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A BILL TO BE ENTITLED
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AN ACT
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relating to standing for certain individuals to file a suit |
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affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.006(c), Family Code, is amended to |
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read as follows: |
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(c) The limitations on filing suit imposed by this section |
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do not apply to a person related to the child within the third |
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degree by consanguinity as determined under Subchapter B, Chapter |
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573, Government Code, who otherwise has standing under this chapter |
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to file suit [an adult sibling of the child, a grandparent of the
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child, an aunt who is a sister of a parent of the child, or an uncle
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who is a brother of a parent of the child] if the person: |
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(1) [adult sibling, grandparent, aunt, or uncle] files |
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an original suit or a suit for modification requesting managing |
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conservatorship or adoption of the child not later than the 30th |
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[90th] day after the date the parent-child relationship between the |
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child and the parent is terminated in a suit filed by the Department |
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of Family and Protective Services requesting the termination of the |
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parent-child relationship; and |
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(2) demonstrates that the person's failure to become |
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involved in the suit filed by the Department of Family and |
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Protective Services was not due to the person's indifference or |
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lack of diligence. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |