Texas 2015 - 84th Regular

Texas House Bill HB1704 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R21483 KKA-D
2	1		By: Deshotel H.B. No. 1704
3		-	Substitute the following for H.B. No. 1704:
4		-	By: Dutton C.S.H.B. No. 1704
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to disclosure of pregnancy or the existence of a
10	7		gestational agreement in a suit for the dissolution of a marriage
11	8		and standing of an intended parent under a gestational agreement to
12	9		file a suit affecting the parent-child relationship.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Section 6.406(a), Family Code, is amended to
15	12		read as follows:
16	13		(a) The petition in a suit for dissolution of a marriage
17	14		shall state whether:
18	15		(1) there are children born or adopted of the marriage
19	16		who are under 18 years of age or who are otherwise entitled to
20	17		support as provided by Chapter 154;
21	18		(2) a party to the marriage is pregnant; or
22	19		(3) the parties to the marriage have entered into a
23	20		gestational agreement establishing a parent-child relationship
24	21		between the parties and the child to be born under the agreement.
25		-	SECTION 2. Section 102.003(a), Family Code, as amended by
26		-	S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
27		-	amended to read as follows:
	22	+	SECTION 2. Section 102.003, Family Code, as amended by S.B.
	23	+	219, Acts of the 84th Legislature, Regular Session, 2015, is
	24	+	amended by amending Subsection (a) and adding Subsection (d) to
	25	+	read as follows:
28	26		(a) An original suit may be filed at any time by:
29	27		(1) a parent of the child;
30	28		(2) the child through a representative authorized by
31	29		the court;
32	30		(3) a custodian or person having the right of
33	31		visitation with or access to the child appointed by an order of a
34	32		court of another state or country;
35	33		(4) a guardian of the person or of the estate of the
36	34		child;
37	35		(5) a governmental entity;
38	36		(6) the Department of Family and Protective Services;
39	37		(7) a licensed child placing agency;
40	38		(8) a man alleging himself to be the father of a child
41	39		filing in accordance with Chapter 160, subject to the limitations
42	40		of that chapter, but not otherwise;
43	41		(9) a person, other than a foster parent, who has had
44	42		actual care, control, and possession of the child for at least six
45	43		months ending not more than 90 days preceding the date of the filing
46	44		of the petition;
47	45		(10) a person designated as the managing conservator
48	46		in a revoked or unrevoked affidavit of relinquishment under Chapter
49	47		161 or to whom consent to adoption has been given in writing under
50	48		Chapter 162;
51	49		(11) a person with whom the child and the child's
52	50		guardian, managing conservator, or parent have resided for at least
53	51		six months ending not more than 90 days preceding the date of the
54	52		filing of the petition if the child's guardian, managing
55	53		conservator, or parent is deceased at the time of the filing of the
56	54		petition;
57	55		(12) a person who is the foster parent of a child
58	56		placed by the Department of Family and Protective Services in the
59	57		person's home for at least 12 months ending not more than 90 days
60	58		preceding the date of the filing of the petition;
61	59		(13) a person who is a relative of the child within the
62	60		third degree by consanguinity, as determined by Chapter 573,
63	61		Government Code, if the child's parents are deceased at the time of
64	62		the filing of the petition; [or]
65	63		(14) a person who has been named as a prospective
66	64		adoptive parent of a child by a pregnant woman or the parent of the
67	65		child, in a verified written statement to confer standing executed
68	66		under Section 102.0035, regardless of whether the child has been
69	67		born; or
70		-	(15) a person who is an intended parent of a child
71		-	under a gestational agreement that substantially complies with the
72		-	requirements of Section 160.754, regardless of whether the child
73		-	has been born.
	68	+	(15) subject to Subsection (d), a person who is an
	69	+	intended parent of a child under a gestational agreement that
	70	+	substantially complies with the requirements of Section 160.754,
	71	+	regardless of whether the child has been born.
	72	+	(d) A person described by Subsection (a)(15) has standing to
	73	+	file an original suit only if:
	74	+	(1) the person is filing an original suit jointly with
	75	+	the other intended parent under the gestational agreement; or
	76	+	(2) the person is filing an original suit against the
	77	+	other intended parent under the gestational agreement.
74	78		SECTION 3. Section 6.406(a), Family Code, as amended by
75	79		this Act, applies only to a petition for dissolution of a marriage
76	80		that is filed on or after the effective date of this Act. A petition
77	81		for dissolution of a marriage that is filed before the effective
78	82		date of this Act is governed by the law in effect on the date the
79	83		petition is filed, and the former law is continued in effect for
80	84		that purpose.
81	85		SECTION 4. This Act takes effect September 1, 2015.