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.