| 1 | 1 | | 82R13004 MCK-F |
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| 2 | 2 | | By: Parker H.B. No. 835 |
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| 3 | 3 | | Substitute the following for H.B. No. 835: |
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| 4 | 4 | | By: Bohac C.S.H.B. No. 835 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to standing for certain individuals to file a suit |
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| 10 | 10 | | affecting the parent-child relationship. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 102.006(c), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) The limitations on filing suit imposed by this section |
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| 15 | 15 | | do not apply to a person related to the child within the third |
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| 16 | 16 | | degree by consanguinity as determined under Subchapter B, Chapter |
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| 17 | 17 | | 573, Government Code, who otherwise has standing under this chapter |
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| 18 | 18 | | to file suit [an adult sibling of the child, a grandparent of the |
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| 19 | 19 | | child, an aunt who is a sister of a parent of the child, or an uncle |
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| 20 | 20 | | who is a brother of a parent of the child] if the person: |
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| 21 | 21 | | (1) [adult sibling, grandparent, aunt, or uncle] files |
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| 22 | 22 | | an original suit or a suit for modification requesting managing |
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| 23 | 23 | | conservatorship or adoption of the child not later than the 30th |
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| 24 | 24 | | [90th] day after the date the parent-child relationship between the |
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| 25 | 25 | | child and the parent is terminated in a suit filed by the Department |
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| 26 | 26 | | of Family and Protective Services requesting the termination of the |
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| 27 | 27 | | parent-child relationship; and |
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| 28 | 28 | | (2) demonstrates that the person's failure to become |
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| 29 | 29 | | involved in the suit filed by the Department of Family and |
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| 30 | 30 | | Protective Services was not due to the person's indifference or |
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| 31 | 31 | | lack of diligence. |
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| 32 | 32 | | SECTION 2. This Act takes effect immediately if it receives |
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| 33 | 33 | | a vote of two-thirds of all the members elected to each house, as |
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| 34 | 34 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 35 | 35 | | Act does not receive the vote necessary for immediate effect, this |
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| 36 | 36 | | Act takes effect September 1, 2011. |
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