By Gutierrez H.B. No. 3093
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to standing to file suit to change the parent-child
1-3 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 An original suit may be filed at any time by:
1-8 (1) a parent of the child;
1-9 (2) the child through a representative authorized by
1-10 the court;
1-11 (3) a custodian or person having the right to
1-12 visitation with or access to the child appointed by an order of a
1-13 court of another state or country;
1-14 (4) a guardian of the person or of the estate of the
1-15 child;
1-16 (5) a governmental entity;
1-17 (6) an authorized agency;
1-18 (7) a licensed child placing agency;
1-19 (8) a man alleging himself to be the biological father
1-20 of a child filing in accordance with Chapter 160, subject to the
1-21 limitations of Section 160.101, but not otherwise;
2-1 (9) a person who has had actual care, control, and
2-2 possession of the child for not less than six months preceding the
2-3 filing of the petition;
2-4 (10) a person designated as the managing conservator
2-5 in a revoked or unrevoked affidavit of relinquishment under Chapter
2-6 161 or to whom consent to adoption has been given in writing under
2-7 Chapter 162;
2-8 (11) a person with whom the child and the child's
2-9 guardian, managing conservator, or parent have resided for not less
2-10 than six months preceding the filing of the petition if the child's
2-11 guardian, managing conservator, or parent is deceased at the time
2-12 of the filing of the petition; [or]
2-13 (12) a person who is the foster parent of a child
2-14 placed by the Department of Protective and Regulatory Services in
2-15 the person's home for a period of not less than 18 months preceding
2-16 the date of the filing of the petition[.]; or
2-17 (13) a person who is within three degrees of
2-18 consanguinity of the child, pursuant to Section 573.023 of the
2-19 Government Code, if the child's guardian, managing conservator, or
2-20 parent is deceased at the time of the filing of the petition.
2-21 SECTION 2. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.