By King of Parker H.B. No. 1635
77R6536 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to standing to file a suit requesting termination of the
1-3 parent-child relationship or adoption.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 102.003(a), Family Code, is amended to
1-6 read as follows:
1-7 (a) 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 of
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;
1-22 (9) a person, other than a foster parent, who has had
1-23 actual care, control, and possession of the child for at least six
1-24 months ending not more than 90 days preceding the date of 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 at least
2-8 six months ending not more than 90 days preceding the date of the
2-9 filing of the petition if the child's guardian, managing
2-10 conservator, or parent is deceased at the time of the filing of the
2-11 petition;
2-12 (12) a person who is the foster parent of a child
2-13 placed by the Department of Protective and Regulatory Services in
2-14 the person's home for at least 12 months ending not more than 90
2-15 days preceding the date of the filing of the petition; [or]
2-16 (13) a person who is a relative of the child within
2-17 the third degree by consanguinity, as determined by Chapter 573,
2-18 Government Code, if the child's parents are deceased at the time of
2-19 the filing of the petition; or
2-20 (14) a person who has been named as a prospective
2-21 adoptive parent of a child by a pregnant woman or the parent of the
2-22 child, in a verified written statement to confer standing,
2-23 regardless of whether the child has been born.
2-24 SECTION 2. Chapter 102, Family Code, is amended by adding
2-25 Section 102.0035 to read as follows:
2-26 Sec. 102.0035. STATEMENT TO CONFER STANDING. (a) A
2-27 pregnant woman or a parent of a child may execute a statement to
3-1 confer standing to a prospective adoptive parent as provided by
3-2 this section to assert standing under Section 102.003(a)(14).
3-3 (b) A statement to confer standing must contain:
3-4 (1) the signature, name, age, and address of the
3-5 person named as a prospective adoptive parent;
3-6 (2) the signature, name, age, and address of the
3-7 pregnant woman or of the parent of the child who is consenting to
3-8 the filing of a petition for adoption or to terminate the
3-9 parent-child relationship as described by Subsection (a); and
3-10 (3) the birth date of the child or the anticipated
3-11 birth date if the child has not been born.
3-12 (c) The statement to confer standing must be attached to the
3-13 petition in a suit affecting the parent-child relationship. The
3-14 statement may not be used for any purpose other than to confer
3-15 standing in the proceeding for which the petition is filed.
3-16 (d) A statement to confer standing may be signed at any time
3-17 after the first trimester of the pregnancy of the mother of the
3-18 unborn child whose parental rights are to be terminated.
3-19 (e) A statement to confer standing is not required in a suit
3-20 brought by a person who has standing to file a suit affecting the
3-21 parent-child relationship under Sections 102.003(a)(1)-(13) or any
3-22 other law under which the person has standing to file a suit.
3-23 SECTION 3. This Act takes effect September 1, 2001.