By Zbranek                                             H.B. No. 329
         76R1165 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the period of custody necessary for standing in a suit
 1-3     affecting the parent-child relationship.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 102.003, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
 1-8     suit may be filed at any time by:
 1-9                 (1)  a parent of the child;
1-10                 (2)  the child through a representative authorized by
1-11     the court;
1-12                 (3)  a custodian or person having the right of
1-13     visitation with or access to the child appointed by an order of a
1-14     court of another state or country;
1-15                 (4)  a guardian of the person or of the estate of the
1-16     child;
1-17                 (5)  a governmental entity;
1-18                 (6)  an authorized agency;
1-19                 (7)  a licensed child placing agency;
1-20                 (8)  a man alleging himself to be the biological father
1-21     of a child filing in accordance with Chapter 160, subject to the
1-22     limitations of Section 160.101, but not otherwise;
1-23                 (9)  a person who has had actual care, control, and
1-24     possession of the child for a period of not less than six months at
 2-1     any time before [preceding] the filing of the petition;
 2-2                 (10)  a person designated as the managing conservator
 2-3     in a revoked or unrevoked affidavit of relinquishment under Chapter
 2-4     161 or to whom consent to adoption has been given in writing under
 2-5     Chapter 162;
 2-6                 (11)  a person with whom the child and the child's
 2-7     guardian, managing conservator, or parent have resided for not less
 2-8     than six months preceding the filing of the petition if the child's
 2-9     guardian, managing conservator, or parent is deceased at the time
2-10     of the filing of the petition; or
2-11                 (12)  a person who is the foster parent of a child
2-12     placed by the Department of Protective and Regulatory Services in
2-13     the person's home for a period of not less than 18 months preceding
2-14     the date of the filing of the petition.
2-15           SECTION 2.  This Act takes effect September 1, 1999, and
2-16     applies to a suit affecting the parent-child relationship:
2-17                 (1) filed before, and pending on, that date; or
2-18                 (2) filed on or after that date.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.