1 | 1 | | 84R7582 MCK-F |
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2 | 2 | | By: Burton S.B. No. 712 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to standing for certain individuals to file a suit |
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8 | 8 | | affecting the parent-child relationship. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 102.006(c), Family Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (c) The limitations on filing suit imposed by this section |
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13 | 13 | | do not apply to a person related to the child within the third |
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14 | 14 | | degree by consanguinity as determined under Subchapter B, Chapter |
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15 | 15 | | 573, Government Code, who otherwise has standing under this chapter |
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16 | 16 | | to file suit [an adult sibling of the child, a grandparent of the |
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17 | 17 | | child, an aunt who is a sister of a parent of the child, or an uncle |
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18 | 18 | | who is a brother of a parent of the child] if the person: |
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19 | 19 | | (1) [adult sibling, grandparent, aunt, or uncle] files |
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20 | 20 | | an original suit or a suit for modification requesting managing |
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21 | 21 | | conservatorship or adoption of the child not later than the 30th |
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22 | 22 | | [90th] day after the date the parent-child relationship between the |
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23 | 23 | | child and the parent is terminated in a suit filed by the Department |
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24 | 24 | | of Family and Protective Services requesting the termination of the |
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25 | 25 | | parent-child relationship; and |
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26 | 26 | | (2) demonstrates that the person's failure to become |
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27 | 27 | | involved in the suit filed by the Department of Family and |
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28 | 28 | | Protective Services was not due to the person's indifference or |
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29 | 29 | | lack of diligence. |
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30 | 30 | | SECTION 2. This Act takes effect immediately if it receives |
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31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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34 | 34 | | Act takes effect September 1, 2015. |
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