SRC-JLB H.B. 1648 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1648
78R6298 JMM-FBy: Morrison (Shapiro)
Jurisprudence
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Current Texas law provides that any person, other than a foster parent,
may join a lawsuit or file an original suit if that person can prove
actual possession of a child for a period of six months or if such person
can prove that a child and the child's managing conservator or guardian
have lived with the person for a period of six months and the child's
managing conservator or guardian are deceased.  However, a foster parent
must have a child in the foster parent's home for a minimum of one year
before gaining legal standing to file a lawsuit for adoption or any other
purpose.  H.B. 1648 allows a person who is the foster parent of a child to
adopt a child at any time after the person has been approved to adopt the
child.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 102.003, Family Code, by adding Subsection (c),
to authorize a person who is the foster parent of a child, notwithstanding
the time requirements of Subsection (a)(12), to file a suit to adopt a
child for whom the person is providing foster care at any time after the
person has been approved to adopt the child.  Provides that the standing
to file suit under this subsection applies only to the adoption of a child
who is eligible to be adopted. 
 
SECTION 2.  (a)  Effective date:  September 1, 2003.

 (b)  Makes application of this Act prospective.