SRC-PNG H.B. 3093 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3093
By: Gutierrez (Ellis)
Jurisprudence
5/11/1999
Engrossed


DIGEST 

Currently, under Texas law, a close relative of a child is not allowed to
file a suit affecting the parent-child relationship.  In order for a
relative to sue for custody of the child, the relative must qualify under
another provision.  For example, the relative could file suit if the
relative had actual care, control, or possession of the child for at least
six months preceding the filing of the petition. This bill would authorize
a person within three degrees of consanguinity of a child, such as a
sibling, grandparent, aunt, or uncle, to file a suit affecting the
parent-child relationship if the child's parent, managing conservator, or
guardian is deceased at the time the petition is filed. 

PURPOSE

As proposed, H.B. 3093  authorizes a person within three degrees of
consanguinity of a child, such as a sibling, grandparent, aunt, or uncle,
to file a suit affecting the parent-child relationship if the child's
parent, managing conservator, or guardian is deceased at the time the
petition is filed. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 102.003, Family Code, to authorize an original
suit affecting a parent-child relationship to be filed at any time by a
person who is a relative of the child within the third degree of
consanguinity, as determined by Chapter 573, Government Code, if the
child's parent's are deceased at the time the petition is filed.  Makes a
conforming change. 

SECTION 2. Amends Section 102.004(a), Family Code, to authorize a
grandparent to file an original suit requesting managing conservatorship in
addition to the general standing to file suit under Section 102.003(13),
if there is satisfactory proof to the court that the order requested is
necessary because the child's present environment presents a serious
question concerning the child's physical health or welfare or both parents,
the surviving parent, or the managing conservator either filed the petition
or consented to the suit. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Emergency clause.
  Effective date: upon passage.