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.