76R12493 E
By Gutierrez H.B. No. 3093
Substitute the following for H.B. No. 3093:
By Goodman C.S.H.B. No. 3093
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to general standing to file a suit affecting the
1-3 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 not less than six months preceding the
2-1 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; or
2-15 (13) a person who is a relative of the child within
2-16 the third degree by consanguinity, as determined by Chapter 573,
2-17 Government Code, if the child's parents are deceased at the time of
2-18 the filing of the petition.
2-19 SECTION 2. Section 102.004(a), Family Code, is amended to
2-20 read as follows:
2-21 (a) In addition to the general standing to file suit
2-22 provided by Section 102.003(13), a grandparent may file an [An]
2-23 original suit requesting managing conservatorship [may be filed by
2-24 a grandparent] if there is satisfactory proof to the court that:
2-25 (1) the order requested is necessary because the
2-26 child's present environment presents a serious question concerning
2-27 the child's physical health or welfare; or
3-1 (2) both parents, the surviving parent, or the
3-2 managing conservator or custodian either filed the petition or
3-3 consented to the suit.
3-4 SECTION 3. The change in law made by this Act applies to a
3-5 suit affecting the parent-child relationship that is pending on or
3-6 after the effective date of this Act.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.