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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship between a |
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parent and a nonparent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 102, Family Code, is amended by adding |
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Section 102.0031 to read as follows: |
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Sec. 102.0031. REQUIRED AFFIDAVIT FOR STANDING OF |
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NONPARENT. (a) A nonparent who files or intervenes in a suit |
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affecting the parent-child relationship in which another party to |
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the suit is a parent of the child shall execute and serve with the |
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nonparent's initial pleading an affidavit that: |
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(1) attests, based on the nonparent's personal |
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knowledge or representations made to the nonparent by a person with |
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personal knowledge of the matter, that denying the relief sought |
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would significantly impair the child's physical health or emotional |
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development; and |
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(2) contains facts that support the allegation under |
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Subdivision (1). |
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(b) The court shall deny the relief sought and dismiss the |
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suit or strike the intervention, as applicable, unless the court |
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determines, based on the affidavit, that the affidavit contains |
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facts adequate to support the allegation under Subsection (a)(1). |
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SECTION 2. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD; REBUTTABLE |
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PRESUMPTION IN SUIT BETWEEN PARENT AND NONPARENT. (a) The best |
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interest of the child shall always be the primary consideration of |
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the court in determining the issues of conservatorship and |
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possession of and access to the child. |
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(b) In a suit between a parent and a nonparent, it is a |
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rebuttable presumption that: |
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(1) a parent acts in the best interest of the parent's |
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child; and |
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(2) it is in the best interest of a child to be in the |
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care, custody, and control of a parent. |
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(c) In a suit between a parent and a nonparent, the |
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nonparent may overcome the presumption under Subsection (b) by |
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proving by clear and convincing evidence that denial of the relief |
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requested by the nonparent would significantly impair the child's |
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physical health or emotional development. If the court renders an |
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order in the suit granting relief to the nonparent, the court shall |
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state in the order: |
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(1) the specific facts that support the court's |
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finding that denying the relief requested by the nonparent would |
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significantly impair the child's physical health or emotional |
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development; and |
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(2) the extent to which the nonparent has overcome the |
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presumption under Subsection (b). |
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SECTION 3. Subchapter A, Chapter 156, Family Code, is |
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amended by adding Section 156.008 to read as follows: |
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Sec. 156.008. ADDITIONAL REQUIREMENTS IN SUIT FOR |
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MODIFICATION BETWEEN PARENT AND NONPARENT. In a suit for |
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modification between a parent and a nonparent, the nonparent: |
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(1) if required to overcome the presumption under |
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Section 153.002(b), must overcome the presumption by clear and |
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convincing evidence; and |
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(2) may not overcome the presumption under Section |
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153.002(b) on the basis of a prior order granting relief to the |
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nonparent if the parent agreed to the prior order. |
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SECTION 4. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on or after the effective date of this Act or filed on or |
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after that date. |
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SECTION 5. This Act takes effect September 1, 2025. |
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