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A BILL TO BE ENTITLED
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AN ACT
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relating to standing in a suit affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.003, Family Code, is amended to read |
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as follows: |
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Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An |
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original suit may be filed at any time by: |
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(1) a parent of the child; |
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(2) the child through a representative authorized by |
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the court; |
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(3) a custodian or person having the right of |
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visitation with or access to the child appointed by an order of a |
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court of another state or country; |
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(4) a guardian of the person or of the estate of the |
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child; |
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(5) a governmental entity; |
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(6) the Department of Family and Protective Services; |
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(7) a licensed child placing agency; |
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(8) a man alleging himself to be the father of a child |
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filing in accordance with Chapter 160, subject to the limitations |
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of that chapter, but not otherwise; |
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(9) a person[, other than a foster parent,] who has had |
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actual care, control, and possession of the child for at least six |
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months ending not more than 90 days preceding the date of the filing |
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of the petition; |
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(10) a person designated as the managing conservator |
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in a revoked or unrevoked affidavit of relinquishment under Chapter |
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161 or to whom consent to adoption has been given in writing under |
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Chapter 162; |
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(11) a person with whom the child and the child's |
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guardian, managing conservator, or parent have resided for at least |
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six months ending not more than 90 days preceding the date of the |
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filing of the petition if the child's guardian, managing |
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conservator, or parent is deceased at the time of the filing of the |
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petition; |
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(12) [a person who is the foster parent of a child |
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placed by the Department of Family and Protective Services in the |
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person's home for at least 12 months ending not more than 90 days |
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preceding the date of the filing of the petition; |
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[(13)] a person who is a relative of the child within |
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the third degree by consanguinity, as determined by Chapter 573, |
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Government Code, if the child's parents are deceased at the time of |
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the filing of the petition; |
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(13) [(14)] a person who has been named as a |
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prospective adoptive parent of a child by a pregnant woman or the |
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parent of the child, in a verified written statement to confer |
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standing executed under Section 102.0035, regardless of whether the |
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child has been born; or |
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(14) [(15)] subject to Subsection (d), a person who is |
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an intended parent of a child or unborn child under a gestational |
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agreement that complies with the requirements of Section 160.754. |
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(b) In computing the time necessary for standing under |
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Subsections (a)(9) and [,] (11)[, and (12)], the court may not |
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require that the time be continuous and uninterrupted but shall |
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consider the child's principal residence during the relevant time |
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preceding the date of commencement of the suit. |
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(c) Notwithstanding the time requirements of Subsection |
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(a)(9) [(a)(12)], a person who is the foster parent of a child may |
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file a suit to adopt a child for whom the person is providing foster |
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care at any time after the person has been approved to adopt the |
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child. The standing to file suit under this subsection applies only |
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to the adoption of a child who is eligible to be adopted. |
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(d) A person described by Subsection (a)(14) [(a)(15)] has |
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standing to file an original suit only if: |
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(1) the person is filing an original suit jointly with |
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the other intended parent under the gestational agreement; or |
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(2) the person is filing an original suit against the |
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other intended parent under the gestational agreement. |
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SECTION 2. Sections 102.0035(a) and (e), Family Code, are |
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amended to read as follows: |
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(a) A pregnant woman or a parent of a child may execute a |
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statement to confer standing to a prospective adoptive parent as |
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provided by this section to assert standing under Section |
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102.003(a)(13) [102.003(a)(14)]. A statement to confer standing |
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under this section may not be executed in a suit brought by a |
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governmental entity under Chapter 262 or 263. |
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(e) A statement to confer standing is not required in a suit |
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brought by a person who has standing to file a suit affecting the |
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parent-child relationship under Sections 102.003(a)(1)-(12) |
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[102.003(a)(1)-(13)] or any other law under which the person has |
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standing to file a suit. |
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SECTION 3. Section 102.004(b-1), Family Code, is amended to |
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read as follows: |
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(b-1) A foster parent may only be granted leave to intervene |
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under Subsection (b) if the foster parent would have standing to |
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file an original suit as provided by Section 102.003(a)(9) |
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[102.003(a)(12)]. |
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SECTION 4. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is filed on or |
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after the effective date of this Act. A suit affecting the |
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parent-child relationship filed before the effective date of this |
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Act is governed by the law in effect on the date the suit was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2023. |