82R13003 TJB-F
 
  By: Parker H.B. No. 436
 
  Substitute the following for H.B. No. 436:
 
  By:  Raymond C.S.H.B. No. 436
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to standing for certain foster parents to file a suit
  affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.003(a), Family Code, is amended to
  read as follows:
         (a)  An original suit may be filed at any time by:
               (1)  a parent of the child;
               (2)  the child through a representative authorized by
  the court;
               (3)  a custodian or person having the right of
  visitation with or access to the child appointed by an order of a
  court of another state or country;
               (4)  a guardian of the person or of the estate of the
  child;
               (5)  a governmental entity;
               (6)  an authorized agency;
               (7)  a licensed child placing agency;
               (8)  a man alleging himself to be the father of a child
  filing in accordance with Chapter 160, subject to the limitations
  of that chapter, but not otherwise;
               (9)  a person, other than a foster parent, who has had
  actual care, control, and possession of the child for at least six
  months ending not more than 90 days preceding the date of the filing
  of the petition;
               (10)  a person designated as the managing conservator
  in a revoked or unrevoked affidavit of relinquishment under Chapter
  161 or to whom consent to adoption has been given in writing under
  Chapter 162;
               (11)  a person with whom the child and the child's
  guardian, managing conservator, or parent have resided for at least
  six months ending not more than 90 days preceding the date of the
  filing of the petition if the child's guardian, managing
  conservator, or parent is deceased at the time of the filing of the
  petition;
               (12)  a person who is the foster parent of a child
  placed by the Department of Family and Protective [and Regulatory]
  Services in the person's home for at least:
                     (A)  12 months ending not more than 90 days
  preceding the date of the filing of the petition; or
                     (B)  six months ending not more than 90 days
  preceding the date of the filing of the petition if the department
  has removed the child from the child's home more than once;
               (13)  a person who is a relative of the child within the
  third degree by consanguinity, as determined by Chapter 573,
  Government Code, if the child's parents are deceased at the time of
  the filing of the petition; or
               (14)  a person who has been named as a prospective
  adoptive parent of a child by a pregnant woman or the parent of the
  child, in a verified written statement to confer standing executed
  under Section 102.0035, regardless of whether the child has been
  born.
         SECTION 2.  The change in law made by this Act applies only
  to a suit affecting the parent-child relationship filed on or after
  the effective date of this Act.  A suit filed before that date is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.