) 1-8 "Stepgrandparent" means a person other than a grandparent who is 1-9 married to a grandparent. 1-10 (b) "Stepparent" means a person other than a parent who is 1-11 married to a parent. 1-12 SECTION 2. Section 102.003, Family Code, is amended to read 1-13 as follows: 1-14 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original 1-15 suit may be filed at any time by: 1-16 (1) a parent or stepparent of the child; 1-17 (2) the child through a representative authorized by 1-18 the court; 1-19 (3) a custodian or person having the right of 1-20 visitation with or access to the child appointed by an order of a 1-21 court of another state or country; 1-22 (4) a guardian of the person or of the estate of the 1-23 child; 1-24 (5) a governmental entity; 2-1 (6) an authorized agency; 2-2 (7) a licensed child placing agency; 2-3 (8) a man alleging himself to be the biological father 2-4 of a child filing in accordance with Chapter 160, subject to the 2-5 limitations of Section 160.101, but not otherwise; 2-6 (9) a person who has had actual care, control, and 2-7 possession of the child for not less than six months preceding the 2-8 filing of the petition; 2-9 (10) a person designated as the managing conservator 2-10 in a revoked or unrevoked affidavit of relinquishment under Chapter 2-11 161 or to whom consent to adoption has been given in writing under 2-12 Chapter 162; or 2-13 (11) a person with whom the child and the child's 2-14 guardian, managing conservator, or parent have resided for not less 2-15 than six months preceding the filing of the petition if the child's 2-16 guardian, managing conservator, or parent is deceased at the time 2-17 of the filing of the petition. 2-18 SECTION 3. Section 153.432, Family Code, is amended by 2-19 adding Subsection (c) to read as follows: 2-20 (c) A stepgrandparent may request access under this 2-21 subchapter in the same manner as a grandparent if the court in 2-22 which the suit is filed determines that the stepgrandparent making 2-23 the request has: 2-24 (1) had substantial past contact with the grandchild; 2-25 and 2-26 (2) been the grandchild's stepgrandparent for the 2-27 shorter of: 3-1 (A) three years; or 3-2 (B) one-half of the grandchild's life. 3-3 SECTION 4. This Act takes effect September 1, 1997, and 3-4 applies only to a suit affecting the parent-child relationship 3-5 filed on or after that date. A suit affecting the parent-child 3-6 relationship filed before the effective date of this Act is 3-7 governed by the law in effect on the date the suit was filed, and 3-8 the former law is continued in effect for that purpose. 3-9 SECTION 5. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended.